Florida Senate - 2009                             CS for SB 2694
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Alexander
       
       
       
       585-03026-09                                          20092694c1
    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, from obligating
   14         the state to make future payments to cover unpaid
   15         current payments, or from granting to a party to a
   16         contract or agreement the right to collect fees or
   17         other revenues from nonparties; providing that such
   18         contracts are null and void; prohibiting an agency
   19         from entering into certain lease or lease-purchase
   20         agreements unless expressly authorized by the
   21         Legislature; providing exceptions for certain agency
   22         contracts or agreements; defining the terms “contract”
   23         and “agreement”; creating s. 216.312, F.S.; requiring
   24         the executive and judicial branch to notify the
   25         Governor and the Legislature before entering into
   26         contracts or agreements in excess of a certain amount,
   27         which authorize expenditures in anticipation of
   28         revenues, or for which payment is delayed for a
   29         certain time after expenditure; transferring,
   30         renumbering, and amending s. 287.0582, F.S.; requiring
   31         a state contract to identify the appropriation that
   32         funds the contract; providing an exception; expanding
   33         the statement that must be included in state contracts
   34         to include grounds for terminating the contract based
   35         on budget deficits; requiring the judicial branch to
   36         include the statement in its contracts; providing an
   37         exception; requiring the agency head or chief judge to
   38         sign contracts that exceed a certain amount; requiring
   39         the agency head or chief judge to review certain
   40         contracts and certify compliance with ch. 216, F.S.;
   41         requiring contracts exceeding a specified amount to
   42         require written acceptance or rejection of contract
   43         deliverables; providing that contracts in violation of
   44         these provisions are null and void; providing
   45         penalties; amending s. 287.063, F.S.; prohibiting
   46         certain lease or deferred payment purchases by state
   47         agencies unless expressly authorized by the
   48         Legislature in the appropriations act; amending s.
   49         287.064, F.S.; prohibiting certain master equipment
   50         financing agreements unless expressly authorized by
   51         the Legislature in the appropriations act; providing
   52         for application; providing an effective date.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Subsection (2) of section 216.292, Florida
   57  Statutes, is amended to read:
   58         216.292 Appropriations nontransferable; exceptions.—
   59         (2) If the Legislature grants a state agency or the
   60  judicial branch specific authority in the General Appropriations
   61  Act, the following transfers may be are authorized to be made by
   62  the head of the agency each department or the Chief Justice of
   63  the Supreme Court whenever it is deemed necessary by reason of
   64  changed conditions:
   65         (a) The transfer of appropriations funded from identical
   66  funding sources, except appropriations for fixed capital outlay,
   67  and the transfer of amounts included within the total original
   68  approved budget and plans of releases of appropriations as
   69  furnished pursuant to ss. 216.181 and 216.192, as follows:
   70         1. Between categories of appropriations within a budget
   71  entity, if no category of appropriation is increased or
   72  decreased by more than 5 percent of the original approved budget
   73  or $250,000, whichever is greater, by all action taken under
   74  this subsection.
   75         2. Between budget entities within identical categories of
   76  appropriations, if no category of appropriation is increased or
   77  decreased by more than 5 percent of the original approved budget
   78  or $250,000, whichever is greater, by all action taken under
   79  this subsection.
   80         3. Any agency exceeding salary rate established pursuant to
   81  s. 216.181(8) on June 30th of any fiscal year may shall not be
   82  authorized to make transfers pursuant to subparagraphs 1. and 2.
   83  in the subsequent fiscal year.
   84         4. Notice of proposed transfers under subparagraphs 1. and
   85  2. shall be provided to the Executive Office of the Governor and
   86  the chairs of the legislative appropriations committees at least
   87  3 days prior to agency implementation in order to provide an
   88  opportunity for review. The review is shall be limited to
   89  ensuring that the transfer is in compliance with the
   90  requirements of this paragraph.
   91         (b) After providing notice at least 5 working days prior to
   92  implementation:
   93         1. The transfer of funds within programs identified in the
   94  General Appropriations Act from identical funding sources
   95  between the following appropriation categories without
   96  limitation so long as such a transfer does not result in an
   97  increase, to the total recurring general revenue or trust fund
   98  cost of the agency or entity of the judicial branch in the
   99  subsequent fiscal year: other personal services, expenses,
  100  operating capital outlay, food products, state attorney and
  101  public defender operations, data processing services, operating
  102  and maintenance of patrol vehicles, overtime payments, salary
  103  incentive payments, compensation to retired judges, law
  104  libraries, and juror and witness payments.
  105         2. The transfer of funds and positions from identical
  106  funding sources between salaries and benefits appropriation
  107  categories within programs identified in the General
  108  Appropriations Act. Such transfers must be consistent with
  109  legislative policy and intent and may not adversely affect
  110  achievement of approved performance outcomes or outputs in any
  111  program.
  112         (c) The transfer of funds appropriated to accounts
  113  established for disbursement purposes upon release of such
  114  appropriation upon request of a department and approval by the
  115  Chief Financial Officer. Such transfer may only be made to the
  116  same appropriation category and the same funding source from
  117  which the funds are transferred.
