Florida Senate - 2009                                    SB 2694
       
       
       
       By Senator Alexander
       
       
       
       
       17-01682D-09                                          20092694__
    1                        A bill to be entitled                      
    2         An act relating to state financial matters; amending
    3         s. 216.292, F.S.; providing that certain transfers of
    4         appropriations by the head of an agency or the Chief
    5         Justice may be made only if specific authority is
    6         provided in the General Appropriations Act; amending
    7         s. 216.311, F.S.; prohibiting an agency or branch of
    8         state government from contracting to pay, without
    9         legislative authority, liquidated damages or any other
   10         moneys resulting from the breach or early termination
   11         of a contract or agreement, from contracting to pay
   12         interest because of insufficient budget authority to
   13         pay an obligation in the current year, or from
   14         obligating the state to make future payments to cover
   15         unpaid current payments; providing that such contracts
   16         are null and void; defining the terms “contract” and
   17         “agreement”; creating s. 216.312, F.S.; requiring the
   18         executive and judicial branch to notify the Governor
   19         and the Legislature before entering into contracts or
   20         agreements in excess of a certain amount, which
   21         authorize expenditures in anticipation of revenues, or
   22         for which payment is delayed for a certain time after
   23         expenditure; transferring, renumbering, and amending
   24         s. 287.0582, F.S.; requiring a state contract to
   25         identify the appropriation that funds the contract;
   26         providing an exception; expanding the statement that
   27         must be included in state contracts to include grounds
   28         for terminating the contract based on budget deficits;
   29         requiring the judicial branch to include the statement
   30         in its contracts; providing an exception; requiring
   31         the agency head or chief judge to sign contracts that
   32         exceed a certain amount; requiring the agency head or
   33         chief judge to review certain contracts and certify
   34         compliance with ch. 216, F.S.; providing that
   35         contracts in violation of these provisions are null
   36         and void; providing penalties; providing an effective
   37         date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsection (2) of section 216.292, Florida
   42  Statutes, is amended to read:
   43         216.292 Appropriations nontransferable; exceptions.—
   44         (2) If the Legislature grants a state agency or the
   45  judicial branch specific authority in the General Appropriations
   46  Act, the following transfers may be are authorized to be made by
   47  the head of the agency each department or the Chief Justice of
   48  the Supreme Court whenever it is deemed necessary by reason of
   49  changed conditions:
   50         (a) The transfer of appropriations funded from identical
   51  funding sources, except appropriations for fixed capital outlay,
   52  and the transfer of amounts included within the total original
   53  approved budget and plans of releases of appropriations as
   54  furnished pursuant to ss. 216.181 and 216.192, as follows:
   55         1. Between categories of appropriations within a budget
   56  entity, if no category of appropriation is increased or
   57  decreased by more than 5 percent of the original approved budget
   58  or $250,000, whichever is greater, by all action taken under
   59  this subsection.
   60         2. Between budget entities within identical categories of
   61  appropriations, if no category of appropriation is increased or
   62  decreased by more than 5 percent of the original approved budget
   63  or $250,000, whichever is greater, by all action taken under
   64  this subsection.
   65         3. Any agency exceeding salary rate established pursuant to
   66  s. 216.181(8) on June 30th of any fiscal year may shall not be
   67  authorized to make transfers pursuant to subparagraphs 1. and 2.
   68  in the subsequent fiscal year.
   69         4. Notice of proposed transfers under subparagraphs 1. and
   70  2. shall be provided to the Executive Office of the Governor and
   71  the chairs of the legislative appropriations committees at least
   72  3 days prior to agency implementation in order to provide an
   73  opportunity for review. The review is shall be limited to
   74  ensuring that the transfer is in compliance with the
   75  requirements of this paragraph.
