HB 1825

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the management of state financial
7	matters; amending s. 14.2015, F.S.; requiring the Office
8	of Tourism, Trade, and Economic Development and the
9	Florida Commission on Tourism to advise and consult with
10	the Consensus Estimating Conference principals concerning
11	certain duties; amending s. 20.19, F.S.,; eliminating
12	certain transfer authority of district administrators in
13	the Department of Children and Family Services; amending
14	s. 20.316, F.S., relating to the Department of Juvenile
15	Justice information systems; correcting a reference;
16	amending s. 45.062, F.S.; limiting the ability of agencies
17	to settle lawsuits in certain circumstances; amending s.
18	110.1239, F.S.; correcting a cross reference; amending s.
19	110.1245, F.S., relating to a savings sharing program;
20	correcting a reference; amending s. 215.32, F.S.;
21	providing for unallocated general revenue; revising a
22	provision relating to the restoration of expenditures from
23	the Budget Stabilization Fund; revising requirements and
24	uses of Working Capital Fund moneys; amending s. 215.5601,
25	F.S.; revising provisions relating to appropriations to
26	and uses of the Lawton Chiles Endowment Fund; amending ss.
27	215.93 and 215.94, F.S.; revising duties of the Financial
28	Management Information Board, the functional owners of
29	information subsystems, and the Auditor General relating
30	to the Florida Financial Management Information System;
31	amending s. 215.97, F.S., relating to the Florida Single
32	Audit Act; revising and providing definitions; revising
33	the uniform state audit requirements for state financial
34	assistance provided by state agencies to nonstate
35	entities; requiring the Department of Financial Services
36	to adopt rules and perform additional duties with respect
37	to the provision of financial assistance to carry out
38	state projects; revising duties of the Executive Office of
39	the Governor and Chief Financial Officer and specifying
40	duties of coordinating agencies; exempting certain
41	nonstate entities from the requirements of the Florida
42	Single Audit Act; amending s. 216.011, F.S.; revising and
43	providing definitions; amending s. 216.013, F.S.; revising
44	requirements for the long-range program plans developed by
45	state agencies and the judicial branch; providing for the
46	preparation of form, manner, and timeframe instructions
47	for such plans; revising the plan submission date;
48	revising the date by which to submit adjustments to such
49	plans; requiring the plans to be posted on the Internet;
50	providing that long-range program plans are exempt from
51	ch. 120; amending s. 216.023, F.S.; providing for
52	alternate dates for agencies to submit legislative budget
53	requests; changing the requirements for an annual
54	inventory of certain litigation; requiring and specifying
55	additional information in legislative budget requests;
56	revising requirements of the judicial branch's legislative
57	budget requests; revising duties of the Executive Office
58	of the Governor, the Legislature, and the Chief Justice
59	relating to legislative budget requests; amending s.
60	216.031, F.S.; revising requirements for target budget
61	requests; amending s. 216.052, F.S.; deleting certain
62	requirements relating to community budget requests;
63	amending s. 216.053, F.S.; deleting the requirement that
64	the General Appropriations Act contain summary information
65	concerning performance-based program budgets; amending s.
66	216.065, F.S.; revising requirements relating to fiscal
67	impact statements on actions affecting the budget;
68	amending s. 216.081, F.S.; providing data requirements for
69	the Governor's recommended budget under certain
70	circumstances; amending s. 216.133, F.S.; deleting
71	references to conform; amending s. 216.134, F.S.;
72	stipulating that consensus estimating conferences are
73	within the legislative branch; revising provisions
74	relating to public meetings of consensus estimating
75	conferences; amending s. 216.136, F.S.; deleting
76	provisions for the Child Welfare System Estimating
77	Conference and the Juvenile Justice Estimating Conference;
78	revising provisions relating to the principals of the
79	Self-Insurance Estimating Conference and the Florida
80	Retirement System Actuarial Assumption Conference;
81	amending s. 216.162, F.S.; revising the date for the
82	Governor to submit the recommended budget to the
83	Legislature; amending s. 216.163, F.S.; authorizing the
84	Governor's budget recommendation to include an alternative
85	recommendation for operating and fixed capital outlay
86	appropriations to that of the Chief Justice; amending s.
87	216.167, F.S.; deleting references to the Working Capital
88	Fund, to conform; amending s. 216.168, F.S.; deleting
89	provisions exempting the Governor from a requirement to
90	submit amended recommendations; amending s. 216.177, F.S.;
91	revising notice and review requirements for actions taken
92	under ch. 216, F.S., to provide for funds expended in
93	settlement of agency litigation; deleting an obsolete
94	provision; amending s. 216.181, F.S.; requiring approval
95	of certain amendments to an approved operating budget by
96	the Legislative Budget Commission; revising requirements
97	for determining salary rates; authorizing the Legislative
98	Budget Commission to approve salary rates; revising
99	provisions relating to how the annual salary rate is
100	determined and controlled; deleting certain notice
101	requirements; requiring that the legislative
102	appropriations committees approve certain nonoperating
103	budgets; deleting the authority to advance certain
104	contracted services funds in the Department of Children
105	and Family Service and the Department of Health; amending
106	s. 216.192, F.S.; deleting provisions authorizing the
107	legislative appropriations committees to provide advice
108	regarding the release of funds; authorizing the Executive
109	Office of the Governor and the Chief Justice to place
110	appropriations in mandatory reserve or budget reserve;
111	amending s. 216.195, F.S.; deleting certain notice and
112	review requirements for the impoundment of funds; amending
113	s. 216.221, F.S.; authorizing the Legislature to direct
114	the use of any state funds in an appropriations act to
115	offset General Revenue Fund deficits; revising
116	requirements for adjusting budgets in order to avoid or
117	eliminate a deficit; revising procedures for certifying a
118	budget deficit; revising requirements for the Governor and
119	the Chief Justice in developing plans of action; requiring
120	that the Legislative Budget Commission implement certain
121	reductions in appropriations; revising requirements for
122	resolving deficits; requiring that certain actions to
123	resolve a deficit be approved by the Legislative Budget
124	Commission; amending s. 216.231, F.S., relating to the
125	release of classified appropriations, to conform; amending
126	s. 216.235, F.S.; limiting the funding of certain
127	proposals under the Innovation Investment Program;
128	correcting references; amending s. 216.241, F.S.;
129	requiring that the initiation or commencement of new
130	programs be approved by the Legislative Budget Commission;
131	deleting certain notice requirements; amending s. 216.251,
132	F.S.; correcting a reference; revising requirements for
133	establishing certain salaries; amending s. 216.262, F.S.;
134	requiring the Legislative Budget Commission to approve
135	certain increases in the number of positions for
136	authorized programs; deleting provisions authorizing an
137	agency to retain salary dollars under certain
138	circumstances; amending s. 216.292, F.S.; revising
139	provisions relating to the transferability of
140	appropriations; revising limitations on the
141	transferability of appropriations; prohibiting spending
142	fixed capital outlay for other purposes; providing notice
143	and review requirements prior to implementation of certain
144	transfers; prohibiting transferring appropriations except
145	as otherwise provided by law; providing certain
146	exceptions; amending s. 216.301, F.S.; revising
147	requirements for continuing unexpended balances of
148	appropriations for fixed capital outlay; requiring
149	approval by the Executive Office of the Governor;
150	authorizing the President of the Senate and the Speaker of
151	the House of Representatives to provide for the retention
152	of certain balances from legislative budget entities;
153	revising the certification forward process for operating
154	appropriations; amending s. 218.60, F.S.; deleting an
155	obsolete provision; amending ss. 252.37 and 265.55, F.S.;
156	deleting certain references to the Working Capital Fund,
157	to conform; amending s. 288.7091, F.S.; correcting a cross
158	reference; amending s. 320.20, F.S.; providing duties of
159	the Chief Financial Officer with respect to the deposit of
160	certain trust fund moneys; amending s. 337.023, F.S.;
161	correcting a cross reference; amending s. 339.135, F.S.;
162	revising requirements for the tentative work programs
163	submitted by the Department of Transportation; specifying
164	procedures by which unexpended balances in certain
165	appropriations may be certified forward as fixed capital
166	outlay; requiring that the Legislative Budget Commission
167	approve certain extensions of spending authority; revising
168	requirements for amending certain work programs; requiring
169	approval of the Legislative Budget Commission for certain
170	work program amendments; amending 373.6065, F.S.;
171	correcting a cross reference; amending s. 381.0303, F.S.;
172	authorizing the Department of Health to obtain
173	reimbursement for special needs shelters from
174	unappropriated moneys in the General Revenue Fund;
175	amending s. 392.69, F.S.; correcting a cross reference;
176	amending s. 409.906, F.S.; deleting provisions authorizing
177	the Department of Children and Family Services to transfer
178	certain funds in excess of the amount specified in the
179	General Appropriations Act; amending s. 409.912, F.S.,
180	relating to the transfer of certain funds from the
181	Department of Elderly Affairs to the Agency for Health
182	Care Administration, to conform; amending s. 409.16745,
183	F.S.; eliminating 72-hour notification for transfer of
184	budget authority for the community partnership matching
185	grant program; amending ss. 468.392 and 475.484, F.S.;
186	deleting provisions exempting funds in the Auctioneer
187	Recovery Fund and the Real Estate Recovery Fund from
188	limitations imposed by an appropriation act; amending s.
189	631.141, F.S.; clarifying provisions requiring the
190	Legislative Budget Commission to approve certain
191	appropriations; amending s. 921.001, F.S.; requiring the
192	Legislature to make certain determinations with respect to
193	legislation affecting the prison population; amending s.
194	943.61, F.S.; deleting a provision requiring approval by
195	the Governor and the Legislative Budget Commission for
196	appropriations to the Capitol Police; amending s. 1003.03,
197	F.S.; correcting a cross reference; amending s. 1009.536,
198	F.S.; deleting duties of the Workforce Estimating
199	Conference with respect to certain career education
200	programs; amending s. 1013.512, F.S.; requiring a
201	recommendation by the Governor before placing certain
202	school district funds in reserve; providing for references
203	to the Working Capital Fund in certain legislation to be
204	replaced with a reference to the General Revenue Fund;
205	repealing s. 216.1825, F.S., relating to zero-based
206	budgeting; repealing s. 216.183, F.S., relating to
207	entities using performance-based program budgets;
208	repealing s. 288.1234, F.S., relating to the guaranty of
209	state obligations and the Olympic Games Guaranty Account;
210	providing effective dates.
211
212	Be It Enacted by the Legislature of the State of Florida:
213
214	Section 1.  Subsection (8) of section 14.2015, Florida
215	Statutes, is amended to read:
216	14.2015  Office of Tourism, Trade, and Economic
217	Development; creation; powers and duties.--
218	(8)  The Office of Tourism, Trade, and Economic Development
219	shall ensure that the contract between the Florida Commission on
220	Tourism and the commission's direct-support organization
221	contains a provision to provide the data on the visitor counts
222	and visitor profiles used in revenue estimating, employing the
223	same methodology used in fiscal year 1995-1996 by the Department
224	of Commerce. The Office of Tourism, Trade, and Economic
225	Development and the Florida Commission on Tourism must advise
226	and consult reach agreement with the Consensus Estimating
227	Conference principals before making any changes in methodology
228	used or information gathered.
229	Section 2.  Paragraph (b) of subsection (5) of section
230	20.19, Florida Statutes, is amended to read:
231	20.19  Department of Children and Family Services.--There
232	is created a Department of Children and Family Services.
233	(5)  SERVICE DISTRICTS.--
234	(b)1.  The secretary shall appoint a district administrator
235	for each of the service districts. The district administrator
236	shall serve at the pleasure of the secretary and shall perform
237	such duties as assigned by the secretary. Subject to the
238	approval of the secretary, such duties shall include
239	transferring up to 10 percent of the total district budget, the
240	provisions of ss. 216.292 and 216.351 notwithstanding.
241	2.  For the 2003-2004 fiscal year only, the transfer
242	authority provided in this subsection must be specifically
243	appropriated in the 2003-2004 General Appropriations Act and
244	shall be pursuant to the requirements of s. 216.292. This
245	subparagraph expires July 1, 2004.
246	3.  For the 2004-2005 fiscal year only, the transfer
247	authority provided in this subsection is available to the
248	department without further restriction other than as contained
249	in this subsection. This subparagraph expires July 1, 2005.
250	Section 3.  Paragraph (d) of subsection (4) of section
251	20.316, Florida Statutes, is amended to read:
252	20.316  Department of Juvenile Justice.--There is created a
253	Department of Juvenile Justice.
254	(4)  INFORMATION SYSTEMS.--
255	(d)  The management information system shall, at a minimum:
256	1.  Facilitate case management of juveniles referred to or
257	placed in the department's custody.
258	2.  Provide timely access to current data and computing
259	capacity to support outcome evaluation, legislative oversight,
260	the Juvenile Justice Estimating Conference, and other research.
261	3.  Provide automated support to the quality assurance and
262	program review functions.
263	4.  Provide automated support to the contract management
264	process.
265	5.  Provide automated support to the facility operations
266	management process.
267	6.  Provide automated administrative support to increase
268	efficiency, provide the capability of tracking expenditures of
269	funds by the department or contracted service providers that are
270	eligible for federal reimbursement, and reduce forms and
271	paperwork.
272	7.  Facilitate connectivity, access, and utilization of
273	information among various state agencies, and other state,
274	federal, local, and private agencies, organizations, and
275	institutions.
276	8.  Provide electronic public access to juvenile justice
277	information, which is not otherwise made confidential by law or
278	exempt from the provisions of s. 119.07(1).
279	9.  Provide a system for the training of information system
280	users and user groups.
281	Section 4.  Effective July 1, 2006, subsection (1) of
282	section 45.062, Florida Statutes, is amended to read:
283	45.062  Settlements, conditions, or orders when an agency
284	of the executive branch is a party.--
285	(1)  In any civil action in which a state executive branch
286	agency or officer is a party in state or federal court, the
287	officer, agent, official, or attorney who represents or is
288	acting on behalf of such agency or officer may not settle such
289	action, consent to any condition, or agree to any order in
290	connection therewith, if the settlement, condition, or order
291	requires the expenditure of or the obligation to expend any
292	state funds or other state resources exceeding $1 million, the
293	refund or future loss of state revenues exceeding $10 million,
294	or the establishment of any new program, unless:
295	(a)  The expenditure is provided for by an existing
296	appropriation or program established by law.; and
297	(b)  At the time settlement negotiations have begun in
298	earnest, written notification is given to the President of the
299	Senate, the Speaker of the House of Representatives, the Senate
300	and House of Representatives minority leaders, the chairs of the
301	appropriations committees of the Legislature, and the Attorney
302	General.
303	(c)(b)  Prior written notification is given at least within
304	5 business days, or as soon thereafter as practicable, before of
305	the date the settlement or presettlement agreement or order is
306	to be made final to the President of the Senate, the Speaker of
307	the House of Representatives, the Senate and House of
308	Representatives minority leaders, the chairs of the
309	appropriations committees of the Legislature, and the Attorney
310	General. Such notification shall specify how the agency involved
311	will address the costs in future years within the limits of
312	current appropriations.
313	1.  The Division of Risk Management need not give the
314	notification required by this paragraph when settling any claim
315	covered by the state self-insurance program for an amount less
316	than $250,000.
317	2.  The notification specified in this paragraph is not
318	required if:
319	a.  The action is one brought by the Attorney General;
320	b.  The only settlement obligation of the state resulting
321	from the claim is to pay court costs in an amount less than
322	$10,000; or
323	c.  Notification could delay, hinder, or preclude the
324	state's participation in multistate litigation.
325	Section 5.  Subsection (1) of section 110.1239, Florida
326	Statutes, is amended to read:
327	110.1239  State group health insurance program funding.--It
328	is the intent of the Legislature that the state group health
329	insurance program be managed, administered, operated, and funded
330	in such a manner as to maximize the protection of state employee
331	health insurance benefits. Inherent in this intent is the
332	recognition that the health insurance liabilities attributable
333	to the benefits offered state employees should be fairly,
334	orderly, and equitably funded. Accordingly:
335	(1)  The division shall determine the level of premiums
336	necessary to fully fund the state group health insurance program
337	for the next fiscal year. Such determination shall be made after
338	each Self-Insurance Estimating Conference as provided in s.
339	216.136(9)(11), but not later than December 1 and April 1 of
340	each fiscal year.
341	Section 6.  Paragraph (b) of subsection (1) of section
342	110.1245, Florida Statutes, is amended to read:
343	110.1245  Savings sharing program; bonus payments; other
344	awards.--
345	(1)
346	(b)  Each agency head shall recommend employees
347	individually or by group to be awarded an amount of money, which
348	amount shall be directly related to the cost savings realized.
349	Each proposed award and amount of money must be approved by the
350	Legislative Budget Budgeting Commission.
351	Section 7.  Section 215.32, Florida Statutes, is amended to
352	read:
353	215.32  State funds; segregation.--
354	(1)  All moneys received by the state shall be deposited in
355	the State Treasury unless specifically provided otherwise by law
356	and shall be deposited in and accounted for by the Chief
357	Financial Officer within the following funds, which funds are
358	hereby created and established:
359	(a)  General Revenue Fund.
360	(b)  Trust funds.
361	(c)  Working Capital Fund.
362	(c)(d)  Budget Stabilization Fund.
363	(2)  The source and use of each of these funds shall be as
364	follows:
365	(a)  The General Revenue Fund shall consist of all moneys
366	received by the state from every source whatsoever, except as
367	provided in paragraphs (b) and (c). Such moneys shall be
368	expended pursuant to General Revenue Fund appropriations acts,
369	or transferred as provided in paragraph (c), or maintained as
370	unallocated general revenue. Unallocated general revenue shall
371	be considered the working capital balance of the state and shall
372	consist of moneys in the General Revenue Fund that are in excess
373	of the amount needed to meet General Revenue Fund appropriations
374	for the current fiscal year. Annually, at least 5 percent of the
375	estimated increase in General Revenue Fund receipts for the
376	upcoming fiscal year over the current year General Revenue Fund
377	effective appropriations shall be appropriated for state-level
378	capital outlay, including infrastructure improvement and general
379	renovation, maintenance, and repairs.
380	(b)1.  The trust funds shall consist of moneys received by
381	the state which under law or under trust agreement are
382	segregated for a purpose authorized by law. The state agency or
383	branch of state government receiving or collecting such moneys
384	shall be responsible for their proper expenditure as provided by
385	law. Upon the request of the state agency or branch of state
386	government responsible for the administration of the trust fund,
387	the Chief Financial Officer may establish accounts within the
388	trust fund at a level considered necessary for proper
389	accountability. Once an account is established within a trust
390	fund, the Chief Financial Officer may authorize payment from
391	that account only upon determining that there is sufficient cash
392	and releases at the level of the account.
393	2.  In addition to other trust funds created by law, to the
394	extent possible, each agency shall use the following trust funds
395	as described in this subparagraph for day-to-day operations:
396	a.  Operations or operating trust fund, for use as a
397	depository for funds to be used for program operations funded by
398	program revenues, with the exception of administrative
399	activities when the operations or operating trust fund is a
400	proprietary fund.
401	b.  Operations and maintenance trust fund, for use as a
402	depository for client services funded by third-party payors.
403	c.  Administrative trust fund, for use as a depository for
404	funds to be used for management activities that are departmental
405	in nature and funded by indirect cost earnings and assessments
406	against trust funds. Proprietary funds are excluded from the
407	requirement of using an administrative trust fund.
408	d.  Grants and donations trust fund, for use as a
409	depository for funds to be used for allowable grant or donor
410	agreement activities funded by restricted contractual revenue
411	from private and public nonfederal sources.
412	e.  Agency working capital trust fund, for use as a
413	depository for funds to be used pursuant to s. 216.272.
414	f.  Clearing funds trust fund, for use as a depository for
415	funds to account for collections pending distribution to lawful
416	recipients.
417	g.  Federal grant trust fund, for use as a depository for
418	funds to be used for allowable grant activities funded by
419	restricted program revenues from federal sources.
420
421	To the extent possible, each agency must adjust its internal
422	accounting to use existing trust funds consistent with the
423	requirements of this subparagraph. If an agency does not have
424	trust funds listed in this subparagraph and cannot make such
425	adjustment, the agency must recommend the creation of the
426	necessary trust funds to the Legislature no later than the next
427	scheduled review of the agency's trust funds pursuant to s.
428	215.3206.
429	3.  All such moneys are hereby appropriated to be expended
430	in accordance with the law or trust agreement under which they
431	were received, subject always to the provisions of chapter 216
432	relating to the appropriation of funds and to the applicable
433	laws relating to the deposit or expenditure of moneys in the
434	State Treasury.
435	4.a.  Notwithstanding any provision of law restricting the
436	use of trust funds to specific purposes, unappropriated cash
437	balances from selected trust funds may be authorized by the
438	Legislature for transfer to the Budget Stabilization Fund and
439	General Revenue Working Capital Fund in the General
440	Appropriations Act.
441	b.  This subparagraph does not apply to trust funds
442	required by federal programs or mandates; trust funds
443	established for bond covenants, indentures, or resolutions whose
444	revenues are legally pledged by the state or public body to meet
445	debt service or other financial requirements of any debt
446	obligations of the state or any public body; the State
447	Transportation Trust Fund; the trust fund containing the net
448	annual proceeds from the Florida Education Lotteries; the
449	Florida Retirement System Trust Fund; trust funds under the
450	management of the State Board of Education Board of Regents,
451	where such trust funds are for auxiliary enterprises, self-
452	insurance, and contracts, grants, and donations, as those terms
453	are defined by general law; trust funds that serve as clearing
454	funds or accounts for the Chief Financial Officer or state
455	agencies; trust funds that account for assets held by the state
456	in a trustee capacity as an agent or fiduciary for individuals,
457	private organizations, or other governmental units; and other
458	trust funds authorized by the State Constitution.
459	(c)1.  The Budget Stabilization Fund shall consist of
460	amounts equal to at least 5 percent of net revenue collections
461	for the General Revenue Fund during the last completed fiscal
462	year. The Budget Stabilization Fund's principal balance shall
463	not exceed an amount equal to 10 percent of the last completed
464	fiscal year's net revenue collections for the General Revenue
465	Fund. As used in this paragraph, the term "last completed fiscal
466	year" means the most recently completed fiscal year prior to the
467	regular legislative session at which the Legislature considers
468	the General Appropriations Act for the year in which the
469	transfer to the Budget Stabilization Fund must be made under
470	this paragraph.
471	2.  By September 15 of each year, the Governor shall
472	authorize the Chief Financial Officer to transfer, and the Chief
473	Financial Officer shall transfer pursuant to appropriations made
474	by law, to the Budget Stabilization Fund the amount of money
475	needed for the balance of that fund to equal the amount
476	specified in subparagraph 1., less any amounts expended and not
477	restored. The moneys needed for this transfer may be
478	appropriated by the Legislature from any funds.
479	3.  Unless otherwise provided in this subparagraph, an
480	expenditure from the Budget Stabilization Fund must be restored
481	pursuant to a restoration schedule that provides for making five
482	equal annual transfers from the General Revenue Fund, beginning
483	in the third fiscal year following that in which the expenditure
484	was made. For any Budget Stabilization Fund expenditure, the
485	Legislature may establish by law a different restoration
486	schedule and such change may be made at any time during the
487	restoration period. Moneys are hereby appropriated for transfers
488	pursuant to this subparagraph.