  118         (d) The transfer of funds by the Executive Office of the
  119  Governor from appropriations for public school operations to a
  120  fixed capital outlay appropriation for class size reduction
  121  based on recommendations of the Florida Education Finance
  122  Program Appropriation Allocation Conference or the Legislative
  123  Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
  124  Governor under this subsection are subject to the notice and
  125  review provisions of s. 216.177.
  126         Section 2. Section 216.311, Florida Statutes, is amended to
  127  read:
  128         216.311 Unauthorized contracts in excess of appropriations;
  129  penalty.—
  130         (1) An No agency or branch of state government may not
  131  enter into any shall contract to spend, or enter into any
  132  agreement:
  133         (a) To spend, any moneys in excess of the amount
  134  appropriated to such agency or branch unless specifically
  135  authorized by law, and any contract or agreement in violation of
  136  this chapter shall be null and void.
  137         (b)That requires the state to pay liquidated damages or
  138  any other moneys resulting from a breach or early termination of
  139  a contract by such agency or branch unless the Legislature
  140  specifically authorizes the agency or branch by law to commit
  141  funds for the purpose of paying moneys for breach or early
  142  termination.
  143         (c)That requires the state to pay interest to another
  144  party because the agency or branch has insufficient budget
  145  authority to pay the underlying obligation of the contract or
  146  agreement in the current year.
  147         (d)That binds the state to make future-year payments to
  148  offset payments not made in the current year due to the
  149  insufficiency of current-year appropriations in order to pay for
  150  current-year costs under the contract or agreement, unless the
  151  Legislature expressly authorizes the agency or branch to enter
  152  into such contract or agreement.
  153         (e)To grant to any party the right or privilege to collect
  154  fees or other revenues from persons or entities not party to the
  155  contract or agreement, unless the agency is specifically
  156  authorized by law to enter into such contracts or agreements.
  157         (2)Notwithstanding any law authorizing an agency to enter
  158  into a lease, an agency may not enter into a lease or lease
  159  purchase agreement for tangible personal property which requires
  160  the state to pay more than $500,000 over the term of the lease
  161  or agreement if the term of the lease or agreement exceeds 1
  162  fiscal year unless such lease or agreement is expressly
  163  authorized by the Legislature.
  164         (3)Any contract or agreement in violation of this section
  165  is null and void.
  166         (4)(2) Any public officer or employee person who willfully
  167  enters into a contract or other agreement in violation of this
  168  section commits contracts to spend, or enters into an agreement
  169  to spend, any money in excess of the amount appropriated to the
  170  agency or branch for whom the contract or agreement is executed
  171  is guilty of a misdemeanor of the first degree, punishable as
  172  provided in s. 775.082 or s. 775.083.
  173         (5)Notwithstanding subsection (1), the following agencies
  174  may enter into the following contracts or agreements:
  175         (a)In order to spend funds appropriated for the approved
  176  5-year work program, the Department of Transportation may enter
  177  into contracts and other agreements that require the state to
  178  pay liquidated damages as a result of a breach of those
  179  contracts or agreements.
  180         (b)In order to administer the state group insurance
  181  program as provided in s. 110.123, the Department of Management
  182  Services may enter into contracts and other agreements that
  183  permit health care providers, health maintenance organizations,
  184  preferred provider organizations, and insurers to collect
  185  premiums and copayments from participants in the group insurance
  186  program.
  187         (c)In order to administer the state Medicaid plan and the
  188  Florida Healthy Kids program, the Agency for Health Care
  189  Administration may enter into contracts and other agreements
  190  that permit health care providers to collect premiums and
  191  copayments from participants in the Medicaid plan and the
  192  Healthy Kids program.
  193         (6)For purposes of this section and ss. 216.312 and
  194  216.313, the terms “contract” and “agreement” include the
  195  initial contract or agreement, any amendment to the contract or
  196  agreement, and any extension or renewal of the contract or
  197  agreement.
  198         Section 3. Section 216.312, Florida Statutes, is created to
  199  read:
  200         216.312Reporting contract expenditures.—
  201         (1)At least 30 days before an executive or judicial branch
  202  public officer or employee enters into any contract or
  203  agreement, or any series of contracts or agreements between the
  204  same parties, on behalf of the state which requires payments by
  205  the state in excess of $5 million in any fiscal or calendar
  206  year, the officer or employee must notify the Governor, the
  207  President of the Senate, and the Speaker of the House of
  208  Representatives of the intent to enter into such contract or
  209  agreement or series of contracts or agreements.
  210         (2)At least 30 days before an executive or judicial branch
  211  public officer or employee enters into any contract or agreement
  212  on behalf of the state which requires minimal or no payments by
  213  the state or authorizes the other party to make expenditures in
  214  anticipation of revenues, the officer or employee must notify
  215  the Governor, the President of the Senate, and the Speaker of
  216  the House of Representatives of the intent to enter into such
  217  contract or agreement.
