Florida Senate - 2009                      CS for CS for SB 2694
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Governmental Oversight and Accountability; and
       Senator Alexander
       
       
       576-04561-09                                          20092694c2
    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 early
   10         termination fees resulting from the breach or early
   11         termination of a contract or agreement, from
   12         contracting to pay interest because of insufficient
   13         budget authority to pay an obligation in the current
   14         year, from obligating the state to make future
   15         payments to cover unpaid payments, or from granting to
   16         a party the right to collect fees or other revenues
   17         from nonparties; providing that such contracts are
   18         null and void; prohibiting an agency from entering
   19         into certain lease or lease-purchase agreements unless
   20         expressly authorized by the Legislature; providing
   21         exceptions for certain agency contracts or agreements;
   22         authorizing the State Board of Administration to enter
   23         into contracts and other agreements that are necessary
   24         to carry out the investment duties of the board;
   25         defining the terms “contract” and “agreement”;
   26         creating s. 216.312, F.S.; requiring the executive and
   27         judicial branch to notify the Governor and the
   28         Legislature before entering into contracts or
   29         agreements in excess of a certain amount, which
   30         authorize expenditures in anticipation of revenues, or
   31         for which payment is delayed for a certain time after
   32         expenditure; transferring, renumbering, and amending
   33         s. 287.0582, F.S.; requiring a state contract to
   34         identify the appropriation that funds the contract;
   35         providing an exception; expanding the statement that
   36         must be included in state contracts to include grounds
   37         for terminating the contract based on budget deficits;
   38         requiring the judicial branch to include the statement
   39         in its contracts; providing an exception; requiring
   40         the agency head or chief judge to sign contracts that
   41         exceed a certain amount; requiring the agency head or
   42         chief judge to review certain contracts and certify
   43         compliance with ch. 216, F.S.; requiring contracts
   44         exceeding a specified amount to require written
   45         acceptance or rejection of contract deliverables;
   46         providing that contracts in violation of these
   47         provisions are null and void; providing penalties;
   48         amending s. 287.063, F.S.; prohibiting certain lease
   49         or deferred payment purchases by state agencies unless
   50         expressly authorized by the Legislature in the
   51         appropriations act; amending s. 287.064, F.S.;
   52         prohibiting certain master equipment financing
   53         agreements unless expressly authorized by the
   54         Legislature in the appropriations act; providing for
   55         application; providing an effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsection (2) of section 216.292, Florida
   60  Statutes, is amended to read:
   61         216.292 Appropriations nontransferable; exceptions.—
   62         (2) If the Legislature grants a state agency or the
   63  judicial branch specific authority in the General Appropriations
   64  Act, the following transfers may be are authorized to be made by
   65  the head of the agency each department or the Chief Justice of
   66  the Supreme Court whenever it is deemed necessary by reason of
   67  changed conditions:
   68         (a) The transfer of appropriations funded from identical
   69  funding sources, except appropriations for fixed capital outlay,
   70  and the transfer of amounts included within the total original
   71  approved budget and plans of releases of appropriations as
   72  furnished pursuant to ss. 216.181 and 216.192, as follows:
   73         1. Between categories of appropriations within a budget
   74  entity, if no category of appropriation is increased or
   75  decreased by more than 5 percent of the original approved budget
   76  or $250,000, whichever is greater, by all action taken under
   77  this subsection.
   78         2. Between budget entities within identical categories of
   79  appropriations, if no category of appropriation is increased or
   80  decreased by more than 5 percent of the original approved budget
   81  or $250,000, whichever is greater, by all action taken under
   82  this subsection.
   83         3. Any agency exceeding salary rate established pursuant to
   84  s. 216.181(8) on June 30th of any fiscal year may shall not be
   85  authorized to make transfers pursuant to subparagraphs 1. and 2.
   86  in the subsequent fiscal year.
   87         4. Notice of proposed transfers under subparagraphs 1. and
   88  2. shall be provided to the Executive Office of the Governor and
   89  the chairs of the legislative appropriations committees at least
   90  3 days prior to agency implementation in order to provide an
   91  opportunity for review. The review is shall be limited to
   92  ensuring that the transfer is in compliance with the
   93  requirements of this paragraph.
   94         (b) After providing notice at least 5 working days prior to
   95  implementation:
   96         1. The transfer of funds within programs identified in the
   97  General Appropriations Act from identical funding sources
   98  between the following appropriation categories without
   99  limitation so long as such a transfer does not result in an
  100  increase, to the total recurring general revenue or trust fund
  101  cost of the agency or entity of the judicial branch in the
  102  subsequent fiscal year: other personal services, expenses,
  103  operating capital outlay, food products, state attorney and
  104  public defender operations, data processing services, operating
  105  and maintenance of patrol vehicles, overtime payments, salary
  106  incentive payments, compensation to retired judges, law
  107  libraries, and juror and witness payments.
  108         2. The transfer of funds and positions from identical
  109  funding sources between salaries and benefits appropriation
  110  categories within programs identified in the General
  111  Appropriations Act. Such transfers must be consistent with
  112  legislative policy and intent and may not adversely affect
  113  achievement of approved performance outcomes or outputs in any
  114  program.