489	4.  The Budget Stabilization Fund and the Working Capital
490	Fund may be used as a revolving fund funds for transfers as
491	provided in s. 215.18 17.61; however, any interest earned must
492	be deposited in the General Revenue Fund.
493	5.  The Chief Financial Officer and the Department of
494	Management Services shall transfer funds to water management
495	districts to pay eligible water management district employees
496	for all benefits due under s. 373.6065, as long as funds remain
497	available for the program described under s. 110.152 100.152.
498	(d)  The Working Capital Fund shall consist of moneys in
499	the General Revenue Fund which are in excess of the amount
500	needed to meet General Revenue Fund appropriations for the
501	current fiscal year. Each year, no later than the publishing
502	date of the annual financial statements for the state by the
503	Chief Financial Officer under s. 216.102, funds shall be
504	transferred between the Working Capital Fund and the General
505	Revenue Fund to establish the balance of the Working Capital
506	Fund for that fiscal year at the amount determined pursuant to
507	this paragraph.
508	Section 8.  Paragraphs (a) and (f) of subsection (5) of
509	section 215.5601, Florida Statutes, are amended to read:
510	215.5601  Lawton Chiles Endowment Fund.--
511	(5)  AVAILABILITY OF FUNDS; USES.--
512	(a)  Funds from the endowment which are available for
513	legislative appropriation shall be transferred by the board to
514	the Department of Financial Services Tobacco Settlement Clearing
515	Trust Fund, created in s. 17.41, and disbursed in accordance
516	with the legislative appropriation.
517	1.  Appropriations by the Legislature to the Department of
518	Health from endowment earnings from the principal set aside for
519	biomedical research shall be from a category called the James
520	and Esther King Biomedical Research Program and shall be
521	deposited into the Biomedical Research Trust Fund in the
522	Department of Health established in s. 20.435.
523	2.  Appropriations by the Legislature to the Department of
524	Children and Family Services, the Department of Health, or the
525	Department of Elderly Affairs from endowment earnings for health
526	and human services programs shall be from a category called the
527	Lawton Chiles Endowment Fund Programs and shall be deposited
528	into each department's respective Tobacco Settlement Trust Fund
529	as appropriated.
530	(f)  When advised by the Revenue Estimating Conference that
531	a deficit will occur with respect to the appropriations from the
532	tobacco settlement trust funds of the state agencies in any
533	fiscal year, the Governor shall develop a plan of action to
534	eliminate the deficit. Before implementing the plan of action,
535	the Governor must comply with s. 216.177(2). In developing the
536	plan of action, the Governor shall, to the extent possible,
537	preserve legislative policy and intent, and, absent any specific
538	directions to the contrary in the General Appropriations Act,
539	any reductions in appropriations from the tobacco settlement
540	trust funds of the state agencies for a fiscal year shall be
541	prorated among the specific appropriations made from all tobacco
542	settlement trust funds of the state agencies for that year.
543	Section 9.  Subsection (3) of section 215.93, Florida
544	Statutes, is amended to read:
545	215.93  Florida Financial Management Information System.--
546	(3)  The Florida Financial Management Information System
547	shall include financial management data and utilize the chart of
548	accounts approved by the Chief Financial Officer. Common
549	financial management data shall include, but not be limited to,
550	data codes, titles, and definitions used by one or more of the
551	functional owner subsystems. The Florida Financial Management
552	Information System shall utilize common financial management
553	data codes. The council shall recommend and the board shall
554	adopt policies regarding the approval and publication of the
555	financial management data. The Chief Financial Officer shall
556	adopt policies regarding the approval and publication of the
557	chart of accounts. The Chief Financial Officer's chart of
558	accounts shall be consistent with the common financial
559	management data codes established by the coordinating council.
560	Further, all systems not a part of the Florida Financial
561	Management Information System which provide information to the
562	system shall use the common data codes from the Florida
563	Financial Management Information System and the Chief Financial
564	Officer's chart of accounts. Data codes that cannot be supplied
565	by the Florida Financial Management Information System and the
566	Chief Financial Officer's chart of accounts and that are
567	required for use by the information subsystems shall be approved
568	by the board upon recommendation of the coordinating council.
569	However, board approval shall not be required for those data
570	codes specified by the Auditor General under the provisions of
571	s. 215.94(6)(c).
572	Section 10.  Subsection (6) of section 215.94, Florida
573	Statutes, is amended to read:
574	215.94  Designation, duties, and responsibilities of
575	functional owners.--
576	(6)(a)  Consistent with the provisions of s. 215.86, the
577	respective functional owner of each information subsystem shall
578	be responsible for ensuring The Auditor General shall be advised
579	by the functional owner of each information subsystem as to the
580	date that the development or significant modification of its
581	functional system specifications is to begin.
582	(b)  Upon such notification, the Auditor General shall
583	participate with each functional owner to the extent necessary
584	to provide assurance that:
585	1.  The accounting information produced by the information
586	subsystem adheres to generally accepted accounting principles.
587	2.  The information subsystem contains the necessary
588	controls to maintain its integrity, within acceptable limits and
589	at an acceptable cost.
590	3.  The information subsystem is auditable.
591	(b)(c)  The Auditor General shall be advised by the
592	functional owner of each information subsystem as to the date
593	that the development or significant modification of its
594	functional system specifications is to begin. The Auditor
595	General shall provide technical advice, as allowed by
596	professional auditing standards, on specific issues relating to
597	the design, implementation, and operation of each information
598	subsystem specify those additional features, characteristics,
599	controls, and internal control measures deemed necessary to
600	carry out the provisions of this subsection. Further, it shall
601	be the responsibility of each functional owner to ensure
602	installation and incorporation of such specified features,
603	characteristics, controls, and internal control measures within
604	each information subsystem.
605	Section 11.  Section 215.97, Florida Statutes, is amended
606	to read:
607	215.97  Florida Single Audit Act.--
608	(1)  The purposes of the section are to:
609	(a)  Establish uniform state audit requirements for state
610	financial assistance provided by state agencies to nonstate
611	entities to carry out state projects.
612	(b)  Promote sound financial management, including
613	effective internal controls, with respect to state financial
614	assistance administered by nonstate entities.
615	(c)  Promote audit economy and efficiency by relying to the
616	extent possible on already required audits of federal financial
617	assistance provided to nonstate entities.
618	(d)  Provide for identification of state financial
619	assistance transactions in the appropriations act, state
620	accounting records, and recipient organization records.
621	(e)  Promote improved coordination and cooperation within
622	and between affected state agencies providing state financial
623	assistance and nonstate entities receiving state assistance.
624	(f)  Ensure, to the maximum extent possible, that state
625	agencies monitor, use, and followup on audits of state financial
626	assistance provided to nonstate entities.
627	(2)  Definitions; as used in this section, the term:
628	(a)  "Audit threshold" means the threshold amount used to
629	determine to use in determining when a state single audit or
630	project-specific audit of a nonstate entity shall be conducted
631	in accordance with this section. Each nonstate entity that
632	expends a total amount of state financial assistance equal to or
633	in excess of $500,000 $300,000 in any fiscal year of such
634	nonstate entity shall be required to have a state single audit,
635	or a project-specific audit, for such fiscal year in accordance
636	with the requirements of this section. Every 2 years the Auditor
637	General, after consulting with the Executive Office of the
638	Governor, the Department of Financial Services Chief Financial
639	Officer, and all state awarding agencies that provide state
640	financial assistance to nonstate entities, shall review the
641	threshold amount for requiring audits under this section and may
642	adjust such threshold dollar amount consistent with the purposes
643	purpose of this section.
644	(b)  "Auditing standards" means the auditing standards as
645	stated in the rules of the Auditor General as applicable to for-
646	profit organizations, nonprofit organizations, or local
647	governmental entities.
648	(c)  "Catalog of State Financial Assistance" means a
649	comprehensive listing of state projects. The Catalog of State
650	Financial Assistance shall be issued by the Department of
651	Financial Services Executive Office of the Governor after
652	conferring with the Executive Office of the Governor Chief
653	Financial Officer and all state awarding agencies that provide
654	state financial assistance to nonstate entities. The Catalog of
655	State Financial Assistance shall include for each listed state
656	project: the responsible state awarding agency; standard state
657	project number identifier; official title; legal authorization;
658	and description of the state project, including objectives,
659	restrictions, application and awarding procedures, and other
660	relevant information determined necessary.
661	(d)  "Coordinating agency" means the state awarding agency
662	that provides the predominant amount of state financial
663	assistance expended by a recipient, as determined by the
664	recipient's Schedule of Expenditures of State Financial
665	Assistance. To provide continuity, the determination of the
666	predominant amount of state financial assistance shall be based
667	upon state financial assistance expended in the recipient's
668	fiscal years ending in 2006, 2009, and 2012, and every third
669	year thereafter.
670	(e)(d)  "Financial reporting package" means the nonstate
671	entities' financial statements, Schedule of Expenditures of
672	State Financial Assistance, auditor's reports, management
673	letter, auditee's written responses or corrective action plan,
674	correspondence on followup of prior years' corrective actions
675	taken, and such other information determined by the Auditor
676	General to be necessary and consistent with the purposes of this
677	section.
678	(f)(e)  "Federal financial assistance" means financial
679	assistance from federal sources passed through the state and
680	provided to nonstate organizations entities to carry out a
681	federal program. "Federal financial assistance" includes all
682	types of federal assistance as defined in applicable United
683	States Office of Management and Budget circulars.
684	(g)(f)  "For-profit organization" means any organization or
685	sole proprietor that but is not a local governmental entity or a
686	nonprofit organization.
687	(h)(g)  "Independent auditor" means an independent external
688	state or local government auditor or a certified public
689	accountant licensed under chapter 473 who meets the independence
690	standards.
691	(i)(h)  "Internal control over state projects" means a
692	process, effected by a nonstate an entity's management and other
693	personnel, designed to provide reasonable assurance regarding
694	the achievement of objectives in the following categories:
695	1.  Effectiveness and efficiency of operations.
696	2.  Reliability of financial operations.
697	3.  Compliance with applicable laws and regulations.
698	(j)(i)  "Local governmental entity" means a county as a
699	whole agency, municipality, or special district or any other
700	entity excluding (other than a district school board, charter
701	school, or community college), or public university, however
702	styled, which independently exercises any type of governmental
703	function within the state.
704	(k)(j)  "Major state project" means any state project
705	meeting the criteria as stated in the rules of the Department of
706	Financial Services Executive Office of the Governor. Such
707	criteria shall be established after consultation with all the
708	Chief Financial Officer and appropriate state awarding agencies
709	that provide state financial assistance and shall consider the
710	amount of state project expenditures and or expenses or inherent
711	risks. Each major state project shall be audited in accordance
712	with the requirements of this section.
713	(l)(k)  "Nonprofit organization" means any corporation,
714	trust, association, cooperative, or other organization that:
715	1.  Is operated primarily for scientific, educational
716	service, charitable, or similar purpose in the public interest.;
717	2.  Is not organized primarily for profit.;
718	3.  Uses net proceeds to maintain, improve, or expand the
719	operations of the organization.; and
720	4.  Has no part of its income or profit distributable to
721	its members, directors, or officers.
722	(m)(l)  "Nonstate entity" means a local governmental
723	entity, nonprofit organization, or for-profit organization that
724	receives state financial assistance resources.
725	(n)(m)  "Recipient" means a nonstate entity that receives
726	state financial assistance directly from a state awarding
727	agency.
728	(o)(n)  "Schedule of Expenditures of State Financial
729	Assistance" means a document prepared in accordance with the
730	rules of the Department of Financial Services Chief Financial
731	Officer and included in each financial reporting package
732	required by this section.
733	(p)(o)  "State awarding agency" means a the state agency,
734	as defined in s. 216.011, that is primarily responsible for the
735	operations and outcomes of a state project, regardless of the
736	state agency that actually provides provided state financial
737	assistance to a the nonstate entity.
738	(q)(p)  "State financial assistance" means financial
739	assistance from state resources, not including federal financial
740	assistance and state matching on federal programs, provided to a
741	nonstate entity entities to carry out a state project. "State
742	financial assistance" includes the all types of state resources
743	assistance as stated in the rules of the Department of Financial
744	Services Executive Office of the Governor established in
745	consultation with all the Chief Financial Officer and
746	appropriate state awarding agencies that provide state financial
747	assistance. It includes State financial assistance may be
748	provided directly by state awarding agencies or indirectly by
749	nonstate entities recipients of state awards or subrecipients.
750	"State financial assistance" It does not include procurement
751	contracts used to buy goods or services from vendors and. Audits
752	of such procurement contracts with vendors are outside of the
753	scope of this section. Also, audits of contracts to operate
754	state-owned state-government-owned and contractor-operated
755	facilities are excluded from the audit requirements of this
756	section.
757	(r)(q)  "State matching" means state resources provided to
758	a nonstate entity entities to be used to meet federal financial
759	participation matching requirements of federal programs.
760	(s)  "State program" means a set of special-purpose
761	activities undertaken to realize identifiable goals and
762	objectives in order to achieve a state agency's mission and
763	legislative intent requiring accountability for state resources.
764	(t)(r)  "State project" means a state program that provides
765	all state financial assistance to a nonstate organization and
766	that must be entity assigned a single state project number
767	identifier in the Catalog of State Financial Assistance.
768	(u)(s)  "State Projects Compliance Supplement" means a
769	document issued by the Department of Financial Services
770	Executive Office of the Governor, in consultation with the Chief
771	Financial Officer and all state awarding agencies that provide
772	state financial assistance. The State Projects Compliance
773	Supplement shall identify state projects, the significant
774	compliance requirements, eligibility requirements, matching
775	requirements, suggested audit procedures, and other relevant
776	information determined necessary.
777	(v)(t)  "State project-specific audit" means an audit of
778	one state project performed in accordance with the requirements
779	of subsection (10)(9).
780	(w)(u)  "State single audit" means an audit of a nonstate
781	entity's financial statements and state financial assistance.
782	Such audits shall be conducted in accordance with the auditing
783	standards as stated in the rules of the Auditor General.
784	(x)(v)  "Subrecipient" means a nonstate entity that
785	receives state financial assistance through another nonstate
786	entity.
787	(y)(w)  "Vendor" means a dealer, distributor, merchant, or
788	other seller providing goods or services that are required for
789	the conduct of a state project. These goods or services may be
790	for an organization's own use or for the use of beneficiaries of
791	the state project.
792	(3)  The Executive Office of the Governor is responsible
793	for notifying the Department of Financial Services of any
794	actions during the budgetary process that impact the Catalog of
795	State Financial Assistance. shall:
796	(a)  Upon conferring with the Chief Financial Officer and
797	all state awarding agencies, adopt rules necessary to provide
798	appropriate guidance to state awarding agencies, recipients and
799	subrecipients, and independent auditors of state financial
800	assistance relating to the requirements of this section,
801	including:
802	1.  The types or classes of financial assistance considered
803	to be state financial assistance which would be subject to the
804	requirements of this section. This would include guidance to
805	assist in identifying when the state agency or recipient has
806	contracted with a vendor rather than with a recipient or
807	subrecipient.
808	2.  The criteria for identifying a major state project.
809	3.  The criteria for selecting state projects for audits
810	based on inherent risk.
811	(b)  Be responsible for coordinating the initial
812	preparation and subsequent revisions of the Catalog of State
813	Financial Assistance after consultation with the Chief Financial
814	Officer and all state awarding agencies.
815	(c)  Be responsible for coordinating the initial
816	preparation and subsequent revisions of the State Projects
817	Compliance Supplement, after consultation with the Chief
818	Financial Officer and all state awarding agencies.
819	(4)  The Department of Financial Services Chief Financial
820	Officer shall:
821	(a)  Upon conferring with the Executive Office of the
822	Governor and all state awarding agencies, adopt rules necessary
823	to provide appropriate guidance to state awarding agencies,
824	nonstate entities, and independent auditors of state financial
825	assistance relating to the requirements of this section,
826	including:
827	1.  The types or classes of state resources considered to
828	be state financial assistance that would be subject to the
829	requirements of this section. This would include guidance to
830	assist in identifying when the state awarding agency or a
831	nonstate entity has contracted with a vendor rather than with a
832	recipient or subrecipient.
833	2.  The criteria for identifying a major state project.
834	3.  The criteria for selecting state projects for audits
835	based on inherent risk.
836	(b)  Be responsible for coordinating revisions to the
837	Catalog of State Financial Assistance after consultation with
838	the Executive Office of the Governor and all state awarding
839	agencies.
840	(c)  Be responsible for coordinating with the Executive
841	Office of the Governor actions affecting the budgetary process
842	under paragraph (b).
843	(d)  Be responsible for coordinating revisions to the State
844	Projects Compliance Supplement, after consultation with the
845	Executive Office of the Governor and all state awarding
846	agencies.
847	(e)(a)  Make enhancements to the state's accounting system
848	to provide for the:
849	1.  Recording of state financial assistance and federal
850	financial assistance appropriations and expenditures within the
851	state awarding agencies' operating funds.
852	2.  Recording of state project number identifiers, as
853	provided in the Catalog of State Financial Assistance, for state
854	financial assistance.
855	3.  Establishment and recording of an identification code
856	for each financial transaction, including awarding state
857	agencies' disbursements of state financial assistance and
858	federal financial assistance, as to the corresponding type or
859	organization that is party to the transaction (e.g., other
860	governmental agencies, nonprofit organizations, and for-profit
861	organizations), and disbursements of federal financial
862	assistance, as to whether the party to the transaction is or is
863	not a nonstate entity recipient or subrecipient.
864	(f)(b)  Upon conferring with the Executive Office of the
865	Governor and all state awarding agencies, adopt rules necessary
866	to provide appropriate guidance to state awarding agencies,
867	nonstate entities recipients and subrecipients, and independent
868	auditors of state financial assistance relating to the format
869	for the Schedule of Expenditures of State Financial Assistance.
870	(g)(c)  Perform any inspections, reviews, investigations,
871	or audits of state financial assistance considered necessary in
872	carrying out the Department of Financial Services' Chief
873	Financial Officer's legal responsibilities for state financial
874	assistance or to comply with the requirements of this section.
875	(5)  Each state awarding agency shall:
876	(a)  Provide to each a recipient information needed by the
877	recipient to comply with the requirements of this section,
878	including:
879	1.  The audit and accountability requirements for state
880	projects as stated in this section and applicable rules of the
881	Executive Office of the Governor, rules of the Department of
882	Financial Services Chief Financial Officer, and rules of the
883	Auditor General.
884	2.  Information from the Catalog of State Financial
885	Assistance, including the standard state project number
886	identifier; official title; legal authorization; and description
887	of the state project including objectives, restrictions, and
888	other relevant information determined necessary.
889	3.  Information from the State Projects Compliance
890	Supplement, including the significant compliance requirements,
891	eligibility requirements, matching requirements, suggested audit
892	procedures, and other relevant information determined necessary.
893	(b)  Require the recipient, as a condition of receiving
894	state financial assistance, to allow the state awarding agency,
895	the Department of Financial Services Chief Financial Officer,
896	and the Auditor General access to the recipient's records and
897	the recipient's independent auditor's working papers as
898	necessary for complying with the requirements of this section.
899	(c)  Notify the recipient that this section does not limit
900	the authority of the state awarding agency to conduct or arrange
901	for the conduct of additional audits or evaluations of state
902	financial assistance or limit the authority of any state
903	awarding agency inspector general, the Auditor General, or any
904	other state official.
905	(d)  Be provided one copy of each financial reporting
906	package prepared in accordance with the requirement of this
907	section.
908	(e)  Review the recipient's recipient financial reporting
909	package, including the management letters and corrective action
910	plans, to the extent necessary to determine whether timely and
911	appropriate corrective action has been taken with respect to
912	audit findings and recommendations pertaining to state financial
913	assistance that are specific to provided by the state awarding
914	agency.
915	(f)  Designate within the state awarding agency an
916	organizational unit that will be responsible for reviewing
917	financial reporting packages pursuant to paragraph (e).
918
919	If the state awarding agency is not the coordinating agency as
920	defined in paragraph (2)(d), the state awarding agency's
921	designated organizational unit shall communicate to the
922	coordinating agency the state awarding agency's approval of the
923	recipient's corrective action plan with respect to findings and
924	recommendations that are not specific to the state awarding
925	agency.
926	(6)  Each coordinating agency shall:
927	(a)  Review the recipient's financial reporting package,
928	including the management letter and corrective action plan, to
929	identify audit findings and recommendations that affect state
930	financial assistance that are not specific to a particular state
931	awarding agency.
932	(b)  For any findings and recommendations identified
933	pursuant to paragraph (a):
934	1.  Determine whether timely and appropriate corrective
935	action has been taken.
936	2.  Promptly inform the state awarding agency, as provided
937	in paragraph (5)(f), of actions taken by the recipient to comply
938	with the approved corrective action plan.
939	(c)  Maintain records of followup actions taken for the use
940	of any succeeding coordinating agency.
941	(7)(6)  As a condition of receiving state financial
942	assistance, each nonstate entity recipient that provides state
943	financial assistance to a subrecipient shall:
944	(a)  Provide to each a subrecipient information needed by
945	the subrecipient to comply with the requirements of this
946	section, including:
947	1.  Identification of the state awarding agency.
948	2.  The audit and accountability requirements for state
949	projects as stated in this section and applicable rules of the
950	Executive Office of the Governor, rules of the Department of
951	Financial Services Chief Financial Officer, and rules of the
952	Auditor General.
953	3.  Information from the Catalog of State Financial
954	Assistance, including the standard state project number
955	identifier; official title; legal authorization; and description
956	of the state project, including objectives, restrictions, and
957	other relevant information.
958	4.  Information from the State Projects Compliance
959	Supplement including the significant compliance requirements,
960	eligibility requirements, matching requirements, and suggested
961	audit procedures, and other relevant information determined
962	necessary.
963	(b)  Review the financial reporting package of the
964	subrecipient audit reports, including the management letter and
965	corrective action plan letters, to the extent necessary to
966	determine whether timely and appropriate corrective action has
967	been taken with respect to audit findings and recommendations
968	pertaining to state financial assistance provided by a the state
969	awarding agency or nonstate entity.
970	(c)  Perform any such other procedures as specified in
971	terms and conditions of the written agreement with the state
972	awarding agency or nonstate entity, including any required
973	monitoring of the subrecipient's use of state financial
974	assistance through onsite visits, limited scope audits, or other
975	specified procedures.
976	(d)  Require subrecipients, as a condition of receiving
977	state financial assistance, to permit the independent auditor of
978	the nonstate entity recipient, the state awarding agency, the
979	Department of Financial Services Chief Financial Officer, and
980	the Auditor General access to the subrecipient's records and the
981	subrecipient's independent auditor's working papers as necessary
982	to comply with the requirements of this section.