  218         (3)At least 30 days before an executive or judicial branch
  219  public officer or employee enters into any contract or agreement
  220  on behalf of the state which requires initial expenditures by
  221  the other party and for which the other party will not receive
  222  payment from the state within 180 days after the expenditure,
  223  the officer or employee must notify the Governor, the President
  224  of the Senate, and the Speaker of the House of Representatives
  225  of the intent to enter into such contract or agreement.
  226         (4)The execution of any contract or agreement described in
  227  this section is an action or proposed action that is subject to
  228  s. 216.177(2)(b).
  229         Section 4. Section 287.0582, Florida Statutes, is
  230  transferred and renumbered as section 216.313, Florida Statutes,
  231  and amended to read:
  232         216.313 287.0582Contract appropriations Contracts which
  233  require annual appropriation; contingency statement.—
  234         (1)An executive or judicial branch public officer or
  235  employee may not enter into any contract or agreement on behalf
  236  of the state or judicial branch which binds the state or its
  237  executive agencies or the judicial branch for the purchase of
  238  services or tangible personal property unless the contract
  239  identifies the specific appropriation of state funds from which
  240  the state will make payment under the contract in the first year
  241  of the contract, or unless the Legislature expressly authorizes
  242  the agency or the judicial branch to enter into such contract
  243  absent a specific appropriation of funds.
  244         (2)An No executive or judicial branch public officer or
  245  employee may not shall enter into any contract or agreement on
  246  behalf of the state, which contract binds the state or its
  247  executive agencies for the purchase of services or tangible
  248  personal property for a period in excess of 1 fiscal year,
  249  unless the following statements are statement is included in the
  250  contract:
  251         (a) “The State of Florida’s performance and obligation to
  252  pay under this contract is contingent upon an annual
  253  appropriation by the Legislature.”
  254         (b)This contract may be terminated by the state upon 30
  255  days written notice if funding for this contract is
  256  specifically eliminated pursuant to:
  257         1.A deficit reduction plan implemented by the Governor or
  258  the Chief Justice or by an act of the Legislature after
  259  certification pursuant to section 216.221, Florida Statutes,
  260  that a deficit will occur in the General Revenue Fund; or
  261         2.A deficit reduction plan implemented by the Governor or
  262  Chief Justice pursuant to section 216.221(10), Florida Statutes,
  263  or by an act of the Legislature, after a determination by the
  264  Chief Financial Officer that a deficit will occur with respect
  265  to the appropriations from a specific trust fund in the current
  266  fiscal year.”
  267         (3)A contract or other agreement that exceeds:
  268         (a)The CATEGORY TWO threshold amount provided in s.
  269  287.017 must be signed by the agency head, executive director,
  270  or chief judge, as appropriate.
  271         (b)A term of 12 months may not be executed by any
  272  executive or judicial branch agency unless the agency head,
  273  executive director, or chief judge, as appropriate, determines
  274  that the contract is in compliance with the requirements of this
  275  chapter and certifies such compliance in writing within the
  276  contract or agreement.
  277         (c)The CATEGORY FIVE threshold amount provided in s.
  278  287.017 must require the written acceptance or rejection of
  279  contract deliverables.
  280         (4)Any contract or other agreement in violation of this
  281  section is null and void.
  282         (5)Any public officer or employee who willfully enters
  283  into a contract or other agreement in violation of this section
  284  commits a misdemeanor of the first degree, punishable as
  285  provided in s. 775.082 or s. 775.083.
  286         Section 5. Subsection (4) of section 287.063, Florida
  287  Statutes, is amended to read:
  288         287.063 Deferred-payment commodity contracts; preaudit
  289  review.—
  290         (4) Beginning July 1, 2009, an agency may not enter into a
  291  lease or deferred payment purchase arrangement for the
  292  acquisition of equipment that has a total cost greater than
  293  $500,000 unless the Legislature has expressly authorized such
  294  lease or deferred payment purchase arrangement in the General
  295  Appropriations Act. For purposes of this section, deferred
  296  payment commodity contracts for replacing the state accounting
  297  and cash management systems may include equipment, accounting
  298  software, and implementation and project management services.
  299         Section 6. Subsection (9) of section 287.064, Florida
  300  Statutes, is amended to read:
  301         287.064 Consolidated financing of deferred-payment
  302  purchases.—
  303         (9) Beginning July 1, 2009, an agency may not enter into a
  304  master equipment financing agreement that has a total cost
  305  exceeding $500,000 unless the Legislature has expressly
  306  authorized such agreement in the General Appropriations Act. For
  307  purposes of this section, deferred-payment commodity contracts
  308  for replacing the state accounting and cash management systems
  309  may include equipment, accounting software, and implementation
  310  and project management services.
  311         Section 7. This act shall take effect July 1, 2009, and
  312  applies to initial contracts and agreements, amendments to a
  313  contract or agreement, and extensions or renewals of a contract
  314  or agreement which are executed on or after that date.