   76         (b) After providing notice at least 5 working days prior to
   77  implementation:
   78         1. The transfer of funds within programs identified in the
   79  General Appropriations Act from identical funding sources
   80  between the following appropriation categories without
   81  limitation so long as such a transfer does not result in an
   82  increase, to the total recurring general revenue or trust fund
   83  cost of the agency or entity of the judicial branch in the
   84  subsequent fiscal year: other personal services, expenses,
   85  operating capital outlay, food products, state attorney and
   86  public defender operations, data processing services, operating
   87  and maintenance of patrol vehicles, overtime payments, salary
   88  incentive payments, compensation to retired judges, law
   89  libraries, and juror and witness payments.
   90         2. The transfer of funds and positions from identical
   91  funding sources between salaries and benefits appropriation
   92  categories within programs identified in the General
   93  Appropriations Act. Such transfers must be consistent with
   94  legislative policy and intent and may not adversely affect
   95  achievement of approved performance outcomes or outputs in any
   96  program.
   97         (c) The transfer of funds appropriated to accounts
   98  established for disbursement purposes upon release of such
   99  appropriation upon request of a department and approval by the
  100  Chief Financial Officer. Such transfer may only be made to the
  101  same appropriation category and the same funding source from
  102  which the funds are transferred.
  103         (d) The transfer of funds by the Executive Office of the
  104  Governor from appropriations for public school operations to a
  105  fixed capital outlay appropriation for class size reduction
  106  based on recommendations of the Florida Education Finance
  107  Program Appropriation Allocation Conference or the Legislative
  108  Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
  109  Governor under this subsection are subject to the notice and
  110  review provisions of s. 216.177.
  111         Section 2. Section 216.311, Florida Statutes, is amended to
  112  read:
  113         216.311 Unauthorized contracts in excess of appropriations;
  114  penalty.—
  115         (1) An No agency or branch of state government may not
  116  enter into any shall contract to spend, or enter into any
  117  agreement:
  118         (a) To spend, any moneys in excess of the amount
  119  appropriated to such agency or branch unless specifically
  120  authorized by law, and any contract or agreement in violation of
  121  this chapter shall be null and void.
  122         (b)That requires the state to pay liquidated damages or
  123  any other moneys resulting from a breach or early termination of
  124  a contract by such agency or branch unless the Legislature
  125  specifically authorizes the agency or branch by law to commit
  126  funds for the purpose of paying moneys for breach or early
  127  termination.
  128         (c)That requires the state to pay interest to another
  129  party because the agency or branch has insufficient budget
  130  authority to pay the underlying obligation of the contract or
  131  agreement in the current year.
  132         (d)That binds the state to make future-year payments to
  133  offset payments not made in the current year due to the
  134  insufficiency of current-year appropriations in order to pay for
  135  current-year costs under the contract or agreement, unless the
  136  Legislature expressly authorizes the agency or branch to enter
  137  into such contract or agreement.
  138         (2)Any contract or agreement in violation of this section
  139  is null and void.
  140         (3)(2) Any public officer or employee person who willfully
  141  enters into a contract or other agreement in violation of this
  142  section commits contracts to spend, or enters into an agreement
  143  to spend, any money in excess of the amount appropriated to the
  144  agency or branch for whom the contract or agreement is executed
  145  is guilty of a misdemeanor of the first degree, punishable as
  146  provided in s. 775.082 or s. 775.083.
  147         (4)For purposes of this section and ss. 216.312 and
  148  216.313, the terms “contract” and “agreement” include the
  149  initial contract or agreement, any amendment to the contract or
  150  agreement, and any extension or renewal of the contract or
  151  agreement.
  152         Section 3. Section 216.312, Florida Statutes, is created to
  153  read:
  154         216.312Reporting contract expenditures.—
  155         (1)At least 30 days before an executive or judicial branch
  156  public officer or employee enters into any contract or
  157  agreement, or any series of contracts or agreements between the
  158  same parties, on behalf of the state which requires payments by
  159  the state in excess of $5 million in any fiscal or calendar
  160  year, the officer or employee must notify the Governor, the
  161  President of the Senate, and the Speaker of the House of
  162  Representatives of the intent to enter into such contract or
  163  agreement or series of contracts or agreements.