983	(8)(7)  Each recipient or subrecipient of state financial
984	assistance shall comply with the following:
985	(a)  Each nonstate entity that receives state financial
986	assistance and meets the audit threshold requirements, in any
987	fiscal year of the nonstate entity, as stated in the rules of
988	the Auditor General, shall have a state single audit conducted
989	for such fiscal year in accordance with the requirements of this
990	act and with additional requirements established in rules of the
991	Executive Office of the Governor, rules of the Department of
992	Financial Services Chief Financial Officer, and rules of the
993	Auditor General. If only one state project is involved in a
994	nonstate entity's fiscal year, the nonstate entity may elect to
995	have only a state project-specific audit of the state project
996	for that fiscal year.
997	(b)  Each nonstate entity that receives state financial
998	assistance and does not meet the audit threshold requirements,
999	in any fiscal year of the nonstate entity, as stated in this law
1000	or the rules of the Auditor General is exempt for such fiscal
1001	year from the state single audit requirements of this section.
1002	However, such nonstate entity must meet terms and conditions
1003	specified in the written agreement with the state awarding
1004	agency or nonstate entity.
1005	(c)  If a nonstate entity has extremely limited or no
1006	required activities related to the administration of a state
1007	project, and only acts as a conduit of state financial
1008	assistance, none of the requirements of this section apply to
1009	the conduit nonstate entity. However, the nonstate entity that
1010	is provided state financial assistance by the conduit nonstate
1011	entity is subject to the requirements of this section.
1012	(d)(c)  Regardless of the amount of the state financial
1013	assistance, the provisions of this section does do not exempt a
1014	nonstate entity from compliance with provisions of law relating
1015	to maintaining records concerning state financial assistance to
1016	such nonstate entity or allowing access and examination of those
1017	records by the state awarding agency, the nonstate entity, the
1018	Department of Financial Services Chief Financial Officer, or the
1019	Auditor General.
1020	(e)(d)  Audits conducted pursuant to this section shall be
1021	performed annually.
1022	(f)(e)  Audits conducted pursuant to this section shall be
1023	conducted by independent auditors in accordance with auditing
1024	standards as stated in rules of the Auditor General.
1025	(g)(f)  Upon completion of the audit as required by this
1026	section, a copy of the recipient's financial reporting package
1027	shall be filed with the state awarding agency and the Auditor
1028	General. Upon completion of the audit as required by this
1029	section, a copy of the subrecipient's financial reporting
1030	package shall be filed with the nonstate entity recipient that
1031	provided the state financial assistance and the Auditor General.
1032	The financial reporting package shall be filed in accordance
1033	with the rules of the Auditor General.
1034	(h)(g)  All financial reporting packages prepared pursuant
1035	to the requirements of this section shall be available for
1036	public inspection.
1037	(i)(h)  If an audit conducted pursuant to this section
1038	discloses any significant audit findings relating to state
1039	financial assistance, including material noncompliance with
1040	individual state project compliance requirements or reportable
1041	conditions in internal controls of the nonstate entity, the
1042	nonstate entity shall submit as part of the financial reporting
1043	audit package to the state awarding agency or nonstate entity a
1044	plan for corrective action to eliminate such audit findings or a
1045	statement describing the reasons that corrective action is not
1046	necessary.
1047	(j)(i)  An audit conducted in accordance with this section
1048	is in addition to any audit of federal awards required by the
1049	federal Single Audit Act and other federal laws and regulations.
1050	To the extent that such federally required audits provide the
1051	state awarding agency or nonstate entity with information it
1052	requires to carry out its responsibilities under state law or
1053	other guidance, the a state awarding agency or nonstate entity
1054	shall rely upon and use that information.
1055	(k)(j)  Unless prohibited by law, the costs cost of audits
1056	pursuant to this section are is allowable charges to state
1057	projects. However, any charges to state projects should be
1058	limited to those incremental costs incurred as a result of the
1059	audit requirements of this section in relation to other audit
1060	requirements. The nonstate entity should allocate such
1061	incremental costs to all state projects for which it expended
1062	state financial assistance.
1063	(l)(k)  Audit costs may not be charged to state projects
1064	when audits required by this section have not been made or have
1065	been made but not in accordance with this section. If a nonstate
1066	entity fails to have an audit conducted consistent with this
1067	section, a state awarding agency or nonstate entity agencies may
1068	take appropriate corrective action to enforce compliance.
1069	(m)(l)  This section does not prohibit the state awarding
1070	agency or nonstate entity from including terms and conditions in
1071	the written agreement which require additional assurances that
1072	state financial assistance meets the applicable requirements of
1073	laws, regulations, and other compliance rules.
1074	(n)(m)  A state awarding agency or nonstate entity that
1075	provides state financial assistance to nonstate entities and
1076	conducts or arranges for audits of state financial assistance
1077	that are in addition to the audits conducted under this act,
1078	including audits of nonstate entities that do not meet the audit
1079	threshold requirements, shall, consistent with other applicable
1080	law, arrange for funding the full cost of such additional
1081	audits.
1082	(9)(8)  The independent auditor when conducting a state
1083	single audit of a nonstate entity recipients or subrecipients
1084	shall:
1085	(a)  Determine whether the nonstate entity's financial
1086	statements are presented fairly in all material respects in
1087	conformity with generally accepted accounting principles.
1088	(b)  Determine whether state financial assistance shown on
1089	the Schedule of Expenditures of State Financial Assistance is
1090	presented fairly in all material respects in relation to the
1091	nonstate entity's financial statements taken as a whole.
1092	(c)  With respect to internal controls pertaining to each
1093	major state project:
1094	1.  Obtain an understanding of internal controls.;
1095	2.  Assess control risk.;
1096	3.  Perform tests of controls unless the controls are
1097	deemed to be ineffective.; and
1098	4.  Determine whether the nonstate entity has internal
1099	controls in place to provide reasonable assurance of compliance
1100	with the provisions of laws and rules pertaining to state
1101	financial assistance that have a material effect on each major
1102	state project.
1103	(d)  Determine whether each major state project complied
1104	with the provisions of laws, rules, and guidelines as identified
1105	in the State Projects Compliance Supplement, or otherwise
1106	identified by the state awarding agency, which have a material
1107	effect on each major state project. When major state projects
1108	are less than 50 percent of the nonstate entity's total
1109	expenditures for all state financial assistance, the auditor
1110	shall select and test additional state projects as major state
1111	projects as necessary to achieve audit coverage of at least 50
1112	percent of the expenditures for all state financial assistance
1113	provided to the nonstate entity. Additional state projects
1114	needed to meet the 50-percent requirement may be selected on an
1115	inherent risk basis as stated in the rules of the Department of
1116	Financial Services Executive Office of the Governor.
1117	(e)  Report on the results of any audit conducted pursuant
1118	to this section in accordance with the rules of the Executive
1119	Office of the Governor, rules of the Department of Financial
1120	Services Chief Financial Officer, and rules of the Auditor
1121	General. Financial reporting packages shall Audit reports shall
1122	include summaries of the auditor's results regarding the
1123	nonstate entity's financial statements; Schedule of Expenditures
1124	of State Financial Assistance; internal controls; and compliance
1125	with laws, rules, and guidelines.
1126	(f)  Issue a management letter as prescribed in the rules
1127	of the Auditor General.
1128	(g)  Upon notification by the nonstate entity, make
1129	available the working papers relating to the audit conducted
1130	pursuant to the requirements of this section to the state
1131	awarding agency, the Department of Financial Services Chief
1132	Financial Officer, or the Auditor General for review or copying.
1133	(10)(9)  The independent auditor, when conducting a state
1134	project-specific audit of a nonstate entity recipients or
1135	subrecipients, shall:
1136	(a)  Determine whether the nonstate entity's schedule of
1137	Expenditure of State Financial Assistance is presented fairly in
1138	all material respects in conformity with stated accounting
1139	policies.
1140	(b)  Obtain an understanding of internal controls control
1141	and perform tests of internal controls control over the state
1142	project consistent with the requirements of a major state
1143	project.
1144	(c)  Determine whether or not the auditee has complied with
1145	applicable provisions of laws, rules, and guidelines as
1146	identified in the State Projects Compliance Supplement, or
1147	otherwise identified by the state awarding agency, which could
1148	have a direct and material effect on the state project.
1149	(d)  Report on the results of the a state project-specific
1150	audit consistent with the requirements of the state single audit
1151	and issue a management letter as prescribed in the rules of the
1152	Auditor General.
1153	(e)  Upon notification by the nonstate entity, make
1154	available the working papers relating to the audit conducted
1155	pursuant to the requirements of this section to the state
1156	awarding agency, the Department of Financial Services Chief
1157	Financial Officer, or the Auditor General for review or copying.
1158	(11)(10)  The Auditor General shall:
1159	(a)  Have the authority to audit state financial assistance
1160	provided to any nonstate entity when determined necessary by the
1161	Auditor General or when directed by the Legislative Auditing
1162	Committee.
1163	(b)  Adopt rules that state the auditing standards that
1164	independent auditors are to follow for audits of nonstate
1165	entities required by this section.
1166	(c)  Adopt rules that describe the contents and the filing
1167	deadlines for the financial reporting package.
1168	(d)  Provide technical advice upon request of the
1169	Department of Financial Services Chief Financial Officer,
1170	Executive Office of the Governor, and state awarding agencies
1171	relating to financial reporting and audit responsibilities
1172	contained in this section.
1173	(e)  Be provided one copy of each financial reporting
1174	package prepared in accordance with the requirements of this
1175	section.
1176	(f)  Perform ongoing reviews of a sample of financial
1177	reporting packages filed pursuant to the requirements of this
1178	section to determine compliance with the reporting requirements
1179	of this section and applicable rules of the Executive Office of
1180	the Governor, rules of the Department of Financial Services
1181	Chief Financial Officer, and rules of the Auditor General.
1182	Section 12.  Paragraphs (a), (b), (gg), (hh), and (jj) of
1183	subsection (1) of section 216.011, Florida Statutes, are
1184	amended, paragraphs (rr) and (ss) are added to said subsection,
1185	and paragraph (c) is added to subsection (3) of said section, to
1186	read:
1187	216.011  Definitions.--
1188	(1)  For the purpose of fiscal affairs of the state,
1189	appropriations acts, legislative budgets, and approved budgets,
1190	each of the following terms has the meaning indicated:
1191	(a)  "Annual salary rate" means the monetary compensation
1192	authorized to be paid a position on an annualized basis. The
1193	term does not include moneys authorized for benefits associated
1194	with the position. In calculating salary rate, a vacant position
1195	shall be calculated at the minimum of the pay grade for that
1196	position.
1197	(b)  "Appropriation" means a legal authorization to make
1198	expenditures for specific purposes within the amounts authorized
1199	by law in the appropriations act.
1200	(gg)  "Mandatory reserve" means the reduction of an
1201	appropriation by the Governor or the Legislative Budget
1202	Commission due to an anticipated deficit in a fund, pursuant to
1203	s. 216.221. Action may not be taken to restore a mandatory
1204	reserve either directly or indirectly. "Performance-based
1205	program appropriation" means the appropriation category used to
1206	fund a specific set of activities or classification of
1207	expenditure within an approved performance-based program.
1208	(hh)  "Budget reserve" means the withholding, as authorized
1209	by the Legislature, of an appropriation, or portion thereof. The
1210	need for a budget reserve may exist until certain conditions set
1211	by the Legislature are met by the affected agency, or such need
1212	may exist due to financial or program changes that have occurred
1213	since, and were unforeseen at the time of, passage of the
1214	General Appropriations Act. "Performance-based program budget"
1215	means a budget that incorporates approved programs and
1216	performance measures.
1217	(jj)  "Program" means a set of services and activities
1218	undertaken in accordance with a plan of action organized to
1219	realize identifiable goals and objectives based on legislative
1220	authorization.
1221	(rr)  "Activity" means a unit of work that has identifiable
1222	starting and ending points, consumes resources, and produces
1223	outputs.
1224	(ss)  "Qualified expenditure category" means the
1225	appropriations category used to fund specific activities and
1226	projects which must be transferred to one or more appropriation
1227	categories for expenditure upon recommendation by the Governor
1228	or Chief Justice, as appropriate, and subject to approval by the
1229	Legislative Budget Commission.
1230	(3)  For purposes of this chapter, the term:
1231	(c)  "Statutorily authorized entity" means any entity
1232	primarily acting as an instrumentality of the state, any
1233	regulatory or governing body, or any other governmental or
1234	quasi-governmental organization that receives, disburses,
1235	expends, administers, awards, recommends expenditure of,
1236	handles, manages, or has custody or control of funds
1237	appropriated by the Legislature and:
1238	1.  Is created, organized, or specifically authorized to be
1239	created or established by general law; or
1240	2.  Assists a department, as defined in s. 20.03(2), or
1241	other unit of state government in providing programs or services
1242	on a statewide basis with a statewide service area or
1243	population.
1244	Section 13.  Effective July 1, 2006, paragraph (n) of
1245	subsection (1) of section 216.011, Florida Statutes, is amended
1246	to read:
1247	216.011  Definitions.--
1248	(1)  For the purpose of fiscal affairs of the state,
1249	appropriations acts, legislative budgets, and approved budgets,
1250	each of the following terms has the meaning indicated:
1251	(n)  "Expense" means the appropriation category used to
1252	fund the usual, ordinary, and incidental expenditures by an
1253	agency or the judicial branch, including such items as
1254	contractual services, commodities, and supplies of a consumable
1255	nature, current obligations, and fixed charges, and excluding
1256	expenditures classified as operating capital outlay. Payments to
1257	other funds or local, state, or federal agencies may be included
1258	in this category.
1259	Section 14.  Section 216.013, Florida Statutes, is amended
1260	to read:
1261	216.013  Long-range program plan.--
1262	(1)  State agencies and the judicial branch shall develop
1263	long-range program plans to achieve state goals using an
1264	interagency planning process that includes the development of
1265	integrated agency program service outcomes. The plans shall be
1266	policy based, priority driven, accountable, and developed
1267	through careful examination and justification of all agency and
1268	judicial branch programs. The plan shall cover a period of 5
1269	fiscal years and shall become effective July 1 each year.
1270	(1)  Long-range program plans shall provide the framework
1271	for the development of agency budget requests and shall identify
1272	or update:
1273	(a)  The mission of the agency or judicial branch.
1274	(b)  The goals established to accomplish the mission.
1275	(c)  The objectives developed to achieve state goals.
1276	(d)  The trends and conditions relevant to the mission,
1277	goals, and objectives.
1278	(e)(a)  Identify agency programs and address how agency The
1279	agency or judicial branch programs that will be used to
1280	implement state policy and achieve state goals and program
1281	component objectives.;
1282	(f)  The program outcomes and standards to measure progress
1283	toward program objectives.
1284	(b)  Identify and describe agency functions and how they
1285	will be used to achieve designated outcomes;
1286	(c)  Identify demand, output, total costs, and unit costs
1287	for each function;
1288	(g)(d)  Provide Information regarding performance
1289	measurement, which includes, but is not limited to, how data is
1290	collected, the methodology used to measure a performance
1291	indicator, the validity and reliability of a measure, the
1292	appropriateness of a measure, and whether, in the case of
1293	agencies, the agency inspector general has assessed the
1294	reliability and validity of agency performance measures,
1295	pursuant to s. 20.055(2).;
1296	(e)  Identify and justify facility and fixed capital outlay
1297	projects and their associated costs; and
1298	(f)  Identify and justify information technology
1299	infrastructure and applications and their associated costs for
1300	information technology projects or initiatives.
1301	(2)  All agency functions and their costs shall be
1302	carefully evaluated and justified by the agency. The
1303	justification must clearly demonstrate the needs of agency
1304	customers and clients and why the agency is proposing functions
1305	and their associated costs to address the needs based on state
1306	priorities, the agency mission, and legislative authorization.
1307	Further, the justification must show how agency functions are
1308	integrated and contribute to the overall achievement of state
1309	goals. Facilities, fixed capital outlay and information
1310	technology infrastructure, and applications shall be evaluated
1311	pursuant to ss. 216.0158, 216.043, and 216.0446, respectively.
1312	(2)  Each long-range program plan shall cover a period of 5
1313	fiscal years, be revised annually, and remain in effect until
1314	replaced or revised.
1315	(3)  Long-range program plans or revisions shall be
1316	presented by state agencies and the judicial branch in a form,
1317	manner, and timeframe prescribed in written instructions
1318	prepared by submitted to the Executive Office of the Governor in
1319	consultation with by August 1 of each year in a form and manner
1320	prescribed by the Executive Office of the Governor and the
1321	chairs of the legislative appropriations committees. Such long-
1322	range program plans for the Judicial Branch shall be submitted
1323	by the Chief Justice of the Supreme Court to the President of
1324	the Senate and the Speaker of the House of Representatives, and
1325	a copy shall be provided to the Executive Office of the
1326	Governor.
1327	(4)  The Executive Office of the Governor shall review the
1328	long-range program plans for executive agencies to ensure that
1329	they are consistent with the state's goals and objectives and
1330	other requirements as specified in the written instructions and
1331	that they provide the framework and context for the agency's
1332	budget request.
1333	(5)  Executive agencies shall incorporate all revisions
1334	required by the Governor within 14 working days.
1335	(6)  Any differences between executive agencies regarding
1336	the programs, policies, or long-range program plans of such
1337	agencies shall be mediated by the Executive Office of the
1338	Governor.
1339	(4)(7)  Each state executive agency and the judicial branch
1340	shall post their long-range program plan on their Internet
1341	website transmit copies of its long-range program plan and all
1342	written comments on its plan to the President of the Senate and
1343	the Speaker of the House of Representatives not later than
1344	September 30th of each year, and provide written notice to the
1345	Governor and the Legislature that the plans have been posted 60
1346	days prior to the next regular session of the Legislature.
1347	(8)  Long-range program plans developed pursuant to this
1348	chapter are not rules and therefore are not subject to the
1349	provisions of chapter 120.
1350	(5)(9)  Following the adoption of the annual General
1351	Appropriations Act, the state agencies and the judicial branch
1352	shall make appropriate adjustments to their long-range program
1353	plans to be consistent with the appropriations and performance
1354	measures in the General Appropriations Act and legislation
1355	implementing the General Appropriations Act. Agencies and the
1356	judicial branch have until June 30 15 to make adjustments to
1357	their plans as posted on their Internet websites and submit the
1358	adjusted plans to the Executive Office of the Governor for
1359	review.
1360	(6)  Long-range program plans developed pursuant to this
1361	chapter are not rules and therefore are not subject to the
1362	provisions of chapter 120.
1363	Section 15.  Section 216.023, Florida Statutes, is amended
1364	to read:
1365	216.023  Legislative budget requests to be furnished to
1366	Legislature by agencies.--
1367	(1)  The head of each state agency, except as provided in
1368	subsection (2), shall submit a final legislative budget request
1369	to the Legislature and to the Governor, as chief budget officer
1370	of the state, in the form and manner prescribed in the budget
1371	instructions and at such time as specified by the Executive
1372	Office of the Governor, based on the agency's independent
1373	judgment of its needs. However, a no state agency may not shall
1374	submit its complete legislative budget request, including all
1375	supporting forms and schedules required by this chapter, later
1376	than October September 15 of each year unless an alternative
1377	date is agreed to be in the best interest of the state by the
1378	Governor and the chairs of the legislative appropriations
1379	committees.
1380	(2)  The judicial branch and the Division of Administrative
1381	Hearings shall submit their complete legislative budget requests
1382	directly to the Legislature with a copy to the Governor, as
1383	chief budget officer of the state, in the form and manner as
1384	prescribed in the budget instructions. However, the complete
1385	legislative budget requests, including all supporting forms and
1386	schedules required by this chapter, shall be submitted no later
1387	than October September 15 of each year unless an alternative
1388	date is agreed to be in the best interest of the state by the
1389	Governor and the chairs of the legislative appropriations
1390	committees.
1391	(3)  The Executive Office of the Governor and the
1392	appropriations committees of the Legislature shall jointly
1393	develop legislative budget instructions for preparing the
1394	exhibits and schedules that make up the agency budget from which
1395	each agency and the judicial branch shall prepare their budget
1396	request. The budget instructions shall be consistent with s.
1397	216.141 and shall be transmitted to each agency and to the
1398	judicial branch no later than July June 15 of each year unless
1399	an alternative date is agreed to be in the best interest of the
1400	state by the Governor and the chairs of the legislative
1401	appropriations committees. In the event that agreement cannot be
1402	reached between the Executive Office of the Governor and the
1403	appropriations committees of the Legislature regarding
1404	legislative budget instructions, the issue shall be resolved by
1405	the Governor, the President of the Senate, and the Speaker of
1406	the House of Representatives.
1407	(4)(a)  The legislative budget request must contain for
1408	each program:
1409	1.  The constitutional or statutory authority for a
1410	program, a brief purpose statement, and approved program
1411	components.
1412	2.  Information on expenditures for 3 fiscal years (actual
1413	prior-year expenditures, current-year estimated expenditures,
1414	and agency budget requested expenditures for the next fiscal
1415	year) by appropriation category.
1416	3.  Details on trust funds and fees.
1417	4.  The total number of positions (authorized, fixed, and
1418	requested).
1419	5.  An issue narrative describing and justifying changes in
1420	amounts and positions requested for current and proposed
1421	programs for the next fiscal year.
1422	6.  Information resource requests.
1423	7.  Legislatively approved output and outcome performance
1424	measures and any proposed revisions to measures.
1425	8.  Proposed performance standards for each performance
1426	measure and justification for the standards and the sources of
1427	data to be used for measurement.
1428	9.  Prior-year performance data on approved performance
1429	measures and an explanation of deviation from expected
1430	performance. Performance data must be assessed for reliability
1431	in accordance with s. 20.055.
1432	10.  Proposed performance incentives and disincentives.
1433	11.  Supporting information, including applicable cost-
1434	benefit analyses, business case analyses, performance
1435	contracting procedures, service comparisons, and impacts on
1436	performance standards for any request to outsource or privatize
1437	agency functions.
1438	12.  An evaluation of any major outsourcing and
1439	privatization initiatives undertaken during the last 5 fiscal
1440	years having aggregate expenditures exceeding $10 million during
1441	the term of the contract. The evaluation shall include an
1442	assessment of contractor performance, a comparison of
1443	anticipated service levels to actual service levels, and a
1444	comparison of estimated savings to actual savings achieved.
1445	Consolidated reports issued by the Department of Management
1446	Services may be used to satisfy this requirement.
1447	(b)  It is the intent of the Legislature that total
1448	accountability measures, including unit-cost data, serve not
1449	only as a budgeting tool but also as a policymaking tool and an
1450	accountability tool. Therefore, each state agency and the
1451	judicial branch must submit a one-page summary of information
1452	for the preceding year in accordance with the legislative budget
1453	instructions. Each one-page summary must contain:
1454	1.  The final budget for the agency and the judicial
1455	branch.
1456	2.  Total funds from the General Appropriations Act.
1457	3.  Adjustments to the General Appropriations Act.
1458	4.  The line-item listings of all activities.
1459	5.  The number of activity units performed or accomplished.
1460	6.  Total expenditures for each activity, including amounts
1461	paid to contractors and subordinate entities. Expenditures
1462	related to administrative activities not aligned with output
1463	measures must consistently be allocated to activities with
1464	output measures prior to computing unit costs.
1465	7.  The cost per unit for each activity, including the
1466	costs allocated to contractors and subordinate entities.
1467	8.  The total amount of reversions and pass-through
1468	expenditures omitted from unit-cost calculations.
1469
1470	At the regular session immediately following the submission of
1471	the agency unit cost summary, the Legislature shall reduce in
1472	the General Appropriations Act for the ensuing fiscal year, by
1473	an amount equal to at least 10 percent of the allocation for the
1474	fiscal year preceding the current fiscal year, the funding of
1475	each state agency that fails to submit the report required under
1476	this paragraph.
1477	(5)  At the time specified in the legislative budget
1478	instructions and in sufficient time to be included in the
1479	Governor's recommended budget, the judicial branch is required
1480	to submit a performance-based program budget request. The Chief
1481	Justice of the Supreme Court shall identify and, after
1482	consultation with the Office of Program Policy Analysis and
1483	Government Accountability, submit to the President of the Senate
1484	and the Speaker of the House of Representatives a list of
1485	proposed programs and associated performance measures. The
1486	judicial branch shall provide documentation to accompany the
1487	list of proposed programs and performance measures as provided
1488	under subsection (4). The judicial branch shall submit a
1489	performance-based program agency budget request using the
1490	programs and performance measures adopted by the Legislature.
1491	The Chief Justice may propose revisions to approved programs or
1492	performance measures for the judicial branch. The Legislature
1493	shall have final approval of all programs and associated
1494	performance measures and standards for the judicial branch
1495	through the General Appropriations Act or legislation
1496	implementing the General Appropriations Act. By September 15,
1497	2001, the Chief Justice of the Supreme Court shall submit to the
1498	President of the Senate and the Speaker of the House of
1499	Representatives a performance-based program budget request for
1500	programs of the judicial branch approved by the Legislature and
1501	provide a copy to the Executive Office of the Governor.
1502	(5)(6)  Agencies must maintain a comprehensive performance
1503	accountability system and provide a list of performance measures
1504	maintained by the agency which are in addition to the measures
1505	approved by the Legislature.
1506	(6)(7)  Annually, by June 30, executive agencies shall
1507	submit to the Executive Office of the Governor adjustments to
1508	their performance standards based on the amounts appropriated
1509	for each program by the Legislature. When such an adjustment is
1510	made, all performance standards, including any adjustments made,
1511	shall be reviewed and revised as necessary by the Executive
1512	Office of the Governor and, upon approval, submitted to the
1513	Legislature pursuant to the review and approval process provided
1514	in s. 216.177. The Senate and the House of Representatives
1515	appropriations committees Senate Committee on Fiscal Policy and
1516	the House of Representatives Fiscal Responsibility Council shall
1517	advise Senate substantive committees and House of
1518	Representatives substantive committees, respectively, of all
1519	adjustments made to performance standards or measures. The
1520	Executive Office of the Governor shall maintain both the
1521	official record of adjustments to the performance standards as
1522	part of the agency's approved operating budget and the official
1523	performance ledger. As used in this section, the term "official
1524	record" "performance ledger" means the official compilation of
1525	information about state agency performance-based programs and
1526	measures, including approved programs, approved outputs and
1527	outcomes, baseline data, approved standards for each performance
1528	measure and any approved adjustments thereto, as well as actual
1529	agency performance for each measure.
1530	(7)(8)  As a part of the legislative budget request, the
1531	head of each state agency and the Chief Justice of the Supreme
1532	Court for the judicial branch shall include an inventory of all
1533	litigation in which the agency is involved that may require
1534	additional appropriations to the agency, that may significantly
1535	affect revenues received or anticipated to be received by the
1536	state, or that may require or amendments to the law under which
1537	the agency operates. No later than March 1 following the
1538	submission of the legislative budget request, the head of the
1539	state agency and the Chief Justice of the Supreme Court shall
1540	provide an update of any additions or changes to the inventory.
1541	Such inventory shall include information specified annually in
1542	the legislative budget instructions and, within the discretion
1543	of the head of the state agency or the Chief Justice of the
1544	Supreme Court, may contain only information found in the
1545	pleadings.
1546	(8)(9)  Annually, by June 30, the judicial branch shall
1547	make adjustments to any performance standards for approved
1548	programs based on the amount appropriated for each program,
1549	which shall be submitted to the Legislature pursuant to the
1550	notice and review process provided in s. 216.177. The Senate and
1551	the House of Representatives appropriations committees Senate
1552	Committee on Fiscal Policy and the House Fiscal Responsibility
1553	Council shall advise Senate substantive committees and House
1554	substantive committees, respectively, of all adjustments made to
1555	performance standards or measures.
1556	(9)(10)  The Executive Office of the Governor shall review
1557	the legislative budget request for technical compliance with the
1558	budget format provided for in the budget instructions. The
1559	Executive Office of the Governor shall notify the agency or the
1560	judicial branch of any adjustment required. The agency or
1561	judicial branch shall make the appropriate corrections as
1562	requested. If the appropriate technical corrections are not made
1563	as requested, the Executive Office of the Governor shall adjust
1564	the budget request to incorporate the appropriate technical
1565	corrections in the format of the request.
1566	(10)(11)  At any time after the Governor submits his or her
1567	and the Chief Justice submit their recommended budget budgets to
1568	the Legislature, the head of the agency or judicial branch may
1569	amend his or her request by transmitting to the Governor and the
1570	Legislature an amended request in the form and manner prescribed
1571	in the legislative budget instructions.
1572	(11)(12)  The legislative budget request from each agency
1573	and from the judicial branch shall be reviewed by the
1574	Legislature. The review may allow for the opportunity to have
1575	information or testimony by the agency, the judicial branch, the
1576	Auditor General, the Office of Program Policy Analysis and
1577	Government Accountability, the Governor's Office of Planning and
1578	Budgeting, and the public regarding the proper level of funding
1579	for the agency in order to carry out its mission.
1580	(12)(13)  In order to ensure an integrated state planning
1581	and budgeting process, the agency long-range plan should be
1582	reviewed by the Legislature.
1583	Section 16.  Section 216.031, Florida Statutes, is amended
1584	to read:
1585	216.031  Target budget request.--Either chair of a
1586	legislative appropriations committee, or the Executive Office of
1587	the Governor for state agencies, may require the agency or the
1588	Chief Justice to address major issues separate from those
1589	outlined in s. 216.023, this section, and s. 216.043 for
1590	inclusion in the requests of the agency or of the judicial
1591	branch. The issues shall be submitted to the agency no later
1592	than July 30 of each year and shall be displayed in its requests
1593	as provided in the budget instructions. The Executive Office of
1594	the Governor may request an agency, or the chair of an the
1595	appropriations committee committees of the Senate or the House
1596	of Representatives may request any agency or the judicial
1597	branch, to submit no later than September 30 of each year a
1598	budget plan with respect to targets established by the Governor
1599	or either chair. The target budget shall require each entity to
1600	establish an order of priorities for its budget issues and may
1601	include requests for multiple options for the budget issues. The
1602	target budget may also require each entity to submit a program
1603	budget or a performance-based budget in the format prescribed by
1604	the Executive Office of the Governor or either chair; provided,
1605	however, The target budget format shall be compatible with the
1606	planning and budgeting system requirements set out in s.
1607	216.141. Such a request shall not influence the agencies' or
1608	judicial branch's independent judgment in making legislative
1609	budget requests, as required by law.
1610	Section 17.  Section 216.052, Florida Statutes, is amended
1611	to read:
1612	216.052  Community budget requests; appropriations;
1613	grants.--
1614	(1)  A local, county, or regional governmental entity,
1615	private organization, or nonprofit organization may submit a
1616	request for a state appropriation for a program, service, or
1617	capital outlay initiative that is local or regional in scope, is
1618	intended to meet a documented need, addresses a statewide
1619	interest, is intended to produce measurable results, and has
1620	tangible community support to members of the Legislature, a
1621	state agency, or the Governor.
1622	(2)  Each appropriation to a local government, a private
1623	organization, or a nonprofit organization made pursuant to a
1624	community budget request shall require that the community's
1625	support be tangibly demonstrated by evidence that the program or
1626	service will operate in a financially sound manner. Any
1627	appropriation to a local government, a private organization, or
1628	a nonprofit organization made pursuant to this section should
1629	require local matching funds. The match must be based on the
1630	size and scope of the project and the applicant's ability to
1631	provide the match. In addition, the granting of state funds
1632	shall be used to encourage the establishment of community-based
1633	partnerships between the public sector and the private sector.
1634	(3)  Each community budget request submitted pursuant to
1635	this section must receive a hearing before a body of duly
1636	elected public officials before being submitted for
1637	consideration.
1638	(2)(4)  For requests submitted to members of the
1639	Legislature, community budget requests shall be submitted in the
1640	form and manner prescribed jointly by the President of the
1641	Senate and the Speaker of the House of Representatives. If the
1642	President of the Senate and the Speaker of the House of
1643	Representatives do not agree on a form and manner of submission
1644	to be used by both houses, each may prescribe a form and manner
1645	of submission to be used in his or her house.
1646	(3)(5)  Community budget requests shall be submitted to the
1647	chairs of the legislative appropriations committees in
1648	accordance with the schedule established jointly by the
1649	President of the Senate and the Speaker of the House of
1650	Representatives. If the President of the Senate and the Speaker
1651	of the House of Representatives do not agree on a schedule to be
1652	used by both houses, each may prescribe a schedule to be used in
1653	his or her house.
1654	(4)(6)  The Executive Office of the Governor shall
1655	prescribe the form and manner of submission of requests to state
1656	agencies and to the Governor.
1657	(5)(7)  The retention of interest earned on state funds or
1658	the amount of interest income earned shall be applied against
1659	the state entity's obligation to pay the appropriated amount.
1660	(8)  Whenever possible, a loan must be made in lieu of a
1661	grant to a local government, a private organization, or a
1662	nonprofit organization. It is the intent of the Legislature that
1663	a revolving loan program shall be established so that the loan
1664	amount plus interest is paid back by the recipient to the state.
1665	(9)  Any private or nonprofit organization that is to
1666	receive funds through a community budget request shall, at the
1667	time of application for such funds, provide information
1668	regarding its organization, including a copy of its current
1669	budget, a list of its board of directors, and, if available, a
1670	copy of its most recent annual audit report prepared by an
1671	independent certified public accountant licensed in this state,
1672	including management letters or other documents associated with
1673	the audit report.
1674	Section 18.  Subsection (5) of section 216.053, Florida
1675	Statutes, is amended to read:
1676	216.053  Summary Information in the General Appropriations
1677	Act; construction of such information.--
1678	(5)  For programs operating under performance-based program
1679	budgets, the General Appropriations Act shall contain summary
1680	information that covers specific appropriations and summarizes
1681	programs and performance.
1682	Section 19.  Section 216.065, Florida Statutes, is amended
1683	to read:
1684	216.065  Fiscal impact statements on actions affecting the
1685	budget.--In addition to the applicable requirements of chapter
1686	120, before the Governor, or Governor and Cabinet as a body,
1687	performing any constitutional or statutory duty, or before any
1688	state agency or statutorily authorized entity takes take any
1689	final action that will affect revenues, directly require a
1690	request for an increased or new appropriation in the following
1691	fiscal year, or that will transfer current year funds, it they
1692	shall first provide the legislative appropriations committees
1693	with a fiscal impact statement that details the effects of such
1694	action on the budget. The fiscal impact statement must specify
1695	the estimated budget and revenue impacts for the current year
1696	and the 2 subsequent fiscal years at the same level of detail
1697	required to support a legislative budget request, including
1698	amounts by appropriation category and fund.
1699	Section 20.  Subsection (3) is added to section 216.081,
1700	Florida Statutes, to read:
1701	216.081  Data on legislative and judicial branch
1702	expenses.--
1703	(3)  If the Governor does not receive timely estimates of
1704	the financial needs of the legislative branch, the Governor's
1705	recommended budget shall include the amounts appropriated and
1706	budget entity structure established in the most recent General
1707	Appropriations Act.
1708	Section 21.  Subsection (1) of section 216.133, Florida
1709	Statutes, is amended to read:
1710	216.133  Definitions; ss. 216.133-216.137.--As used in ss.
1711	216.133-216.137:
1712	(1)  "Consensus estimating conference" includes the
1713	Economic Estimating Conference, the Demographic Estimating
1714	Conference, the Revenue Estimating Conference, the Education
1715	Estimating Conference, the Criminal Justice Estimating
1716	Conference, the Juvenile Justice Estimating Conference, the
1717	Child Welfare System Estimating Conference, the Occupational
1718	Forecasting Conference, the Early Learning Programs Estimating
1719	Conference, the Self-Insurance Estimating Conference, the
1720	Florida Retirement System Actuarial Assumption Conference, and
1721	the Social Services Estimating Conference.
1722	Section 22.  Subsections (4) and (5) of section 216.134,
1723	Florida Statutes, are amended to read:
1724	216.134  Consensus estimating conferences; general
1725	provisions.--
1726	(4)  Consensus estimating conferences are within the
1727	legislative branch. The membership of each consensus estimating
1728	conference consists of principals and participants.
1729	(a)  A person designated by law as a principal may preside
1730	over conference sessions, convene conference sessions, request
1731	information, specify topics to be included on the conference
1732	agenda, agree or withhold agreement on whether information is to
1733	be official information of the conference, release official
1734	information of the conference, interpret official information of
1735	the conference, and monitor errors in official information of
1736	the conference.
1737	(b)  A participant is any person who is invited to
1738	participate in the consensus estimating conference by a
1739	principal. A participant shall, at the request of any principal
1740	before or during any session of the conference, develop
1741	alternative forecasts, collect and supply data, perform
1742	analyses, or provide other information needed by the conference.
1743	The conference shall consider information provided by
1744	participants in developing its official information.
1745	(5)  All sessions and meetings of a consensus estimating
1746	conference shall be open to the public as provided in chapter
1747	286. The President of the Senate and the Speaker of the House of
1748	Representatives, jointly, shall be the sole judge for the
1749	interpretation, implementation, and enforcement of this
1750	subsection.
1751	Section 23.  Subsections (7) through (12) of section
1752	216.136, Florida Statutes, are amended to read:
1753	216.136  Consensus Estimating Conferences; duties and
1754	principals.--
1755	(7)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
1756	(a)  Duties.--The Child Welfare System Estimating
1757	Conference shall develop such official information relating to
1758	the child welfare system of the state, including forecasts of
1759	child welfare caseloads, as the conference determines is needed
1760	for the state planning and budgeting system. Such official
1761	information may include, but is not limited to:
1762	1.  Estimates and projections of the number of initial and
1763	additional reports of child abuse, abandonment, or neglect made
1764	to the central abuse hotline maintained by the Department of
1765	Children and Family Services as established in s. 39.201(4).
1766	Projections may take into account other factors that may
1767	influence the number of future reports to the abuse hotline.
1768	2.  Estimates and projections of the number of children who
1769	are alleged to be victims of child abuse, abandonment, or
1770	neglect and are in need of emergency shelter, foster care,
1771	residential group care, adoptive services, or other appropriate
1772	care.
1773
1774	In addition, the conference shall develop other official
1775	information relating to the child welfare system of the state
1776	which the conference determines is needed for the state planning
1777	and budgeting system. The Department of Children and Family
1778	Services shall provide information on the child welfare system
1779	requested by the Child Welfare System Estimating Conference, or
1780	individual conference principals, in a timely manner.
1781	(b)  Principals.--The Executive Office of the Governor, the
1782	coordinator of the Office of Economic and Demographic Research,
1783	and professional staff who have forecasting expertise from the
1784	Department of Children and Family Services, the Senate, and the
1785	House of Representatives, or their designees, are the principals
1786	of the Child Welfare System Estimating Conference. The principal
1787	representing the Executive Office of the Governor shall preside
1788	over sessions of the conference.
1789	(8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--
1790	(a)  Duties.--The Juvenile Justice Estimating Conference
1791	shall develop such official information relating to the juvenile
1792	justice system of the state as is determined by the conference
1793	principals to be needed for the state planning and budgeting
1794	system. This information shall include, but is not limited to:
1795	estimates of juvenile delinquency caseloads and workloads;
1796	estimates for secure, nonsecure, and home juvenile detention
1797	placements; estimates of workloads in the juvenile sections in
1798	the offices of the state attorneys and public defenders;
1799	estimates of mental health and substance abuse treatment
1800	relating to juveniles; and such other information as is
1801	determined by the conference principals to be needed for the
1802	state planning and budgeting system.
1803	(b)  Principals.--The Executive Office of the Governor, the
1804	Office of Economic and Demographic Research, and professional
1805	staff who have forecasting expertise from the Department of
1806	Juvenile Justice, the Department of Children and Family Services
1807	Substance Abuse and Mental Health Program Offices, the
1808	Department of Law Enforcement, the Senate Appropriations
1809	Committee staff, the House of Representatives Appropriations
1810	Committee staff, or their designees, are the principals of the
1811	Juvenile Justice Estimating Conference. The responsibility of
1812	presiding over sessions of the conference shall be rotated among
1813	the principals. To facilitate policy and legislative
1814	recommendations, the conference may call upon the appropriate
1815	legislative staff.
1816	(7)(9)  WORKFORCE ESTIMATING CONFERENCE.--
1817	(a)  Duties.--
1818	1.  The Workforce Estimating Conference shall develop such
1819	official information on the workforce development system
1820	planning process as it relates to the personnel needs of
1821	current, new, and emerging industries as the conference
1822	determines is needed by the state planning and budgeting system.
1823	Such information, using quantitative and qualitative research
1824	methods, must include at least: short-term and long-term
1825	forecasts of employment demand for jobs by occupation and
1826	industry; entry and average wage forecasts among those
1827	occupations; and estimates of the supply of trained and
1828	qualified individuals available or potentially available for
1829	employment in those occupations, with special focus upon those
1830	occupations and industries which require high skills and have
1831	high entry wages and experienced wage levels. In the development
1832	of workforce estimates, the conference shall use, to the fullest
1833	extent possible, local occupational and workforce forecasts and
1834	estimates.
1835	2.  The Workforce Estimating Conference shall review data
1836	concerning the local and regional demands for short-term and
1837	long-term employment in High-Skills/High-Wage Program jobs, as
1838	well as other jobs, which data is generated through surveys
1839	conducted as part of the state's Internet-based job matching and
1840	labor market information system authorized under s. 445.011. The
1841	conference shall consider such data in developing its forecasts
1842	for statewide employment demand, including reviewing the local
1843	and regional data for common trends and conditions among
1844	localities or regions which may warrant inclusion of a
1845	particular occupation on the statewide occupational forecasting
1846	list developed by the conference. Based upon its review of such
1847	survey data, the conference shall also make recommendations
1848	semiannually to Workforce Florida, Inc., on additions or
1849	deletions to lists of locally targeted occupations approved by
1850	Workforce Florida, Inc.
1851	3.  During each legislative session, and at other times if
1852	necessary, the Workforce Estimating Conference shall meet as the
1853	Workforce Impact Conference for the purpose of determining the
1854	effects of legislation related to the state's workforce and
1855	economic development efforts introduced prior to and during such
1856	legislative session. In addition to the designated principals of
1857	the impact conference, nonprincipal participants of the impact
1858	conference shall include a representative of the Florida Chamber
1859	of Commerce and other interested parties. The impact conference
1860	shall use both quantitative and qualitative research methods to
1861	determine the impact of introduced legislation related to
1862	workforce and economic development issues.
1863	4.  Notwithstanding subparagraph 3., the Workforce
1864	Estimating Conference, for the purposes described in
1865	subparagraph 1., shall meet no less than 2 times in a calendar
1866	year. The first meeting shall be held in February and the second
1867	meeting shall be held in August. Other meetings may be scheduled
1868	as needed.
1869	(b)  Principals.--The Commissioner of Education, the
1870	Executive Office of the Governor, the director of the Office of
1871	Tourism, Trade, and Economic Development, the director of the
1872	Agency for Workforce Innovation, the executive director of the
1873	Commission for Independent Education, the Chancellor of the
1874	State University System, the chair of Workforce Florida, Inc.,
1875	the coordinator of the Office of Economic and Demographic
1876	Research, or their designees, and professional staff from the
1877	Senate and the House of Representatives who have forecasting and
1878	substantive expertise, are the principals of the Workforce
1879	Estimating Conference. In addition to the designated principals
1880	of the conference, nonprincipal participants of the conference
1881	shall include a representative of the Florida Chamber of
1882	Commerce and other interested parties. The principal
1883	representing the Executive Office of the Governor shall preside
1884	over the sessions of the conference.
1885	(8)(10)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
1886	(a)  Duties.--
1887	1.  The Early Learning Programs Estimating Conference shall
1888	develop estimates and forecasts of the unduplicated count of
1889	children eligible for school readiness programs in accordance
1890	with the standards of eligibility established in s. 411.01(6),
1891	and of children eligible for the Voluntary Prekindergarten
1892	Education Program in accordance with s. 1002.53(2), as the
1893	conference determines are needed to support the state planning,
1894	budgeting, and appropriations processes.
1895	2.  The Agency for Workforce Innovation shall provide
1896	information on needs and waiting lists for school readiness
1897	programs, and information on the needs for the Voluntary
1898	Prekindergarten Education Program, as requested by the Early
1899	Learning Programs Estimating Conference or individual conference
1900	principals in a timely manner.
1901	(b)  Principals.--The Executive Office of the Governor, the
1902	Director of Economic and Demographic Research, and professional
1903	staff who have forecasting expertise from the Agency for
1904	Workforce Innovation, the Department of Children and Family
1905	Services, the Department of Education, the Senate, and the House
1906	of Representatives, or their designees, are the principals of
1907	the Early Learning Programs Estimating Conference. The principal
1908	representing the Executive Office of the Governor shall preside
1909	over sessions of the conference.
1910	(9)(11)  SELF-INSURANCE ESTIMATING CONFERENCE.--
1911	(a)  Duties.--The Self-Insurance Estimating Conference
1912	shall develop such official information on self-insurance
1913	related issues as the conference determines is needed by the
1914	state planning and budgeting system.
1915	(b)  Principals.--The Executive Office of the Governor, the
1916	coordinator of the Office of Economic and Demographic Research,
1917	and professional staff directors of the committees of the Senate
1918	and the House of Representatives who have forecasting and
1919	substantive experience which have primary responsibility for
1920	legislation dealing with taxation, or their designees, are the
1921	principals of the Self-Insurance Estimating Conference. The
1922	responsibility of presiding over sessions of the conference
1923	shall be rotated among the principals.
1924	(10)(12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
1925	CONFERENCE.--
1926	(a)  Duties.--The Florida Retirement System Actuarial
1927	Assumption Conference shall develop official information with
1928	respect to the economic and noneconomic assumptions and funding
1929	methods of the Florida Retirement System necessary to perform
1930	the system actuarial study undertaken pursuant to s. 121.031(3).
1931	Such information shall include: an analysis of the actuarial
1932	assumptions and actuarial methods used in the study and a
1933	determination of whether changes to the assumptions or methods
1934	need to be made due to experience changes or revised future
1935	forecasts.
1936	(b)  Principals.--The Executive Office of the Governor, the
1937	coordinator of the Office of Economic and Demographic Research,
1938	and professional staff of the Senate and House of
1939	Representatives who have forecasting and substantive expertise,
1940	or their designees, are the principals of the Florida Retirement
1941	System Actuarial Assumption Conference. The Executive Office of
1942	the Governor shall have the responsibility of presiding over the
1943	sessions of the conference. The State Board of Administration
1944	and the Division of Retirement shall be participants in the
1945	conference.