  164         (2)At least 30 days before an executive or judicial branch
  165  public officer or employee enters into any contract or agreement
  166  on behalf of the state which requires minimal or no payments by
  167  the state or authorizes the other party to make expenditures in
  168  anticipation of revenues, the officer or employee must notify
  169  the Governor, the President of the Senate, and the Speaker of
  170  the House of Representatives of the intent to enter into such
  171  contract or agreement.
  172         (3)At least 30 days before an executive or judicial branch
  173  public officer or employee enters into any contract or agreement
  174  on behalf of the state which requires initial expenditures by
  175  the other party and for which the other party will not receive
  176  payment from the state within 180 days after the expenditure,
  177  the officer or employee must notify the Governor, the President
  178  of the Senate, and the Speaker of the House of Representatives
  179  of the intent to enter into such contract or agreement.
  180         (4)The execution of any contract or agreement described in
  181  this section is an action or proposed action that is subject to
  182  s. 216.177(2)(b).
  183         Section 4. Section 287.0582, Florida Statutes, is
  184  transferred and renumbered as section 216.313, Florida Statutes,
  185  and amended to read:
  186         216.313 287.0582Contract appropriations Contracts which
  187  require annual appropriation; contingency statement.—
  188         (1)An executive or judicial branch public officer or
  189  employee may not enter into any contract or agreement on behalf
  190  of the state or judicial branch which binds the state or its
  191  executive agencies or the judicial branch for the purchase of
  192  services or tangible personal property unless the contract
  193  identifies the specific appropriation of state funds from which
  194  the state will make payment under the contract in the first year
  195  of the contract, or unless the Legislature expressly authorizes
  196  the agency or the judicial branch to enter into such contract
  197  absent a specific appropriation of funds.
  198         (2)An No executive or judicial branch public officer or
  199  employee may not shall enter into any contract or agreement on
  200  behalf of the state, which contract binds the state or its
  201  executive agencies for the purchase of services or tangible
  202  personal property for a period in excess of 1 fiscal year,
  203  unless the following statements are statement is included in the
  204  contract:
  205         (a) “The State of Florida's performance and obligation to
  206  pay under this contract is contingent upon an annual
  207  appropriation by the Legislature.”
  208         (b)This contract may be terminated by the state upon 30
  209  days' written notice if funding for this contract is
  210  specifically eliminated pursuant to:
  211         1.A deficit reduction plan implemented by the Governor or
  212  the Chief Justice or by an act of the Legislature after
  213  certification pursuant to section 216.221, Florida Statutes,
  214  that a deficit will occur in the General Revenue Fund; or
  215         2.A deficit reduction plan implemented by the Governor or
  216  Chief Justice pursuant to section 216.221(10), Florida Statutes,
  217  or by an act of the Legislature, after a determination by the
  218  Chief Financial Officer that a deficit will occur with respect
  219  to the appropriations from a specific trust fund in the current
  220  fiscal year.”
  221         (3)A contract or other agreement that exceeds:
  222         (a)The CATEGORY TWO threshold amount provided in s.
  223  287.017 must be signed by the agency head, executive director,
  224  or chief judge, as appropriate.
  225         (b)A term of 12 months may not be executed by any
  226  executive or judicial branch agency unless the agency head,
  227  executive director, or chief judge, as appropriate, determines
  228  that the contract is in compliance with the requirements of this
  229  chapter and certifies such compliance in writing within the
  230  contract or agreement.
  231         (4)Any contract or other agreement in violation of this
  232  section is null and void.
  233         (5)Any public officer or employee who willfully enters
  234  into a contract or other agreement in violation of this section
  235  commits a misdemeanor of the first degree, punishable as
  236  provided in s. 775.082 or s. 775.083.
  237         Section 5. This act shall take effect upon becoming a law.