1946	Section 24.  Subsection (1) of section 216.162, Florida
1947	Statutes, is amended to read:
1948	216.162  Governor's recommended budget to be furnished
1949	Legislature; copies to members.--
1950	(1)  At least 30 45 days before the scheduled annual
1951	legislative session, the Governor shall furnish each senator and
1952	representative a copy of his or her recommended balanced budget
1953	for the state, based on the Governor's own conclusions and
1954	judgment; provided, however, that in his or her first year in
1955	office a new Governor may request, subject to approval of the
1956	President of the Senate and the Speaker of the House of
1957	Representatives, that his or her recommended balanced budget be
1958	submitted at a later time prior to the Governor's first regular
1959	legislative session.
1960	Section 25.  Subsection (2) and paragraph (b) of subsection
1961	(4) of section 216.163, Florida Statutes, are amended to read:
1962	216.163  Governor's recommended budget; form and content;
1963	declaration of collective bargaining impasses.--
1964	(2)  The Governor's recommended budget shall also include:
1965	(a)  The Governor's recommendations for operating each
1966	state agency, and those of the Chief Justice of the Supreme
1967	Court for operating the judicial branch, for the next fiscal
1968	year. These recommendations shall be displayed by appropriation
1969	category within each budget entity and shall also include the
1970	legislative budget request of the corresponding agency. In order
1971	to present a balanced budget as required by s. 216.162, the
1972	Governor's recommendations for operating appropriations may
1973	include an alternative recommendation to that of the Chief
1974	Justice.
1975	(b)1.  The Governor's recommendations and those of the
1976	Chief Justice for fixed capital outlay appropriations for the
1977	next fiscal year. These recommendations shall be displayed by
1978	budget entity and shall also include the legislative budget
1979	request of the corresponding agency. In order to present a
1980	balanced budget as required by s. 216.162, the Governor's
1981	recommendations for fixed capital outlay appropriations may
1982	include an alternative recommendation to that of the Chief
1983	Justice.
1984	2.  For each specific fixed capital outlay project or group
1985	of projects or operating capital outlay requests recommended to
1986	be funded from a proposed state debt or obligation, he or she
1987	shall make available pursuant to s. 216.164(1)(a) the documents
1988	set forth in s. 216.0442(2).
1989	(c)  The evaluation of the fixed capital outlay request of
1990	each agency and the judicial branch and alternatives to the
1991	proposed projects as made by the Department of Management
1992	Services pursuant to s. 216.044.
1993	(d)  A summary statement of the amount of appropriations
1994	requested by each state agency and as recommended by the
1995	Governor and by the judicial branch.
1996	(e)  A distinct listing of all nonrecurring appropriations
1997	recommended by the Governor or the Chief Justice.
1998	(f)  The Governor's recommendations for high-risk
1999	information technology projects which should be subject to
2000	monitoring under s. 282.322. These recommendations shall include
2001	proviso language which specifies whether funds are specifically
2002	provided to contract for project monitoring, or whether the
2003	Auditor General will conduct such project monitoring. When funds
2004	are recommended for contracting with a project monitor, such
2005	funds may equal 1 percent to 5 percent of the project's
2006	estimated total costs. These funds shall be specifically
2007	appropriated and nonrecurring.
2008	(g)  Any additional information which the Governor or Chief
2009	Justice feels is needed to justify his or her recommendations.
2010	(4)  The Executive Office of the Governor shall review the
2011	findings of the Office of Program Policy Analysis and Government
2012	Accountability, to the extent they are available, request any
2013	reports or additional analyses as necessary, and submit a
2014	recommendation for executive agencies, which may include a
2015	recommendation regarding incentives or disincentives for agency
2016	performance. Incentives or disincentives may apply to all or
2017	part of a state agency. The Chief Justice shall review the
2018	findings of the Office of Program Policy Analysis and Government
2019	Accountability regarding judicial branch performance and make
2020	appropriate recommendations for the judicial branch.
2021	(b)  Disincentives may include, but are not limited to:
2022	1.  Mandatory quarterly reports to the Executive Office of
2023	the Governor and the Legislature on the agency's progress in
2024	meeting performance standards.
2025	2.  Mandatory quarterly appearances before the Legislature,
2026	the Governor, or the Governor and Cabinet to report on the
2027	agency's progress in meeting performance standards.
2028	3.  Elimination or restructuring of the program, which may
2029	include, but not be limited to, transfer of the program or
2030	outsourcing all or a portion of the program.
2031	4.  Reduction of total positions for a program.
2032	5.  Restriction on or reduction of the spending authority
2033	provided in s. 216.292(2)(b).
2034	6.  Reduction of managerial salaries.
2035	Section 26.  Subsections (1) through (4) of section
2036	216.167, Florida Statutes, are amended to read:
2037	216.167  Governor's recommendations.--The Governor's
2038	recommendations shall include a financial schedule that
2039	provides:
2040	(1)  The Governor's estimate of the recommended recurring
2041	revenues available in the Budget Stabilization Fund, the Working
2042	Capital Fund, and the General Revenue Fund.
2043	(2)  The Governor's estimate of the recommended
2044	nonrecurring revenues available in the Budget Stabilization
2045	Fund, the Working Capital Fund, and the General Revenue Fund.
2046	(3)  The Governor's recommended recurring and nonrecurring
2047	appropriations from the Budget Stabilization Fund, the Working
2048	Capital Fund, and the General Revenue Fund.
2049	(4)  The Governor's estimates of any interfund loans or
2050	temporary obligations of the Budget Stabilization Fund, the
2051	General Revenue Working Capital Fund, or trust funds, which
2052	loans or obligations are needed to implement his or her
2053	recommended budget.
2054	Section 27.  Subsection (4) of section 216.168, Florida
2055	Statutes, is amended to read:
2056	216.168  Governor's amended revenue or budget
2057	recommendations; optional and mandatory.--
2058	(4)  If the Governor determines, at any time after he or
2059	she has furnished the Legislature with his or her
2060	recommendations or amended recommendations, that the revenue
2061	estimates upon which the Governor's recommendations were based
2062	are insufficient to fund these recommendations, the Governor
2063	shall amend his or her revenues or appropriations
2064	recommendations to bring the Governor's recommended budget into
2065	balance. On or after March 1, if the Governor determines that
2066	there is insufficient time to provide the information for the
2067	amended recommendations required in ss. 216.164 and 216.166, he
2068	or she shall be exempt from such requirement.
2069	Section 28.  Subsections (2), (3), and (4) of section
2070	216.177, Florida Statutes, are amended to read:
2071	216.177  Appropriations acts, statement of intent,
2072	violation, notice, review and objection procedures.--
2073	(2)(a)  Whenever notice of action to be taken by the
2074	Executive Office of the Governor or the Chief Justice of the
2075	Supreme Court is required by this chapter, such notice shall be
2076	given to the chair and vice chair of the Legislative Budget
2077	Commission in writing, and shall be delivered at least 14 days
2078	prior to the action referred to, unless a shorter period is
2079	approved in writing by the chair and vice chair. If the action
2080	is solely for the release of funds appropriated by the
2081	Legislature, the notice shall be delivered at least 3 days
2082	before the effective date of the action. Action shall not be
2083	taken on any budget item for which this chapter requires notice
2084	to the Legislative Budget Commission or the appropriations
2085	committees without such notice having been provided, even though
2086	there may be good cause for considering such item.
2087	(b)  If the chair and vice chair of the Legislative Budget
2088	Commission or the President of the Senate and the Speaker of the
2089	House of Representatives timely advise, in writing, the
2090	Executive Office of the Governor or the Chief Justice of the
2091	Supreme Court that an action or a proposed action, including any
2092	expenditure of funds resulting from the settlement of litigation
2093	involving a state agency or officer, whether subject to the
2094	notice and review requirements of this chapter or not, exceeds
2095	the delegated authority of the Executive Office of the Governor
2096	for the executive branch or the Chief Justice for the judicial
2097	branch, respectively, or is contrary to legislative policy and
2098	intent, the Governor or the Chief Justice of the Supreme Court
2099	shall void such action and instruct the affected state agency or
2100	entity of the judicial branch to change immediately its spending
2101	action or spending proposal until the Legislative Budget
2102	Commission or the Legislature addresses the issue. The written
2103	documentation shall indicate the specific reasons that an action
2104	or proposed action exceeds the delegated authority or is
2105	contrary to legislative policy and intent.
2106	(c)  The House of Representatives and the Senate shall
2107	provide by rule that any member of the House of Representatives
2108	or Senate may request, in writing, of either the President of
2109	the Senate or the Speaker of the House of Representatives to
2110	initiate the procedures of paragraph (b).
2111	(3)  The Legislature may annually specify any incentives
2112	and disincentives for agencies operating programs under
2113	performance-based program budgets pursuant to this chapter in
2114	the General Appropriations Act or legislation implementing the
2115	General Appropriations Act.
2116	(4)  Notwithstanding the 14-day notice requirements of this
2117	section, the Department of Children and Family Services is
2118	required to provide notice of proposed transfers submitted
2119	pursuant to s. 20.19(5)(b) to the Executive Office of the
2120	Governor and the chairs of the legislative appropriations
2121	committees at least 3 working days prior to their
2122	implementation.
2123	Section 29.  Subsections (1), (2), (4), (6), (8), (9),
2124	(10), (12), and (16) of section 216.181, Florida Statutes, are
2125	amended to read:
2126	216.181  Approved budgets for operations and fixed capital
2127	outlay.--
2128	(1)  The General Appropriations Act and any other acts
2129	containing appropriations shall be considered the original
2130	approved operating budgets for operational and fixed capital
2131	expenditures. Amendments to the approved operating budgets for
2132	operational and fixed capital outlay expenditures from state
2133	agencies may be requested only through the Executive Office of
2134	the Governor and approved by the Governor and the Legislative
2135	Budget Commission as provided in this chapter. Amendments from
2136	the judicial branch may be requested only through, and approved
2137	by, the Chief Justice of the Supreme Court and must be approved
2138	by the Chief Justice and the Legislative Budget Commission as
2139	provided in this chapter. This includes amendments which are
2140	necessary to implement the provisions of s. 216.212 or s.
2141	216.221.
2142	(2)  Amendments to the original approved operating budgets
2143	for operational and fixed capital outlay expenditures must
2144	comply with the following guidelines in order to be approved by
2145	the Governor and the Legislative Budget Commission as provided
2146	in this chapter for the executive branch and the Chief Justice
2147	and the Legislative Budget Commission for the judicial branch:
2148	(a)  The amendment must be consistent with legislative
2149	policy and intent.
2150	(b)  The amendment may not initiate or commence a new
2151	program, except as authorized by this chapter, or eliminate an
2152	existing program.
2153	(c)  Except as authorized in s. 216.292 or other provisions
2154	of this chapter, the amendment may not provide funding or
2155	increased funding for items which were funded by the Legislature
2156	in an amount less than that requested by the agency or Governor
2157	in the legislative budget request or recommended by the
2158	Governor, or which were vetoed by the Governor.
2159	(d)  For amendments that involve trust funds, there must be
2160	adequate and appropriate revenues available in the trust fund
2161	and the amendment must be consistent with the laws authorizing
2162	such trust funds and the laws relating to the use of the trust
2163	funds. However, a trust fund shall not be increased in excess of
2164	the original approved budget, except as provided in subsection
2165	(11).
2166	(e)  The amendment shall not conflict with any provision of
2167	law.
2168	(f)  The amendment must not provide funding for any issue
2169	which was requested by the agency or branch in its legislative
2170	budget request and not funded in the General Appropriations Act.
2171	(g)  The amendment must include a written description of
2172	the purpose of the proposed change, an indication of why interim
2173	budget action is necessary, and the intended recipient of any
2174	funds for contracted services.
2175	(h)  The amendment must not provide general salary
2176	increases which the Legislature has not authorized in the
2177	General Appropriations Act or other laws.
2178	(4)  To the extent possible, individual members of the
2179	Senate and the House of Representatives should be advised of
2180	budget amendments requested by the executive branch and judicial
2181	branch.
2182	(6)(a)  The Executive Office of the Governor or the Chief
2183	Justice of the Supreme Court may require the submission of a
2184	detailed plan from the agency or entity of the judicial branch
2185	affected, consistent with the General Appropriations Act,
2186	special appropriations acts, and statements the statement of
2187	intent before transferring and releasing the balance of a lump-
2188	sum appropriation. The provisions of this paragraph are subject
2189	to the notice and review procedures set forth in s. 216.177.
2190	(b)  The Executive Office of the Governor and the Chief
2191	Justice of the Supreme Court may amend, without approval of the
2192	Legislative Budget Commission, state agency and judicial branch
2193	entity budgets, respectively, to reflect the transferred funds
2194	and to provide the associated increased salary rate based on the
2195	approved plans for lump-sum appropriations. This paragraph is
2196	subject to the procedures set forth in s. 216.177.
2197
2198	The Executive Office of the Governor shall transmit to each
2199	state agency and the Chief Financial Officer, and the Chief
2200	Justice shall transmit to each judicial branch component and the
2201	Chief Financial Officer, any approved amendments to the approved
2202	operating budgets.
2203	(8)  As part of the approved operating budget, the
2204	Executive Office of the Governor shall furnish to each state
2205	agency, and the Chief Justice of the Supreme Court shall furnish
2206	to the entity of the judicial branch, an approved annual salary
2207	rate for each budget entity containing a salary appropriation.
2208	This rate shall be based upon the actual salary rate and shall
2209	be consistent with the General Appropriations Act or special
2210	appropriations acts. The annual salary rate shall be:
2211	(a)  Determined by Calculated based on the actual salary
2212	rate in effect on June 30, and the salary policy and the number
2213	of authorized positions as specified in the General
2214	Appropriations Act and adjusted for reorganizations authorized
2215	by law, for any other appropriations made by law, and, subject
2216	to s. 216.177, for distributions of lump-sum appropriations and
2217	administered funds special appropriations acts, or as provided
2218	pursuant to s. 216.177.
2219	(b)  Controlled by department or agency; except for the
2220	Department of Education, which shall be controlled by division
2221	and for the judicial branch, which shall be controlled at the
2222	branch level.
2223	(c)  Assigned to the number of authorized positions.
2224	(9)(a)  The calculation for the annual salary rate for
2225	vacant and newly authorized positions shall be at no more than
2226	the midpoint of the range of the pay grade for the position or
2227	as provided in the General Appropriations Act.
2228	(b)  No agency or the judicial branch may exceed its
2229	maximum approved annual salary rate for the fiscal year.
2230	However, at any time during the fiscal year, an agency or entity
2231	of the judicial branch may exceed its approved rate for all
2232	budget entities by no more than 5 percent, provided that, by
2233	June 30 of every fiscal year, the agency or entity of the
2234	judicial branch has reduced its salary rate so that the salary
2235	rate for each department budget entity is within the approved
2236	rate limit for that department budget entity.
2237	(10)(a)  The Legislative Budget Commission Executive Office
2238	of the Governor and the Chief Justice of the Supreme Court may
2239	authorize increases or decreases in increase or decrease the
2240	approved salary rate for positions for the purpose of
2241	implementing the General Appropriations Act, special
2242	appropriations acts, and actions pursuant to s. 216.262
2243	consistent with legislative intent and policy. Other adjustments
2244	to approved salary rate must be approved by the Legislative
2245	Budget Commission pursuant to the request of the agency filed
2246	with the Executive Office of the Governor or pursuant to the
2247	request of an entity of the judicial branch filed with the Chief
2248	Justice of the Supreme Court, if deemed necessary and in the
2249	best interest of the state and consistent with legislative
2250	policy and intent. The provisions of this paragraph are subject
2251	to the notice and review procedures set forth in s. 216.177.
2252	(b)  Lump-sum salary bonuses may be provided only if
2253	specifically appropriated or provided pursuant to s. 110.1245 or
2254	s. 216.1815.
2255	(c)  State agencies and the judicial branch shall report,
2256	each fiscal quarter, the number of filled positions, the number
2257	of vacant positions, and the salary rate associated with each
2258	category to the Legislative Budget Commission in a form and
2259	manner prescribed by the commission.
2260	(d)  The salary rate provisions of subsections (8) and (9)
2261	and this subsection do not apply to the general office program
2262	of the Executive Office of the Governor.
2263	(12)  There is appropriated nonoperating budget for
2264	refunds, payments to the United States Treasury, and payments of
2265	the service charge to the General Revenue Fund, and transfers of
2266	funds specifically required by law. Such authorized budget,
2267	together with related releases, shall be transmitted by the
2268	state agency or by the judicial branch to the Chief Financial
2269	Officer for entry in his or her records in the manner and format
2270	prescribed by the Executive Office of the Governor in
2271	consultation with the Chief Financial Officer. A copy of such
2272	authorized budgets shall be furnished to the Executive Office of
2273	the Governor or the Chief Justice, the chairs of the legislative
2274	committees responsible for developing the general appropriations
2275	acts, and the Auditor General. Notwithstanding the duty
2276	specified for each state agency in s. 17.61(3), the Governor may
2277	withhold approval of nonoperating investment authority for
2278	certain trust funds when deemed in the best interest of the
2279	state. The Governor for the executive branch, and the Chief
2280	Justice for the judicial branch, may establish nonoperating
2281	budgets, with the approval of the chairs of the Senate and the
2282	House of Representatives appropriations committees, for
2283	transfers, purchase of investments, special expenses,
2284	distributions, transfers of funds specifically required by law,
2285	and any other nonoperating budget categories they deem necessary
2286	and in the best interest of the state and consistent with
2287	legislative intent and policy. The provisions of this subsection
2288	are subject to the notice, review, and objection procedures set
2289	forth in s. 216.177. For purposes of this section, the term
2290	"nonoperating budgets" means nonoperating disbursement authority
2291	for purchase of investments, refunds, payments to the United
2292	States Treasury, transfers of funds specifically required by
2293	law, distributions of assets held by the state in a trustee
2294	capacity as an agent of fiduciary, special expenses, and other
2295	nonoperating budget categories, as determined necessary by the
2296	Executive Office of the Governor and the chairs of the Senate
2297	and the House of Representatives appropriations committees, not
2298	otherwise appropriated in the General Appropriations Act. The
2299	establishment of nonoperating budget authority shall be deemed
2300	approved by a chair of a legislative committee if written notice
2301	of the objection is not provided to the Governor or Chief
2302	Justice, as appropriate, within 14 days of the chair receiving
2303	notice of the action pursuant to the provisions of s. 216.177.
2304	(16)(a)  Funds provided in any specific appropriation in
2305	the General Appropriations Act may be advanced if the General
2306	Appropriations Act specifically so provides.
2307	(b)  Any agency, or the judicial branch, that has been
2308	authorized by the General Appropriations Act or expressly
2309	authorized by other law to make advances for program startup or
2310	advances for contracted services, in total or periodically,
2311	shall limit such disbursements to other governmental entities
2312	and not-for-profit corporations. The amount that which may be
2313	advanced shall not exceed the expected cash needs of the
2314	contractor or recipient within the initial 3 months. Thereafter,
2315	disbursements shall only be made on a reimbursement basis. Any
2316	agreement that provides for advancements may contain a clause
2317	that permits the contractor or recipient to temporarily invest
2318	the proceeds, provided that any interest income shall either be
2319	returned to the agency or be applied against the agency's
2320	obligation to pay the contract amount. This paragraph does not
2321	constitute lawful authority to make any advance payment not
2322	otherwise authorized by laws relating to a particular agency or
2323	general laws relating to the expenditure or disbursement of
2324	public funds. The Chief Financial Officer may, after
2325	consultation with the legislative appropriations committees,
2326	advance funds beyond a 3-month requirement if it is determined
2327	to be consistent with the intent of the approved operating
2328	budget.
2329	(c)  Unless specifically prohibited in the General
2330	Appropriations Act, funds appropriated to the Department of
2331	Children and Family Services and the Department of Health may be
2332	advanced for those contracted services that were approved for
2333	advancement by the Comptroller in fiscal year 1993-1994,
2334	including those services contracted on a fixed-price or unit-
2335	cost basis.
2336	Section 30.  Section 216.192, Florida Statutes, is amended
2337	to read:
2338	216.192  Release of appropriations; revision of budgets.--
2339	(1)  Unless otherwise provided in the General
2340	Appropriations Act, on July 1 of each fiscal year, up to 25
2341	percent of the original approved operating budget of each agency
2342	and of the judicial branch may be released until such time as
2343	annual plans for quarterly releases for all appropriations have
2344	been developed, approved, and furnished to the Chief Financial
2345	Officer by the Executive Office of the Governor for state
2346	agencies and by the Chief Justice of the Supreme Court for the
2347	judicial branch. The plans, including appropriate plans of
2348	releases for fixed capital outlay projects that correspond with
2349	each project schedule, shall attempt to maximize the use of
2350	trust funds and shall be transmitted to the Chief Financial
2351	Officer by August 1 of each fiscal year. Such releases shall at
2352	no time exceed the total appropriations available to a state
2353	agency or to the judicial branch, or the approved budget for
2354	such agency or the judicial branch if less. The Chief Financial
2355	Officer shall enter such releases in his or her records in
2356	accordance with the release plans prescribed by the Executive
2357	Office of the Governor and the Chief Justice, unless otherwise
2358	amended as provided by law. The Executive Office of the Governor
2359	and the Chief Justice shall transmit a copy of the approved
2360	annual releases to the head of the state agency, the chair and
2361	vice chair of the Legislative Budget Commission, and the Auditor
2362	General. The Chief Financial Officer shall authorize all
2363	expenditures to be made from the appropriations on the basis of
2364	such releases and in accordance with the approved budget, and
2365	not otherwise. Expenditures shall be authorized only in
2366	accordance with legislative authorizations. Nothing herein
2367	precludes periodic reexamination and revision by the Executive
2368	Office of the Governor or by the Chief Justice of the annual
2369	plans for release of appropriations and the notifications of the
2370	parties of all such revisions.
2371	(2)  Any department under the direct supervision of a
2372	member of the Cabinet or of a board consisting of the Governor
2373	and members of the Cabinet which contends that the plan for
2374	releases of funds appropriated to it is contrary to the approved
2375	operating budget shall have the right to have the issue reviewed
2376	by the Administration Commission which shall decide such issue
2377	by majority vote. The appropriations committees of the
2378	Legislature may advise the Administration Commission on the
2379	issue.
2380	(3)  The Executive Office of the Governor shall make
2381	releases within the amounts appropriated and as requested for
2382	all appropriations to the legislative branch, and the provisions
2383	of subsections (1) and (2) shall not apply to the legislative
2384	branch.
2385	(4)  The legislative appropriations committees may advise
2386	the Chief Financial Officer, the Executive Office of the
2387	Governor, or the Chief Justice relative to the release of any
2388	funds under this section.
2389	(4)(5)  The annual plans of releases authorized by this
2390	section may be considered by the Revenue Estimating Conference
2391	in preparation of the statement of financial outlook.
2392	(5)  In order to implement directives contained in the
2393	General Appropriations Act or to prevent deficits pursuant to s.
2394	216.221, the Executive Office of the Governor for the executive
2395	branch and the Chief Justice for the judicial branch may place
2396	appropriations in budget reserve or mandatory reserve.
2397	(6)  All budget actions taken pursuant to the provisions of
2398	this section are subject to the notice and review procedures set
2399	forth in s. 216.177.
2400	Section 31.  Section 216.195, Florida Statutes, is amended
2401	to read:
2402	216.195  Impoundment of funds; restricted.--The Executive
2403	Office of the Governor, the Chief Justice of the Supreme Court,
2404	any member of the Cabinet, or any state agency shall not impound
2405	any appropriation except as necessary to avoid or eliminate a
2406	deficit pursuant to the provisions of s. 216.221. As used in
2407	this section, the term "impoundment" means the omission of any
2408	appropriation or part of an appropriation in the approved
2409	operating plan prepared pursuant to s. 216.181 or in the
2410	schedule of releases prepared pursuant to s. 216.192 or the
2411	failure of any state agency or the judicial branch to spend an
2412	appropriation for the stated purposes authorized in the approved
2413	operating budget. The provisions of this section are subject to
2414	the notice and review procedures of s. 216.177. The Governor or
2415	either house of the Legislature may seek judicial review of any
2416	action or proposed action which violates the provisions of this
2417	section.
2418	Section 32.  Subsections (2), (3), (5), (7), (9), and (10)
2419	of section 216.221, Florida Statutes, are amended to read:
2420	216.221  Appropriations as maximum appropriations;
2421	adjustment of budgets to avoid or eliminate deficits.--
2422	(2)  The Legislature may annually provide direction in the
2423	General Appropriations Act regarding use of any state funds the
2424	Budget Stabilization Fund and Working Capital Fund to offset
2425	General Revenue Fund deficits.
2426	(3)  For purposes of preventing a deficit in the General
2427	Revenue Fund, all branches and agencies of government that
2428	receive General Revenue Fund appropriations shall participate in
2429	deficit reduction efforts. Absent specific legislative direction
2430	in the General Appropriations Act, when budget reductions are
2431	required in order to prevent a deficit under the provisions of
2432	subsection (7), each branch shall reduce its General Revenue
2433	Fund appropriations by a proportional amount.
2434	(5)(a)  If, in the opinion of the Governor, after
2435	consultation with the Revenue Estimating Conference, a deficit
2436	will occur in the General Revenue Fund, he or she shall so
2437	certify to the commission and to the Chief Justice of the
2438	Supreme Court. No more than 30 days after certifying that a
2439	deficit will occur in the General Revenue Fund, the Governor
2440	shall develop for the executive branch, and the Chief Justice of
2441	the Supreme Court shall develop for the judicial branch, and
2442	provide to the commission and to the Legislature plans of action
2443	to eliminate the deficit.
2444	(b)  If, in the opinion of the President of the Senate and
2445	the Speaker of the House of Representatives, after consultation
2446	with the Revenue Estimating Conference, a deficit will occur in
2447	the General Revenue Fund and the Governor has not certified the
2448	deficit, the President of the Senate and the Speaker of the
2449	House of Representatives shall so certify. Within 30 days after
2450	such certification, the Governor shall develop for the executive
2451	branch and the Chief Justice of the Supreme Court shall develop
2452	for the judicial branch and provide to the commission and to the
2453	Legislature plans of action to eliminate the deficit.
2454	(c)(b)  In developing a plan of action to prevent deficits
2455	in accordance with subsection (7), the Governor and Chief
2456	Justice shall, to the extent possible, preserve legislative
2457	policy and intent, and, absent any specific direction to the
2458	contrary in the General Appropriations Act, the Governor and
2459	Chief Justice shall comply with the following guidelines for
2460	reductions in the approved operating budgets of the executive
2461	branch and the judicial branch:
2462	1.  Entire statewide programs previously established by the
2463	Legislature should not be eliminated.
2464	1.2.  Education budgets should not be reduced more than
2465	provided for in s. 215.16(2).
2466	2.3.  The use of nonrecurring funds to solve recurring
2467	deficits should be minimized.
2468	3.4.  Newly created programs that are not fully implemented
2469	and programs with critical audits, evaluations, and reviews
2470	should receive first consideration for reductions.
2471	4.5.  No agencies or branches of government receiving
2472	appropriations should be exempt from reductions.
2473	5.6.  When reductions in positions are required, the focus
2474	should be initially on vacant positions.
2475	7.  Any reductions applied to all agencies and branches
2476	should be uniformly applied.
2477	6.8.  Reductions that would cause substantial losses of
2478	federal funds should be minimized.
2479	9.  To the greatest extent possible, across-the-board,
2480	prorated reductions should be considered.
2481	7.10.  Reductions to statewide programs should occur only
2482	after review of programs that provide only local benefits.
2483	8.11.  Reductions in administrative and support functions
2484	should be considered before reductions in direct-support
2485	services.
2486	9.12.  Maximum reductions should be considered in budgets
2487	for expenses including travel and in budgets for equipment
2488	replacement, outside consultants, and contracts.
2489	10.13.  Reductions in salaries for elected state officials
2490	should be considered.
2491	11.14.  Reductions that adversely affect the public health,
2492	safety, and welfare should be minimized.
2493	12.15.  The Budget Stabilization Fund should not be reduced
2494	to a level that would impair the financial stability of this
2495	state.
2496	13.16.  Reductions in programs that are traditionally
2497	funded by the private sector and that may be assumed by private
2498	enterprise should be considered.
2499	14.17.  Reductions in programs that are duplicated among
2500	state agencies or branches of government should be considered.
2501	(7)  Deficits in the General Revenue Fund that do not meet
2502	the amounts specified by subsection (6) shall be resolved by the
2503	Governor commission for the executive branch and the Chief
2504	Justice of the Supreme Court for the judicial branch. The
2505	Governor commission and Chief Justice shall implement any
2506	directions provided in the General Appropriations Act related to
2507	eliminating deficits and to reducing agency and judicial branch
2508	budgets, including the use of those legislative appropriations
2509	voluntarily placed in reserve. In addition, the Governor and
2510	Chief Justice commission shall implement any directions in the
2511	General Appropriations Act relating to the resolution of deficit
2512	situations. When reducing state agency or judicial branch
2513	budgets, the Governor commission or the Chief Justice,
2514	respectively, shall use the guidelines prescribed in subsection
2515	(5). The Executive Office of the Governor for the commission,
2516	and the Chief Justice for the judicial branch, shall implement
2517	the deficit reduction plans through amendments to the approved
2518	operating budgets in accordance with s. 216.181.
2519	(9)  If, in the opinion of the Chief Financial Officer,
2520	after consultation with the Revenue Estimating Conference, a
2521	deficit will occur, he or she shall report his or her opinion to
2522	the Governor, the President of the Senate, and the Speaker of
2523	the House of Representatives in writing. In the event the
2524	Governor does not certify a deficit, or the President of the
2525	Senate and the Speaker of the House of Representatives do not
2526	certify a deficit within 10 days after the Chief Financial
2527	Officer's report, the Chief Financial Officer shall report his
2528	or her findings and opinion to the commission and the Chief
2529	Justice of the Supreme Court.
2530	(10)  When advised by the Revenue Estimating Conference,
2531	the Chief Financial Officer, or any agency responsible for a
2532	trust fund that a deficit will occur with respect to the
2533	appropriations from a specific trust fund in the current fiscal
2534	year, the Governor for the executive branch, or the Chief
2535	Justice for the judicial branch, shall develop a plan of action
2536	to eliminate the deficit. Before implementing the plan of
2537	action, the Governor or the Chief Justice must comply with the
2538	provisions of s. 216.177(2), and actions to resolve deficits in
2539	excess of $1 million must be approved by the Legislative Budget
2540	Commission. In developing the plan of action, the Governor or
2541	the Chief Justice shall, to the extent possible, preserve
2542	legislative policy and intent, and, absent any specific
2543	directions to the contrary in the General Appropriations Act,
2544	any reductions in appropriations from the trust fund for the
2545	fiscal year shall be prorated among the specific appropriations
2546	made from the trust fund for the current fiscal year.
2547	Section 33.  Subsection (2) of section 216.231, Florida
2548	Statutes, is amended to read:
2549	216.231  Release of certain classified appropriations.--
2550	(2)  The release of appropriated funds classified as
2551	"deficiency" shall be approved only when a General Revenue Fund
2552	appropriation for operations of a state agency or of the
2553	judicial branch is inadequate because the workload or cost of
2554	the operation exceeds that anticipated by the Legislature and a
2555	determination has been made by the Governor commission that the
2556	deficiency will result in an impairment of the activities of an
2557	agency or of the judicial branch to the extent that the agency
2558	is unable to carry out its program as provided by the
2559	Legislature in the general appropriations acts. These funds may
2560	not be used for creation of any new agency or program, for
2561	increases of salary, or for the construction or equipping of
2562	additional buildings.
2563	Section 34.  Subsections (3), (6), and (11) of section
2564	216.235, Florida Statutes, are amended to read:
2565	216.235  Innovation Investment Program.--
2566	(3)  For purposes of this section:
2567	(a)  "Agency" means an official, officer, commission,
2568	authority, council, committee, department, division, bureau,
2569	board, section, or other unit or entity of the executive branch.
2570	(b)  "Commission" means the Information Resource
2571	Commission.
2572	(b)(c)  "Committee" means the State Innovation Committee.
2573	(c)(d)  "Office" means the Office of Tourism, Trade, and
2574	Economic Development within the Executive Office of the
2575	Governor.
2576	(d)(e)  "Review board" means a nonpartisan board composed
2577	of private citizens and public employees who evaluate the
2578	projects and make funding recommendations to the committee.
2579	(6)  Any agency developing an innovative investment project
2580	proposal that involves information technology resources may
2581	consult with and seek technical assistance from the State
2582	Technology Office commission. The office shall consult with the
2583	State Technology Office commission for any project proposal that
2584	involves information resource technology. The State Technology
2585	Office commission is responsible for evaluating these projects
2586	and for advising the committee and review board of the technical
2587	feasibility and any transferable benefits of the proposed
2588	technology. In addition to the requirements of subsection (5),
2589	the agencies shall provide to the State Technology Office
2590	commission any information requested by the State Technology
2591	Office commission to aid in determining that the proposed
2592	technology is appropriate for the project's success.
2593	(11)  Funds appropriated for the Innovation Investment
2594	Program shall be distributed by the Executive Office of the
2595	Governor subject to notice, review, and objection procedures set
2596	forth in s. 216.177. The office may transfer funds from the
2597	annual appropriation as necessary to administer the program.
2598	Proposals considered but not funded by the Legislature as part
2599	of an agency legislative budget request or the Governor's budget
2600	recommendation are not eligible to receive funding under the
2601	Innovation Investment Program.
2602	Section 35.  Section 216.241, Florida Statutes, is amended
2603	to read:
2604	216.241  Initiation or commencement of new programs;
2605	approval; expenditure of certain revenues.--
2606	(1)  A state agency or the judicial branch may not initiate
2607	or commence any new program, including any new federal program
2608	or initiative, or make changes in its current programs, as
2609	provided for in the appropriations act, that require additional
2610	financing unless funds have been specifically appropriated by
2611	the Legislature or unless the Legislative Budget Commission or
2612	the Chief Justice of the Supreme Court expressly approves such
2613	new program or changes. The commission and the Chief Justice
2614	shall give notice as provided in s. 216.177 prior to approving
2615	such new program or changes.
2616	(2)  No Changes that which are inconsistent with the
2617	approved operating budget may not shall be made to existing
2618	programs unless such changes are recommended to the Legislative
2619	Budget Commission by the Governor or the Chief Justice and the
2620	Legislative Budget Commission expressly approves such program
2621	changes. The provisions of This subsection is are subject to the
2622	notice, review, and objection procedures set forth in s.
2623	216.177.
2624	(3)  Any revenues generated by any tax or fee imposed by
2625	amendment to the State Constitution after October 1, 1999, shall
2626	not be expended by any agency, as defined in s. 120.52(1),
2627	except pursuant to appropriation by the Legislature.
2628	Section 36.  Subsection (2) of section 216.251, Florida
2629	Statutes, is amended to read:
2630	216.251  Salary appropriations; limitations.--
2631	(2)(a)  The salary for each position not specifically
2632	indicated in the appropriations acts shall be as provided in one
2633	of the following subparagraphs:
2634	1.  Within the classification and pay plans provided for in
2635	chapter 110.
2636	2.  Within the classification and pay plans established by
2637	the Board of Trustees for the Florida School for the Deaf and
2638	the Blind of the Department of Education and approved by the
2639	State Board of Education for academic and academic
2640	administrative personnel.
2641	3.  Within the classification and pay plan approved and
2642	administered by the State Board of Education and the Board of
2643	Governors Board of Regents for those positions in the State
2644	University System.
2645	4.  Within the classification and pay plan approved by the
2646	President of the Senate and the Speaker of the House of
2647	Representatives, as the case may be, for employees of the
2648	Legislature.
2649	5.  Within the approved classification and pay plan for the
2650	judicial branch.
2651	6.  The salary of all positions not specifically included
2652	in this subsection shall be set by the commission or by the
2653	Chief Justice for the judicial branch.
2654	(b)  Salary payments shall be made only to employees
2655	filling established positions included in the agency's or in the
2656	judicial branch's approved budgets and amendments thereto as may
2657	be provided by law; provided, however:
2658	1.  Reclassification of established positions may be
2659	accomplished when justified in accordance with the established
2660	procedures for reclassifying positions; or
2661	2.  When the Division of Risk Management of the Department
2662	of Financial Services has determined that an employee is
2663	entitled to receive a temporary partial disability benefit or a
2664	temporary total disability benefit pursuant to the provisions of
2665	s. 440.15 and there is medical certification that the employee
2666	cannot perform the duties of the employee's regular position,
2667	but the employee can perform some type of work beneficial to the
2668	agency, the agency may return the employee to the payroll, at
2669	his or her regular rate of pay, to perform such duties as the
2670	employee is capable of performing, even if there is not an
2671	established position in which the employee can be placed.
2672	Nothing in this subparagraph shall abrogate an employee's rights
2673	under chapter 440 or chapter 447, nor shall it adversely affect
2674	the retirement credit of a member of the Florida Retirement
2675	System in the membership class he or she was in at the time of,
2676	and during, the member's disability.
2677	Section 37.  Paragraphs (a) and (c) of subsection (1) of
2678	section 216.262, Florida Statutes, are amended to read:
2679	216.262  Authorized positions.--
2680	(1)(a)  Unless otherwise expressly provided by law, the
2681	total number of authorized positions may not exceed the total
2682	provided in the appropriations acts. In the event any state
2683	agency or entity of the judicial branch finds that the number of
2684	positions so provided is not sufficient to administer its
2685	authorized programs, it may file an application with the
2686	Executive Office of the Governor or the Chief Justice; and, if
2687	the Executive Office of the Governor or Chief Justice certifies
2688	that there are no authorized positions available for addition,
2689	deletion, or transfer within the agency as provided in paragraph
2690	(c) and recommends an increase in the number of positions, the
2691	Governor or the Chief Justice may recommend, after a public
2692	hearing, authorize an increase in the number of positions for
2693	the following reasons only:
2694	1.  To implement or provide for continuing federal grants
2695	or changes in grants not previously anticipated.;
2696	2.  To meet emergencies pursuant to s. 252.36.;
2697	3.  To satisfy new federal regulations or changes therein.;
2698	4.  To take advantage of opportunities to reduce operating
2699	expenditures or to increase the revenues of the state or local
2700	government.; and
2701	5.  To authorize positions that which were not fixed by the
2702	Legislature through error in drafting the appropriations acts.
2703
2704	Actions recommended pursuant to The provisions of this paragraph
2705	are subject to approval by the Legislative Budget Commission.
2706	the notice and review procedures set forth in s. 216.177. A copy
2707	of the application, The certification, and the final
2708	authorization shall be provided to filed with the Legislative
2709	Budget Commission, the appropriations committees, and with the
2710	Auditor General.
2711	(c)1.  The Executive Office of the Governor, under such
2712	procedures and qualifications as it deems appropriate, shall,
2713	upon agency request, delegate to any state agency authority to
2714	add and delete authorized positions or transfer authorized
2715	positions from one budget entity to another budget entity within
2716	the same division, and may approve additions and deletions of
2717	authorized positions or transfers of authorized positions within
2718	the state agency when such changes would enable the agency to
2719	administer more effectively its authorized and approved
2720	programs. The additions or deletions must be consistent with the
2721	intent of the approved operating budget, must be consistent with
2722	legislative policy and intent, and must not conflict with
2723	specific spending policies specified in the General
2724	Appropriations Act.
2725	2.  The Chief Justice of the Supreme Court shall have the
2726	authority to establish procedures for the judicial branch to add
2727	and delete authorized positions or transfer authorized positions
2728	from one budget entity to another budget entity, and to add and
2729	delete authorized positions within the same budget entity, when
2730	such changes are consistent with legislative policy and intent
2731	and do not conflict with spending policies specified in the
2732	General Appropriations Act.
2733	3.a.  A state agency may be eligible to retain salary
2734	dollars for authorized positions eliminated after July 1, 2001.
2735	The agency must certify the eliminated positions to the
2736	Legislative Budgeting Commission.
2737	b.  The Legislative Budgeting Commission shall authorize
2738	the agency to retain 20 percent of the salary dollars associated
2739	with the eliminated positions and may authorize retention of a
2740	greater percentage. All such salary dollars shall be used for
2741	permanent salary increases.
2742	Section 38.  Section 216.292, Florida Statutes, is amended
2743	to read:
2744	(Substantial rewording of section. See
2745	s. 216.292, F.S., for present text.)
2746	216.292  Appropriations nontransferable; exceptions.--
2747	(1)(a)  Funds provided in the General Appropriations Act or
2748	as otherwise expressly provided by law shall be expended only
2749	for the purpose for which appropriated, except that such moneys
2750	may be transferred as provided in this section when it is
2751	determined to be in the best interest of the state.
2752	Appropriations for fixed capital outlay may not be expended for
2753	any other purpose. Appropriations may not be transferred between
2754	state agencies, or between a state agency and the judicial
2755	branch, unless specifically authorized by law.
2756	(b)1.  Authorized revisions of the original approved
2757	operating budget, together with related changes in the plan for
2758	release of appropriations, if any, shall be transmitted by the
2759	state agency or by the judicial branch to the Executive Office
2760	of the Governor or the Chief Justice, respectively, the chairs
2761	of the Senate and the House of Representatives appropriations
2762	committees, the Office of Program Policy Analysis and Government
2763	Accountability, and the Auditor General. Such authorized
2764	revisions shall be consistent with the intent of the approved
2765	operating budget, shall be consistent with legislative policy
2766	and intent, and may not conflict with specific spending policies
2767	specified in the General Appropriations Act.
2768	2.  Authorized revisions, together with related changes, if
2769	any, in the plan for release of appropriations shall be
2770	transmitted by the state agency or by the judicial branch to the
2771	Chief Financial Officer for entry in the Chief Financial
2772	Officer's records in the manner and format prescribed by the
2773	Executive Office of the Governor in consultation with the Chief
2774	Financial Officer.
2775	3.  The Executive Office of the Governor or the Chief
2776	Justice shall forward a copy of the revisions within 7 working
2777	days to the Chief Financial Officer for entry in his or her
2778	records in the manner and format prescribed by the Executive
2779	Office of the Governor in consultation with the Chief Financial
2780	Officer.
2781	(2)  The following transfers are authorized to be made by
2782	the head of each department or the Chief Justice of the Supreme
2783	Court whenever it is deemed necessary by reason of changed
2784	conditions:
2785	(a)  The transfer of appropriations funded from identical
2786	funding sources, except appropriations for fixed capital outlay,
2787	and the transfer of amounts included within the total original
2788	approved budget and plans of releases of appropriations as
2789	furnished pursuant to ss. 216.181 and 216.192, as follows:
2790	1.  Between categories of appropriations within a budget
2791	entity, if no category of appropriation is increased or
2792	decreased by more than 5 percent of the original approved budget
2793	or $250,000, whichever is greater, by all action taken under
2794	this subsection.
2795	2.  Between budget entities within identical categories of
2796	appropriations, if no category of appropriation is increased or
2797	decreased by more than 5 percent of the original approved budget
2798	or $250,000, whichever is greater, by all action taken under
2799	this subsection.
2800	3.  Any agency exceeding salary rate established pursuant
2801	to s. 216.181(8) on June 30th of any fiscal year shall not be
2802	authorized to make transfers pursuant to subparagraphs 1. and 2.
2803	in the subsequent fiscal year.
2804	4.  Notice of proposed transfers under subparagraphs 1. and
2805	2. shall be provided to the Executive Office of the Governor and
2806	the chairs of the legislative appropriations committees at least
2807	3 days prior to agency implementation in order to provide an
2808	opportunity for review. The review shall be limited to ensuring
2809	that the transfer is in compliance with the requirements of this
2810	paragraph.
2811	(b)  After providing notice at least 5 working days prior
2812	to implementation:
2813	1.  The transfer of funds within programs identified in the
2814	General Appropriations Act from identical funding sources
2815	between the following appropriation categories without
2816	limitation so long as such a transfer does not result in an
2817	increase, to the total recurring general revenue or trust fund
2818	cost of the agency or entity of the judicial branch in the
2819	subsequent fiscal year: other personal services, expenses,
2820	operating capital outlay, food products, state attorney and
2821	public defender operations, data processing services, operating
2822	and maintenance of patrol vehicles, overtime payments, salary
2823	incentive payments, compensation to retired judges, law
2824	libraries, and juror and witness payments.
2825	2.  The transfer of funds and positions from identical
2826	funding sources between salaries and benefits appropriation
2827	categories within programs identified in the General
2828	Appropriations Act. Such transfers must be consistent with
2829	legislative policy and intent and may not adversely affect
2830	achievement of approved performance outcomes or outputs in any
2831	program.
2832	(c)  The transfer of funds appropriated to accounts
2833	established for disbursement purposes upon release of such
2834	appropriation upon request of a department and approval by the
2835	Chief Financial Officer. Such transfer may only be made to the
2836	same appropriation category and the same funding source from
2837	which the funds are transferred.
2838	(d)  The transfer of funds by the Executive Office of the
2839	Governor from appropriations for public school operations to a
2840	fixed capital outlay appropriation for class size reduction
2841	based on recommendations of the Florida Education Finance
2842	Program Appropriation Allocation Conference or the Legislative
2843	Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
2844	Governor under this subsection are subject to the notice and
2845	review provisions of s. 216.177.
2846	(3)  The following transfers are authorized with the
2847	approval of the Executive Office of the Governor for the
2848	executive branch or the Chief Justice for the judicial branch,
2849	subject to the notice and review provisions of s. 216.177:
2850	(a)  The transfer of appropriations for operations from
2851	trust funds in excess of those provided in subsection (2), up to
2852	$1 million.
2853	(b)  The transfer of positions between budget entities.
2854	(4)  The following transfers are authorized with the
2855	approval of the Legislative Budget Commission. Unless waived by
2856	the chair and vice chair of the commission, notice of such
2857	transfers must be provided 14 days before the commission
2858	meeting:
2859	(a)  The transfer of appropriations for operations from the
2860	General Revenue Fund in excess of those provided in this section
2861	but within a state agency or within the judicial branch, as
2862	recommended by the Executive Office of the Governor or the Chief
2863	Justice of the Supreme Court.
2864	(b)  The transfer of appropriations for operations from
2865	trust funds in excess of those provided in this section that
2866	exceed the greater of 5 percent of the original approved budget
2867	or $1 million, as recommended by the Executive Office of the
2868	Governor or the Chief Justice of the Supreme Court.
2869	(c)  The transfer of the portion of an appropriation for a
2870	named fixed capital outlay project found to be in excess of that
2871	needed to complete the project to another project for which
2872	there has been an appropriation in the same fiscal year from the
2873	same fund and within the same department where a deficiency is
2874	found to exist, at the request of the Executive Office of the
2875	Governor for state agencies or the Chief Justice of the Supreme
2876	Court for the judicial branch. The scope of a fixed capital
2877	outlay project may not be changed by any transfer of funds made
2878	pursuant to this subsection.
2879	(d)  The transfers necessary to accomplish the purposes of
2880	reorganization within state agencies or the judicial branch
2881	authorized by the Legislature when the necessary adjustments of
2882	appropriations and positions have not been provided in the
2883	General Appropriations Act.
2884	(5)  A transfer of funds may not result in the initiation
2885	of a fixed capital outlay project that has not received a
2886	specific legislative appropriation, except that federal funds
2887	for fixed capital outlay projects for the Department of Military
2888	Affairs, which do not carry a continuing commitment on future
2889	appropriations by the Legislature, may be approved by the
2890	Executive Office of the Governor for the purpose received,
2891	subject to the notice, review, and objection procedures set
2892	forth in s. 216.177.
2893	(6)  The Chief Financial Officer shall transfer from any
2894	available funds of an agency or the judicial branch the
2895	following amounts and shall report all such transfers and the
2896	reasons therefor to the legislative appropriations committees
2897	and the Executive Office of the Governor:
2898	(a)  The amount due to the Unemployment Compensation Trust
2899	Fund which is more than 90 days delinquent on reimbursements due
2900	to the Unemployment Compensation Trust Fund. The amount
2901	transferred shall be that certified by the state agency
2902	providing unemployment tax collection services under contract
2903	with the Agency for Workforce Innovation through an interagency
2904	agreement pursuant to s. 443.1316.
2905	(b)  The amount due to the Division of Risk Management
2906	which is more than 90 days delinquent in payment to the Division
2907	of Risk Management of the Department of Financial Services for
2908	insurance coverage. The amount transferred shall be that
2909	certified by the division.
2910	(c)  The amount due to the Communications Working Capital
2911	Trust Fund from moneys appropriated in the General
2912	Appropriations Act for the purpose of paying for services
2913	provided by the state communications system in the Department of
2914	Management Services which is unpaid 45 days after the billing
2915	date. The amount transferred shall be that billed by the
2916	department.
2917	Section 39.  Section 216.301, Florida Statutes, is amended
2918	to read:
2919	216.301  Appropriations; undisbursed balances.--
2920	(1)(a)  Any balance of any appropriation, except an
2921	appropriation for fixed capital outlay, which is not disbursed
2922	but which is expended or contracted to be expended shall, at the
2923	end of each fiscal year, be certified by the head of the
2924	affected state agency or the judicial or legislative branches,
2925	on or before August 1 of each year, to the Executive Office of
2926	the Governor, showing in detail the obligees to whom obligated
2927	and the amounts of such obligations. On or before September 1 of
2928	each year, the Executive Office of the Governor shall review and
2929	approve or disapprove, consistent with legislative policy and
2930	intent, any or all of the items and amounts certified by the
2931	head of the affected state agency and shall approve all items
2932	and amounts certified by the Chief Justice of the Supreme Court
2933	for the judicial branch and by the legislative branch and shall
2934	furnish the Chief Financial Officer, the legislative
2935	appropriations committees, and the Auditor General a detailed
2936	listing of the items and amounts approved as legal encumbrances
2937	against the undisbursed balance of such appropriation. The
2938	review shall assure that trust funds have been fully maximized.
2939	Any such encumbered balance remaining undisbursed on December 31
2940	of the same calendar year in which such certification was made
2941	shall revert to the fund from which appropriated, except as
2942	provided in subsection (3), and shall be available for
2943	reappropriation by the Legislature. In the event such
2944	certification is not made and an obligation is proven to be
2945	legal, due, and unpaid, then the obligation shall be paid and
2946	charged to the appropriation for the current fiscal year of the
2947	state agency or the legislative or judicial branch affected.
2948	(b)  Any balance of any appropriation, except an
2949	appropriation for fixed capital outlay, for any given fiscal
2950	year remaining after charging against it any lawful expenditure
2951	shall revert to the fund from which appropriated and shall be
2952	available for reappropriation by the Legislature.
2953	(c)  Each department and the judicial branch shall maintain
2954	the integrity of the General Revenue Fund. Appropriations from
2955	the General Revenue Fund contained in the original approved
2956	budget may be transferred to the proper trust fund for
2957	disbursement. Any reversion of appropriation balances from
2958	programs which receive funding from the General Revenue Fund and
2959	trust funds shall be transferred to the General Revenue Fund
2960	within 15 days after such reversion, unless otherwise provided
2961	by federal or state law, including the General Appropriations
2962	Act. The Executive Office of the Governor or the Chief Justice
2963	of the Supreme Court shall determine the state agency or
2964	judicial branch programs which are subject to this paragraph.
2965	This determination shall be subject to the legislative
2966	consultation and objection process in this chapter. The
2967	Education Enhancement Trust Fund shall not be subject to the
2968	provisions of this section.
2969	(2)(a)  The balance of any appropriation for fixed capital
2970	outlay which is not disbursed but expended, contracted, or
2971	committed to be expended prior to February 1 of the second
2972	fiscal year of the appropriation, or the third fiscal year if it
2973	is for an educational facility as defined in chapter 1013 or for
2974	a construction project of a state university, shall be certified
2975	by the head of the affected state agency or the legislative or
2976	judicial branch on February 1 to the Executive Office of the
2977	Governor, showing in detail the commitment or to whom obligated
2978	and the amount of the commitment or obligation. The Executive
2979	Office of the Governor for the executive branch and the Chief
2980	Justice for the judicial branch shall review and approve or
2981	disapprove, consistent with criteria jointly developed by the
2982	Executive Office of the Governor and the legislative
2983	appropriations committees, the continuation of such unexpended
2984	balances. The Executive Office of the Governor shall, no later
2985	than February 20 of each year, furnish the Chief Financial
2986	Officer, the legislative appropriations committees, and the
2987	Auditor General a report listing in detail the items and amounts
2988	reverting under the authority of this subsection, including the
2989	fund to which reverted and the agency affected.
2990	(b)  The certification required in this subsection shall be
2991	in the form and on the date approved by the Executive Office of
2992	the Governor. Any balance that is not certified shall revert to
2993	the fund from which it was appropriated and be available for
2994	reappropriation.
2995	(c)  The balance of any appropriation for fixed capital
2996	outlay certified forward under paragraph (a) which is not
2997	disbursed but expended, contracted, or committed to be expended
2998	prior to the end of the second fiscal year of the appropriation,
2999	or the third fiscal year if it is for an educational facility as
3000	defined in chapter 1013 or for a construction project of a state
3001	university, and any subsequent fiscal year, shall be certified
3002	by the head of the affected state agency or the legislative or
3003	judicial branch on or before August 1 of each year to the
3004	Executive Office of the Governor, showing in detail the
3005	commitment or to whom obligated and the amount of such
3006	commitment or obligation. On or before September 1 of each year,
3007	the Executive Office of the Governor shall review and approve or
3008	disapprove, consistent with legislative policy and intent, any
3009	or all of the items and amounts certified by the head of the
3010	affected state agency and shall approve all items and amounts
3011	certified by the Chief Justice of the Supreme Court and by the
3012	legislative branch and shall furnish the Chief Financial
3013	Officer, the legislative appropriations committees, and the
3014	Auditor General a detailed listing of the items and amounts
3015	approved as legal encumbrances against the undisbursed balances
3016	of such appropriations. If such certification is not made and
3017	the balance of the appropriation has reverted and the obligation
3018	is proven to be legal, due, and unpaid, the obligation shall be
3019	presented to the Legislature for its consideration.
3020	(3)  The President of the Senate and the Speaker of the
3021	House of Representatives may notify the Executive Office of the
3022	Governor to retain certified-forward balances from legislative
3023	budget entities until June 30 of the following fiscal year.
3024	(2)(a)  Any balance of any appropriation for fixed capital
3025	outlay not disbursed but expended or contracted or committed to
3026	be expended shall, at the end of each fiscal year, be certified
3027	by the head of the affected state agency or the legislative or
3028	judicial branch, on or before August 1 of each year, to the
3029	Executive Office of the Governor, showing in detail the
3030	commitment or to whom obligated and the amount of such
3031	commitment or obligation. On or before September 1 of each year,
3032	the Executive Office of the Governor shall review and approve or
3033	disapprove, consistent with legislative policy and intent, any
3034	or all of the items and amounts certified by the head of the
3035	affected state agency and shall approve all items and amounts
3036	certified by the Chief Justice of the Supreme Court and by the
3037	legislative branch and shall furnish the Chief Financial
3038	Officer, the legislative appropriations committees, and the
3039	Auditor General a detailed listing of the items and amounts
3040	approved as legal encumbrances against the undisbursed balances
3041	of such appropriations. In the event such certification is not
3042	made and the balance of the appropriation has reverted and the
3043	obligation is proven to be legal, due, and unpaid, then the same
3044	shall be presented to the Legislature for its consideration.
3045	(b)  Such certification as herein required shall be in the
3046	form and on the date approved by the Executive Office of the
3047	Governor. Any balance not so certified shall revert to the fund
3048	from which appropriated and shall be available for
3049	reappropriation.
3050	(3)  Notwithstanding the provisions of subsection (2), the
3051	unexpended balance of any appropriation for fixed capital outlay
3052	subject to but not under the terms of a binding contract or a
3053	general construction contract prior to February 1 of the second
3054	fiscal year, or the third fiscal year if it is for an
3055	educational facility as defined in chapter 1013 or a
3056	construction project of a state university, of the appropriation
3057	shall revert on February 1 of such year to the fund from which
3058	appropriated and shall be available for reappropriation. The
3059	Executive Office of the Governor shall, not later than February
3060	20 of each year, furnish the Chief Financial Officer, the
3061	legislative appropriations committees, and the Auditor General a
3062	report listing in detail the items and amounts reverting under
3063	the authority of this subsection, including the fund to which
3064	reverted and the agency affected.
3065	Section 40.  Effective July 1, 2006, subsection (1) of
3066	section 216.301, Florida Statutes, as amended by this act, is
3067	amended to read:
3068	216.301  Appropriations; undisbursed balances.--
3069	(1)(a)  Any balance of any appropriation, except an
3070	appropriation for fixed capital outlay, which is not disbursed
3071	but which is expended or contracted to be expended shall, at the
3072	end of each fiscal year, be certified by the head of the
3073	affected state agency or the judicial or legislative branches,
3074	on or before August 1 of each year, to the Executive Office of
3075	the Governor, showing in detail the obligees to whom obligated
3076	and the amounts of such obligations. On or before September 1 of
3077	each year, the Executive Office of the Governor shall review and
3078	approve or disapprove, consistent with legislative policy and
3079	intent, any or all of the items and amounts certified by the
3080	head of the affected state agency and shall approve all items
3081	and amounts certified by the Chief Justice of the Supreme Court
3082	for the judicial branch and by the legislative branch and shall
3083	furnish the Chief Financial Officer, the legislative
3084	appropriations committees, and the Auditor General a detailed
3085	listing of the items and amounts approved as legal encumbrances
3086	against the undisbursed balance of such appropriation. The
3087	review shall assure that trust funds have been fully maximized.
3088	Any such encumbered balance remaining undisbursed on September
3089	30 December 31 of the same calendar year in which such
3090	certification was made shall revert to the fund from which
3091	appropriated, except as provided in subsection (3), and shall be
3092	available for reappropriation by the Legislature. In the event
3093	such certification is not made and an obligation is proven to be
3094	legal, due, and unpaid, then the obligation shall be paid and
3095	charged to the appropriation for the current fiscal year of the
3096	state agency or the legislative or judicial branch affected.
3097	(b)  Any balance of any appropriation, except an
3098	appropriation for fixed capital outlay, for any given fiscal
3099	year remaining after charging against it any lawful expenditure
3100	shall revert to the fund from which appropriated and shall be
3101	available for reappropriation by the Legislature.
3102	(c)  Each department and the judicial branch shall maintain
3103	the integrity of the General Revenue Fund. Appropriations from
3104	the General Revenue Fund contained in the original approved
3105	budget may be transferred to the proper trust fund for
3106	disbursement. Any reversion of appropriation balances from
3107	programs which receive funding from the General Revenue Fund and
3108	trust funds shall be transferred to the General Revenue Fund
3109	within 15 days after such reversion, unless otherwise provided
3110	by federal or state law, including the General Appropriations
3111	Act. The Executive Office of the Governor or the Chief Justice
3112	of the Supreme Court shall determine the state agency or
3113	judicial branch programs which are subject to this paragraph.
3114	This determination shall be subject to the legislative
3115	consultation and objection process in this chapter. The
3116	Education Enhancement Trust Fund shall not be subject to the
3117	provisions of this section.
3118	Section 41.  Subsection (3) of section 218.60, Florida
3119	Statutes, is amended to read:
3120	218.60  Definitions.--
3121	(3)  All estimates of moneys provided pursuant to this part
3122	utilized by participating units of local government in the first
3123	year of participation shall be equal to 95 percent of those
3124	projections made by the revenue estimating conference and
3125	provided to local governments by the Office of Economic and
3126	Demographic Research, in consultation with the Department of
3127	Revenue.
3128	Section 42.  Subsection (2) of section 252.37, Florida
3129	Statutes, is amended to read:
3130	252.37  Financing.--
3131	(2)  It is the legislative intent that the first recourse
3132	be made to funds regularly appropriated to state and local
3133	agencies. If the Governor finds that the demands placed upon
3134	these funds in coping with a particular disaster declared by the
3135	Governor as a state of emergency are unreasonably great, she or
3136	he may make funds available by transferring and expending moneys
3137	appropriated for other purposes, by transferring and expending
3138	moneys out of any unappropriated surplus funds, or from the
3139	Budget Stabilization Fund or Working Capital Fund. Following the
3140	expiration or termination of the state of emergency, the
3141	Governor may process a budget amendment under the notice and
3142	review procedures set forth in s. 216.177 to transfer moneys to
3143	satisfy the budget authority granted for such emergency.
3144	Section 43.  Subsection (3) of section 265.55, Florida
3145	Statutes, is amended to read:
3146	265.55  Claims.--
3147	(3)  The authorization for payment delineated in subsection
3148	(2) shall be forwarded to the Chief Financial Officer. The Chief
3149	Financial Officer shall take appropriate action to execute
3150	authorized payment of the claim from unobligated, unappropriated
3151	moneys in the General Revenue Working Capital Fund, as defined
3152	in s. 215.32.
3153	Section 44.  Subsection (5) of section 288.7091, Florida
3154	Statutes, is amended to read:
3155	288.7091  Duties of the Florida Black Business Investment
3156	Board, Inc.--The Florida Black Business Investment Board, Inc.,
3157	shall:
3158	(5)  Include in the criteria for loan decisions,
3159	occupational forecasting results set forth in s. 216.136(7)(9)
3160	which target high growth jobs;
3161	Section 45.  Subsection (5) of section 320.20, Florida
3162	Statutes, is amended to read:
3163	320.20  Disposition of license tax moneys.--The revenue
3164	derived from the registration of motor vehicles, including any
3165	delinquent fees and excluding those revenues collected and
3166	distributed under the provisions of s. 320.081, must be
3167	distributed monthly, as collected, as follows:
3168	(5)(a)  Except as provided in paragraph (c), the remainder
3169	of such revenues must be deposited in the State Transportation
3170	Trust Fund.
3171	(b)  The Chief Financial Officer each month shall deposit
3172	in the State Transportation Trust Fund an amount, drawn from
3173	other funds in the State Treasury which are not immediately
3174	needed or are otherwise in excess of the amount necessary to
3175	meet the requirements of the State Treasury, which when added to
3176	such remaining revenues each month will equal one-twelfth of the
3177	amount of the anticipated annual revenues to be deposited in the
3178	State Transportation Trust Fund under paragraph (a) as
3179	determined by the Chief Financial Officer after consultation
3180	with the estimated by the most recent revenue estimating
3181	conference held pursuant to s. 216.136(3). The transfers
3182	required hereunder may be suspended by action of the Legislative
3183	Budget Commission in the event of a significant shortfall of
3184	state revenues.
3185	(c)  In any month in which the remaining revenues derived
3186	from the registration of motor vehicles exceed one-twelfth of
3187	those anticipated annual remaining revenues as determined by the
3188	Chief Financial Officer after consultation with the revenue
3189	estimating conference, the excess shall be credited to those
3190	state funds in the State Treasury from which the amount was
3191	originally drawn, up to the amount which was deposited in the
3192	State Transportation Trust Fund under paragraph (b). A final
3193	adjustment must be made in the last months of a fiscal year so
3194	that the total revenue deposited in the State Transportation
3195	Trust Fund each year equals the amount derived from the
3196	registration of motor vehicles, less the amount distributed
3197	under subsection (1). For the purposes of this paragraph and
3198	paragraph (b), the term "remaining revenues" means all revenues
3199	deposited into the State Transportation Trust Fund under
3200	paragraph (a) and subsections (2) and (3). In order that
3201	interest earnings continue to accrue to the General Revenue
3202	Fund, the Department of Transportation may not invest an amount
3203	equal to the cumulative amount of funds deposited in the State
3204	Transportation Trust Fund under paragraph (b) less funds
3205	credited under this paragraph as computed on a monthly basis.
3206	The amounts to be credited under this and the preceding
3207	paragraph must be calculated and certified to the Chief
3208	Financial Officer by the Executive Office of the Governor.
3209	Section 46.  Section 337.023, Florida Statutes, is amended
3210	to read:
3211	337.023  Sale of building; acceptance of replacement
3212	building.--Notwithstanding the provisions of s.
3213	216.292(2)(b)2.(4)(b), if the department sells a building, the
3214	department may accept the construction of a replacement
3215	building, in response to a request for proposals, totally or
3216	partially in lieu of cash, and may do so without a specific
3217	legislative appropriation. Such action is subject to the
3218	approval of the Executive Office of the Governor, and is subject
3219	to the notice, review, and objection procedures under s.
3220	216.177. The replacement building shall be consistent with the
3221	current and projected needs of the department as agreed upon by
3222	the department and the Department of Management Services.
3223	Section 47.  Paragraph (a) of subsection (2), paragraphs
3224	(c) and (f) of subsection (6), and subsection (7) of section
3225	339.135, Florida Statutes, are amended to read:
3226	339.135  Work program; legislative budget request;
3227	definitions; preparation, adoption, execution, and amendment.--
3228	(2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST
3229	FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--
3230	(a)  The department shall file the legislative budget
3231	request in the manner required by chapter 216, setting forth the
3232	department's proposed revenues and expenditures for operational
3233	and fixed capital outlay needs to accomplish the objectives of
3234	the department in the ensuing fiscal year. The right-of-way,
3235	construction, preliminary engineering, maintenance, and all
3236	grants and aids programs of the department shall be set forth
3237	only in program totals. The legislative budget request must
3238	include a balanced 36-month forecast of cash and expenditures
3239	and a 5-year finance plan. The legislative budget request shall
3240	be amended to conform to the tentative work program. Prior to
3241	the submission of the tentative work program pursuant to s.
3242	339.135(4)(f), the department may amend its legislative budget
3243	request and the tentative work program for based on the most
3244	recent estimating conference estimate of revenues and the most
3245	recent federal aid apportionments.
3246	(6)  EXECUTION OF THE BUDGET.--
3247	(c)  Notwithstanding the provisions of ss. 216.301(2)(3)
3248	and 216.351, any unexpended balance remaining at the end of the
3249	fiscal year in the appropriations to the department for special
3250	categories; aid to local governments; lump sums for project
3251	phases which are part of the adopted work program, and for which
3252	contracts have been executed or bids have been let; and for
3253	right-of-way land acquisition and relocation assistance for
3254	parcels from project phases in the adopted work program for
3255	which appraisals have been completed and approved, may be
3256	certified forward as fixed capital outlay at the end of each
3257	fiscal year, to be certified by the head of the state agency on
3258	or before August 1 of each year to the Executive Office of the
3259	Governor, showing in detail the commitment or to whom obligated
3260	and the amount of such commitment or obligation. On or before
3261	September 1 of each year, the Executive Office of the Governor
3262	shall review and approve or disapprove, consistent with
3263	legislative policy and intent, any or all of the items and
3264	amounts certified by the head of the state agency and shall
3265	furnish the Chief Financial Officer, the legislative
3266	appropriations committees, and the Auditor General a detailed
3267	listing of the items and amounts approved as legal encumbrances
3268	against the undisbursed balances of such appropriations. In the
3269	event such certification is not made and the balance of the
3270	appropriation has reverted and the obligation is proven to be
3271	legal, due, and unpaid, then the same shall be presented to the
3272	Legislature for its consideration. Such certification as herein
3273	required shall be in the form and on the date approved by the
3274	Executive Office of the Governor under the provisions of s.
3275	216.301(2)(a). Any project phases in the adopted work program
3276	not certified forward under the provisions of s. 216.301(2)(a)
3277	shall be available for roll forward for the next fiscal year of
3278	the adopted work program. Spending authority associated with
3279	such project phases may be rolled forward to the next fiscal
3280	year upon approval by the Legislative Budget Commission pursuant
3281	to paragraph (f). Increases in spending authority shall be
3282	limited to amounts of unexpended balances by appropriation
3283	category. Any project phase certified forward for which bids
3284	have been let but subsequently rejected shall be available for
3285	roll forward in the adopted work program for the next fiscal
3286	year. Spending authority associated with such project phases may
3287	be rolled forward into the current year from funds certified
3288	forward pursuant to paragraph (f). The amount certified forward
3289	may include contingency allowances for right-of-way acquisition
3290	and relocation, asphalt and petroleum product escalation
3291	clauses, and contract overages, which allowances shall be
3292	separately identified in the certification detail. Right-of-way
3293	acquisition and relocation and contract overages contingency
3294	allowances shall be based on documented historical patterns.
3295	These contingency amounts shall be incorporated in the
3296	certification for each specific category, but when a category
3297	has an excess and another category has a deficiency, the
3298	Executive Office of the Governor is authorized to transfer the
3299	excess to the deficient account.
3300	(f)  Notwithstanding the provisions of ss. 216.181(1),
3301	216.292, and 216.351, the Executive Office of the Governor may
3302	amend that portion of the department's original approved fixed
3303	capital outlay budget which comprises the work program pursuant
3304	to subsection (7). Increase in spending authority in paragraph
3305	(c) shall be limited to amounts of unexpended balances by
3306	appropriation category.
3307	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
3308	(a)  Notwithstanding the provisions of ss. 216.181(1),
3309	216.292, and 216.351, the adopted work program may be amended
3310	only pursuant to the provisions of this subsection.
3311	(b)  The department may not transfer any funds for any
3312	project or project phase between department districts. However,
3313	a district secretary may agree to a loan of funds to another
3314	district, if:
3315	1.  The funds are used solely to maximize the use or amount
3316	of funds available to the state;
3317	2.  The loan agreement is executed in writing and is signed
3318	by the district secretaries of the respective districts;
3319	3.  Repayment of the loan is to be made within 3 years
3320	after the date on which the agreement was entered into; and
3321	4.  The adopted work program of the district loaning the
3322	funds would not be substantially impaired if the loan were made,
3323	according to the district secretary.
3324
3325	The loan constitutes an amendment to the adopted work program
3326	and is subject to the procedures specified in paragraph (b) (c).
3327	(c)  The department may amend the adopted work program to
3328	transfer fixed capital outlay appropriations for projects within
3329	the same appropriations category or between appropriations
3330	categories, including department, except that the following
3331	amendments which shall be subject to the procedures in paragraph
3332	(d):
3333	1.  Any amendment which deletes any project or project
3334	phase;
3335	2.  Any amendment which adds a project estimated to cost
3336	over $150,000 in funds appropriated by the Legislature;
3337	3.  Any amendment which advances or defers to another
3338	fiscal year, a right-of-way phase, a construction phase, or a
3339	public transportation project phase estimated to cost over
3340	$500,000 in funds appropriated by the Legislature, except an
3341	amendment advancing or deferring a phase for a period of 90 days
3342	or less; or
3343	4.  Any amendment which advances or defers to another
3344	fiscal year, any preliminary engineering phase or design phase
3345	estimated to cost over $150,000 in funds appropriated by the
3346	Legislature, except an amendment advancing or deferring a phase
3347	for a period of 90 days or less.
3348	(d)1.  Whenever the department proposes any amendment to
3349	the adopted work program, which amendment is defined in
3350	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
3351	subparagraph (c)4., it shall submit the proposed amendment to
3352	the Governor for approval and shall immediately notify the
3353	chairs of the legislative appropriations committees, the chairs
3354	of the legislative transportation committees, each member of the
3355	Legislature who represents a district affected by the proposed
3356	amendment, each metropolitan planning organization affected by
3357	the proposed amendment, and each unit of local government
3358	affected by the proposed amendment. Such proposed amendment
3359	shall provide a complete justification of the need for the
3360	proposed amendment.
3361	2.  The Governor shall not approve a proposed amendment
3362	until 14 days following the notification required in
3363	subparagraph 1.
3364	3.  If either of the chairs of the legislative
3365	appropriations committees or the President of the Senate or the
3366	Speaker of the House of Representatives objects in writing to a
3367	proposed amendment within 14 days following notification and
3368	specifies the reasons for such objection, the Governor shall
3369	disapprove the proposed amendment or shall submit the proposed
3370	amendment to the Administration Commission. The proposed
3371	amendment may be approved by the Administration Commission by a
3372	two-thirds vote of the members present with the Governor voting
3373	in the affirmative. In the absence of approval by the
3374	commission, the proposed amendment shall be automatically
3375	disapproved.
3376	(e)  Notwithstanding the requirements in paragraphs
3377	paragraph (d) and (g) and ss. 216.177(2) and 216.351, the
3378	secretary may request the Executive Office of the Governor to
3379	amend the adopted work program when an emergency exists, as
3380	defined in s. 252.34(3), and the emergency relates to the repair
3381	or rehabilitation of any state transportation facility. The
3382	Executive Office of the Governor may approve the amendment to
3383	the adopted work program and amend that portion of the
3384	department's approved budget in the event that the delay
3385	incident to the notification requirements in paragraph (d) would
3386	be detrimental to the interests of the state. However, the
3387	department shall immediately notify the parties specified in
3388	paragraph (d) and shall provide such parties written
3389	justification for the emergency action within 7 days of the
3390	approval by the Executive Office of the Governor of the
3391	amendment to the adopted work program and the department's
3392	budget. In no event may the adopted work program be amended
3393	under the provisions of this subsection without the
3394	certification by the comptroller of the department that there
3395	are sufficient funds available pursuant to the 36-month cash
3396	forecast and applicable statutes.
3397	(f)  The department may authorize the investment of the
3398	earnings accrued and collected upon the investment of the
3399	minimum balance of funds required to be maintained in the State
3400	Transportation Trust Fund pursuant to paragraph (b). Such
3401	investment shall be limited as provided in s. 288.9607(7).
3402	(g)  Any work program amendment which also requires the
3403	transfer of fixed capital outlay appropriations between
3404	categories within the department or the increase of an
3405	appropriation category is subject to the approval of the
3406	Legislative Budget Commission. If a meeting of the Legislative
3407	Budget Commission cannot be held within 30 days of the
3408	department submitting an amendment to the Legislative Budget
3409	Commission, then the chair and vice chair of the Legislative
3410	Budget Commission may authorize such amendment to be approved
3411	pursuant to the provisions of s. 216.177.
3412	Section 48.  Subsection (2) of section 373.6065, Florida
3413	Statutes, is amended to read:
3414	373.6065  Adoption benefits for water management district
3415	employees.--
3416	(2)  The Chief Financial Officer and the Department of
3417	Management Services shall transfer funds to water management
3418	districts to pay eligible water management district employees
3419	for these child adoption monetary benefits in accordance with s.
3420	215.32(2)(c)5.(1)(c)5., as long as funds remain available for
3421	the program described under s. 110.152.
3422	Section 49.  Subsection (3) of section 381.0303, Florida
3423	Statutes, is amended to read:
3424	381.0303  Health practitioner recruitment for special needs
3425	shelters.--
3426	(3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The
3427	Department of Health shall reimburse, subject to the
3428	availability of funds for this purpose, health care
3429	practitioners, as defined in s. 456.001, provided the
3430	practitioner is not providing care to a patient under an
3431	existing contract, and emergency medical technicians and
3432	paramedics licensed pursuant to chapter 401 for medical care
3433	provided at the request of the department in special needs
3434	shelters or at other locations during times of emergency or
3435	major disaster. Reimbursement for health care practitioners,
3436	except for physicians licensed pursuant to chapter 458 or
3437	chapter 459, shall be based on the average hourly rate that such
3438	practitioners were paid according to the most recent survey of
3439	Florida hospitals conducted by the Florida Hospital Association.
3440	Reimbursement shall be requested on forms prepared by the
3441	Department of Health. If a Presidential Disaster Declaration has
3442	been made, and the Federal Government makes funds available, the
3443	department shall use such funds for reimbursement of eligible
3444	expenditures. In other situations, or if federal funds do not
3445	fully compensate the department for reimbursement made pursuant
3446	to this section, the department shall process submit to the
3447	Cabinet or Legislature, as appropriate, a budget amendment to
3448	obtain reimbursement from unobligated, unappropriated moneys in
3449	the General Revenue working capital Fund. Travel expense and per
3450	diem costs shall be reimbursed pursuant to s. 112.061.
3451	Section 50.  Subsection (3) of section 392.69, Florida
3452	Statutes, is amended to read:
3453	392.69  Appropriation, sinking, and maintenance trust
3454	funds; additional powers of the department.--
3455	(3)  In the execution of its public health program
3456	functions, notwithstanding s. 216.292(2)(b)2.(4)(b), the
3457	department is hereby authorized to use any sums of money which
3458	it may heretofore have saved or which it may hereafter save from
3459	its regular operating appropriation, or use any sums of money
3460	acquired by gift or grant, or any sums of money it may acquire
3461	by the issuance of revenue certificates of the hospital to match
3462	or supplement any state or federal funds, or any moneys received
3463	by said department by gift or otherwise, for the construction or
3464	maintenance of additional facilities or improvement to existing
3465	facilities, as the department deems necessary.
3466	Section 51.  Subsection (5) of section 409.906, Florida
3467	Statutes, is amended to read:
3468	409.906  Optional Medicaid services.--Subject to specific
3469	appropriations, the agency may make payments for services which
3470	are optional to the state under Title XIX of the Social Security
3471	Act and are furnished by Medicaid providers to recipients who
3472	are determined to be eligible on the dates on which the services
3473	were provided. Any optional service that is provided shall be
3474	provided only when medically necessary and in accordance with
3475	state and federal law. Optional services rendered by providers
3476	in mobile units to Medicaid recipients may be restricted or
3477	prohibited by the agency. Nothing in this section shall be
3478	construed to prevent or limit the agency from adjusting fees,
3479	reimbursement rates, lengths of stay, number of visits, or
3480	number of services, or making any other adjustments necessary to
3481	comply with the availability of moneys and any limitations or
3482	directions provided for in the General Appropriations Act or
3483	chapter 216. If necessary to safeguard the state's systems of
3484	providing services to elderly and disabled persons and subject
3485	to the notice and review provisions of s. 216.177, the Governor
3486	may direct the Agency for Health Care Administration to amend
3487	the Medicaid state plan to delete the optional Medicaid service
3488	known as "Intermediate Care Facilities for the Developmentally
3489	Disabled." Optional services may include:
3490	(5)  CASE MANAGEMENT SERVICES.--The agency may pay for
3491	primary care case management services rendered to a recipient
3492	pursuant to a federally approved waiver, and targeted case
3493	management services for specific groups of targeted recipients,
3494	for which funding has been provided and which are rendered
3495	pursuant to federal guidelines. The agency is authorized to
3496	limit reimbursement for targeted case management services in
3497	order to comply with any limitations or directions provided for
3498	in the General Appropriations Act. Notwithstanding s. 216.292,
3499	the Department of Children and Family Services may transfer
3500	general funds to the Agency for Health Care Administration to
3501	fund state match requirements exceeding the amount specified in
3502	the General Appropriations Act for targeted case management
3503	services.
3504	Section 52.  Subsection (11) of section 409.912, Florida
3505	Statutes, is amended to read:
3506	409.912  Cost-effective purchasing of health care.--The
3507	agency shall purchase goods and services for Medicaid recipients
3508	in the most cost-effective manner consistent with the delivery
3509	of quality medical care. To ensure that medical services are
3510	effectively utilized, the agency may, in any case, require a
3511	confirmation or second physician's opinion of the correct
3512	diagnosis for purposes of authorizing future services under the
3513	Medicaid program. This section does not restrict access to
3514	emergency services or poststabilization care services as defined
3515	in 42 C.F.R. part 438.114. Such confirmation or second opinion
3516	shall be rendered in a manner approved by the agency. The agency
3517	shall maximize the use of prepaid per capita and prepaid
3518	aggregate fixed-sum basis services when appropriate and other
3519	alternative service delivery and reimbursement methodologies,
3520	including competitive bidding pursuant to s. 287.057, designed
3521	to facilitate the cost-effective purchase of a case-managed
3522	continuum of care. The agency shall also require providers to
3523	minimize the exposure of recipients to the need for acute
3524	inpatient, custodial, and other institutional care and the
3525	inappropriate or unnecessary use of high-cost services. The
3526	agency may mandate prior authorization, drug therapy management,
3527	or disease management participation for certain populations of
3528	Medicaid beneficiaries, certain drug classes, or particular
3529	drugs to prevent fraud, abuse, overuse, and possible dangerous
3530	drug interactions. The Pharmaceutical and Therapeutics Committee
3531	shall make recommendations to the agency on drugs for which
3532	prior authorization is required. The agency shall inform the
3533	Pharmaceutical and Therapeutics Committee of its decisions
3534	regarding drugs subject to prior authorization. The agency is
3535	authorized to limit the entities it contracts with or enrolls as
3536	Medicaid providers by developing a provider network through
3537	provider credentialing. The agency may limit its network based
3538	on the assessment of beneficiary access to care, provider
3539	availability, provider quality standards, time and distance
3540	standards for access to care, the cultural competence of the
3541	provider network, demographic characteristics of Medicaid
3542	beneficiaries, practice and provider-to-beneficiary standards,
3543	appointment wait times, beneficiary use of services, provider
3544	turnover, provider profiling, provider licensure history,
3545	previous program integrity investigations and findings, peer
3546	review, provider Medicaid policy and billing compliance records,
3547	clinical and medical record audits, and other factors. Providers
3548	shall not be entitled to enrollment in the Medicaid provider
3549	network. The agency is authorized to seek federal waivers
3550	necessary to implement this policy.
3551	(11)  The agency, after notifying the Legislature, may
3552	apply for waivers of applicable federal laws and regulations as
3553	necessary to implement more appropriate systems of health care
3554	for Medicaid recipients and reduce the cost of the Medicaid
3555	program to the state and federal governments and shall implement
3556	such programs, after legislative approval, within a reasonable
3557	period of time after federal approval. These programs must be
3558	designed primarily to reduce the need for inpatient care,
3559	custodial care and other long-term or institutional care, and
3560	other high-cost services.
3561	(a)  Prior to seeking legislative approval of such a waiver
3562	as authorized by this subsection, the agency shall provide
3563	notice and an opportunity for public comment. Notice shall be
3564	provided to all persons who have made requests of the agency for
3565	advance notice and shall be published in the Florida
3566	Administrative Weekly not less than 28 days prior to the
3567	intended action.
3568	(b)  Notwithstanding s. 216.292, funds that are
3569	appropriated to the Department of Elderly Affairs for the
3570	Assisted Living for the Elderly Medicaid waiver and are not
3571	expended shall be transferred to the agency to fund Medicaid-
3572	reimbursed nursing home care.
3573	Section 53.  Section 409.16745, Florida Statutes, is
3574	amended to read:
3575	409.16745  Community partnership matching grant
3576	program.--It is the intent of the Legislature to improve
3577	services and local participation in community-based care
3578	initiatives by fostering community support and providing
3579	enhanced prevention and in-home services, thereby reducing the
3580	risk otherwise faced by lead agencies. There is established a
3581	community partnership matching grant program to be operated by
3582	the Department of Children and Family Services for the purpose
3583	of encouraging local participation in community-based care for
3584	child welfare. Any children's services council or other local
3585	government entity that makes a financial commitment to a
3586	community-based care lead agency is eligible for a grant upon
3587	proof that the children's services council or local government
3588	entity has provided the selected lead agency at least $250,000
3589	from any local resources otherwise available to it. The total
3590	amount of local contribution may be matched on a two-for-one
3591	basis up to a maximum amount of $2 million per council or local
3592	government entity. Awarded matching grant funds may be used for
3593	any prevention or in-home services provided by the children's
3594	services council or other local government entity that meets
3595	temporary-assistance-for-needy-families' eligibility
3596	requirements and can be reasonably expected to reduce the number
3597	of children entering the child welfare system. To ensure
3598	necessary flexibility for the development, start up, and ongoing
3599	operation of community-based care initiatives, the notice period
3600	required for any budget action authorized by the provisions of
3601	s. 20.19(5)(b), is waived for the family safety program;
3602	however, the Department of Children and Family Services must
3603	provide copies of all such actions to the Executive Office of
3604	the Governor and Legislature within 72 hours of their
3605	occurrence. Funding available for the matching grant program is
3606	subject to legislative appropriation of nonrecurring funds
3607	provided for the purpose.
3608	Section 54.  Subsection (2) of section 468.392, Florida
3609	Statutes, is amended to read:
3610	468.392  Auctioneer Recovery Fund.--There is created the
3611	Auctioneer Recovery Fund as a separate account in the
3612	Professional Regulation Trust Fund. The fund shall be
3613	administered by the Florida Board of Auctioneers.
3614	(2)  All payments and disbursements from the Auctioneer
3615	Recovery Fund shall be made by the Chief Financial Officer upon
3616	a voucher signed by the Secretary of Business and Professional
3617	Regulation or the secretary's designee. Amounts transferred to
3618	the Auctioneer Recovery Fund shall not be subject to any
3619	limitation imposed by an appropriation act of the Legislature.
3620	Section 55.  Subsection (6) of section 475.484, Florida
3621	Statutes, is amended to read:
3622	475.484  Payment from the fund.--
3623	(6)  All payments and disbursements from the Real Estate
3624	Recovery Fund shall be made by the Chief Financial Officer upon
3625	a voucher signed by the secretary of the department. Amounts
3626	transferred to the Real Estate Recovery Fund shall not be
3627	subject to any limitation imposed by an appropriation act of the
3628	Legislature.
3629	Section 56.  Paragraph (b) of subsection (7) of section
3630	631.141, Florida Statutes, is amended to read:
3631	631.141  Conduct of delinquency proceeding; domestic and
3632	alien insurers.--
3633	(7)
3634	(b)  In the event that initiation of delinquency
3635	proceedings does not result in appointment of the department as
3636	receiver, or in the event that the funds or assets of an insurer
3637	for which the department is appointed as receiver are
3638	insufficient to cover the cost of compensation to special
3639	agents, counsel, clerks, or assistants and all expenses of
3640	taking, or attempting to take, possession of the insurer, and of
3641	conducting the proceeding, there is appropriated, upon approval
3642	of the Chief Financial Officer and of the Legislative Budget
3643	Commission pursuant to chapter 216, from the Insurance
3644	Regulation Trust Fund to the Division of Rehabilitation and
3645	Liquidation a sum that is sufficient to cover the unreimbursed
3646	costs.
3647	Section 57.  Paragraph (b) of subsection (9) of section
3648	921.001, Florida Statutes, is amended to read:
3649	921.001  Sentencing Commission and sentencing guidelines
3650	generally.--
3651	(9)
3652	(b)  On or after January 1, 1994, any legislation which:
3653	1.  Creates a felony offense;
3654	2.  Enhances a misdemeanor offense to a felony offense;
3655	3.  Moves a felony offense from a lesser offense severity
3656	level to a higher offense severity level in the offense severity
3657	ranking chart in s. 921.0012; or
3658	4.  Reclassifies an existing felony offense to a greater
3659	felony classification
3660
3661	must provide that such a change result in a net zero sum impact
3662	in the overall prison population, as determined by the
3663	Legislature, considering the most recent estimates of the
3664	Criminal Justice Estimating Conference, unless the legislation
3665	contains a funding source sufficient in its base or rate to
3666	accommodate such change or a provision which specifically
3667	abrogates the application of this paragraph.
3668	Section 58.  Subsection (3) of section 943.61, Florida
3669	Statutes, is amended to read:
3670	943.61  Powers and duties of the Capitol Police.--
3671	(3)  Notwithstanding the provisions of chapter 216, no
3672	assets, personnel, or resources shall be taken from the Capitol
3673	Police, and no appropriation to the Capitol Police shall be
3674	reduced without the express approval of the Governor and the
3675	Legislative Budget Commission. Nothing herein limits the ability
3676	of the Capitol Police to provide mutual aid to other law
3677	enforcement agencies as authorized by law unless such a
3678	limitation is expressly included in the operational security
3679	plans provided for herein.
3680	Section 59.  Paragraph (a) of subsection (4) of section
3681	1003.03, Florida Statutes, is amended to read:
3682	1003.03  Maximum class size.--
3683	(4)  ACCOUNTABILITY.--
3684	(a)  Beginning in the 2003-2004 fiscal year, if the
3685	department determines for any year that a school district has
3686	not reduced average class size as required in subsection (2) at
3687	the time of the third FEFP calculation, the department shall
3688	calculate an amount from the class size reduction operating
3689	categorical which is proportionate to the amount of class size
3690	reduction not accomplished. Upon verification of the
3691	department's calculation by the Florida Education Finance
3692	Program Appropriation Allocation Conference, the Executive
3693	Office of the Governor shall transfer undistributed funds
3694	equivalent to the calculated amount from the district's class
3695	size reduction operating categorical to an approved fixed
3696	capital outlay appropriation for class size reduction in the
3697	affected district pursuant to s. 216.292(2)(d)(13). The amount
3698	of funds transferred shall be the lesser of the amount verified
3699	by the Florida Education Finance Program Appropriation
3700	Allocation Conference or the undistributed balance of the
3701	district's class size reduction operating categorical. However,
3702	based upon a recommendation by the Commissioner of Education
3703	that the State Board of Education has reviewed evidence
3704	indicating that a district has been unable to meet class size
3705	reduction requirements despite appropriate effort to do so, the
3706	Legislative Budget Commission may approve an alternative amount
3707	of funds to be transferred from the district's class size
3708	reduction operating categorical to its approved fixed capital
3709	outlay account for class size reduction.
3710	Section 60.  Paragraph (a) of subsection (1) of section
3711	1009.536, Florida Statutes, is amended to read:
3712	1009.536  Florida Gold Seal Vocational Scholars award.--The
3713	Florida Gold Seal Vocational Scholars award is created within
3714	the Florida Bright Futures Scholarship Program to recognize and
3715	reward academic achievement and career preparation by high
3716	school students who wish to continue their education.
3717	(1)  A student is eligible for a Florida Gold Seal
3718	Vocational Scholars award if the student meets the general
3719	eligibility requirements for the Florida Bright Futures
3720	Scholarship Program and the student:
3721	(a)  Completes the secondary school portion of a sequential
3722	program of studies that requires at least three secondary school
3723	career credits taken over at least 2 academic years, and is
3724	continued in a planned, related postsecondary education program.
3725	If the student's school does not offer such a two-plus-two or
3726	tech-prep program, the student must complete a job-preparatory
3727	career education program selected by the Workforce Estimating
3728	Conference or Workforce Florida, Inc., for its ability to
3729	provide high-wage employment in an occupation with high
3730	potential for employment opportunities. On-the-job training may
3731	not be substituted for any of the three required career credits.
3732	Section 61.  Subsection (2) of section 1013.512, Florida
3733	Statutes, is amended to read:
3734	1013.512  Land Acquisition and Facilities Advisory Board.--
3735	(2)  If the director of the Office of Program Policy
3736	Analysis and Government Accountability (OPPAGA) or the Auditor
3737	General determines in a review or examination that significant
3738	deficiencies exist in a school district's land acquisition and
3739	facilities operational processes, he or she shall certify to the
3740	President of the Senate, the Speaker of the House of
3741	Representatives, the Legislative Budget Commission, and the
3742	Governor that the deficiency exists. Upon recommendation by the
3743	Governor, the Legislative Budget Commission shall approve or
3744	disapprove the placement of determine whether funds for the
3745	school district funds will be placed in reserve until the
3746	deficiencies are corrected.
3747	Section 62.  Any undisbursed appropriations made from the
3748	Working Capital Fund, previously created in s. 215.32, Florida
3749	Statutes, are reappropriated from unallocated moneys in the
3750	General Revenue Fund; any appropriations made to the Working
3751	Capital Fund are reappropriated to the General Revenue Fund; and
3752	any references to the Working Capital Fund in SB 2600 or SB
3753	2602, or similar legislation, shall be replaced with "the
3754	General Revenue Fund." It is the intent of the Legislature that
3755	the provisions of this section control in the event SB 2600 or
3756	SB 2602, or other similar legislation, are enacted subsequently
3757	during the 2005 Regular Session. This section expires July 1,
3758	2006.
3759	Section 63.  Sections 216.1825, 216.183, and 288.1234,
3760	Florida Statutes, are repealed.
3761	Section 64.  Except as otherwise provided herein, this act
3762	shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.