  115         (c) The transfer of funds appropriated to accounts
  116  established for disbursement purposes upon release of such
  117  appropriation upon request of a department and approval by the
  118  Chief Financial Officer. Such transfer may only be made to the
  119  same appropriation category and the same funding source from
  120  which the funds are transferred.
  121         (d) The transfer of funds by the Executive Office of the
  122  Governor from appropriations for public school operations to a
  123  fixed capital outlay appropriation for class size reduction
  124  based on recommendations of the Florida Education Finance
  125  Program Appropriation Allocation Conference or the Legislative
  126  Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
  127  Governor under this subsection are subject to the notice and
  128  review provisions of s. 216.177.
  129         Section 2. Section 216.311, Florida Statutes, is amended to
  130  read:
  131         216.311 Unauthorized contracts in excess of appropriations;
  132  penalty.—
  133         (1) An No agency or branch of state government may not
  134  enter into any shall contract to spend, or enter into any
  135  agreement:
  136         (a) To spend, any moneys in excess of the amount
  137  appropriated to such agency or branch unless specifically
  138  authorized by law, and any contract or agreement in violation of
  139  this chapter shall be null and void.
  140         (b)That requires the state to pay liquidated damages or
  141  early termination fees for a breach or early termination of a
  142  contract or agreement by such agency or branch due to an act of
  143  the Legislature which provides less than full funding for the
  144  contract during the fiscal year.
  145         (c)That requires the state to pay interest, other than
  146  interest paid pursuant to s. 215.422, to another party because
  147  the agency or branch has insufficient budget authority to pay
  148  the underlying obligation of the contract or agreement in the
  149  current year.
  150         (d)That binds the state to make future-year payments to
  151  offset payments not made in a prior year due to insufficient
  152  budget authority, unless the Legislature expressly authorizes
  153  the agency or branch to enter into such contract or agreement.
  154         (e)To grant to any party the right or privilege to collect
  155  and retain fees or other revenues from persons who are not a
  156  party to the contract which would otherwise be payable to the
  157  state and deposited into the State Treasury, unless the
  158  Legislature expressly authorizes the agency or branch to enter
  159  into such contract or agreement.
  160         (2)Notwithstanding any law authorizing an agency to enter
  161  into a lease, an agency may not enter into a lease or lease
  162  purchase agreement for tangible personal property which requires
  163  the state to pay more than $500,000 over the term of the lease
  164  or agreement if the term of the lease or agreement exceeds 1
  165  fiscal year unless such lease or agreement is expressly
  166  authorized by the Legislature.
  167         (3)Any contract or agreement in violation of this section
  168  is null and void.
  169         (4)(2) Any public officer or employee person who willfully
  170  enters into a contract or other agreement in violation of this
  171  section commits contracts to spend, or enters into an agreement
  172  to spend, any money in excess of the amount appropriated to the
  173  agency or branch for whom the contract or agreement is executed
  174  is guilty of a misdemeanor of the first degree, punishable as
  175  provided in s. 775.082 or s. 775.083.
  176         (5)Notwithstanding subsection (1), the following agencies
  177  may enter into the following contracts or agreements:
  178         (a)In order to spend funds appropriated for the approved
  179  5-year work program, the Department of Transportation may enter
  180  into contracts and other agreements that require the state to
  181  pay liquidated damages as a result of a breach of those
  182  contracts or agreements.
  183         (b)In order to administer the state group insurance
  184  program as provided in s. 110.123, the Department of Management
  185  Services may enter into contracts and other agreements that
  186  permit health care providers, health maintenance organizations,
  187  preferred provider organizations, and insurers to collect
  188  premiums and copayments from participants in the group insurance
  189  program.
  190         (c)In order to administer the state Medicaid plan and the
  191  Florida Healthy Kids program, the Agency for Health Care
  192  Administration may enter into contracts and other agreements
  193  that permit health care providers to collect premiums and
  194  copayments from participants in the Medicaid plan and the
  195  Healthy Kids program.
  196         (6)Notwithstanding subsection (2), in order to administer
  197  the real estate and other investment portfolios as provided in
  198  s. 215.47, the State Board of Administration may enter into
  199  contracts and such other agreements that are necessary to carry
  200  out the investment duties of the board.
  201         (7)For purposes of this section and ss. 216.312 and
  202  216.313, the terms “contract” and “agreement” include the
  203  initial contract or agreement, any amendment to the contract or
  204  agreement, and any extension or renewal of the contract or
  205  agreement.
  206         Section 3. Section 216.312, Florida Statutes, is created to
  207  read:
  208         216.312Reporting contract expenditures.—
  209         (1)At least 30 days before an executive or judicial branch
  210  public officer or employee enters into any contract or
  211  agreement, or any series of contracts or agreements between the
  212  same parties, on behalf of the state which requires payments by
  213  the state in excess of $5 million in any fiscal or calendar
  214  year, the officer or employee must notify the Governor, the
  215  President of the Senate, and the Speaker of the House of
  216  Representatives of the intent to enter into such contract or
  217  agreement or series of contracts or agreements.
  218         (2)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 minimal or no payments by
  221  the state or authorizes the other party to make expenditures in
  222  anticipation of revenues, the officer or employee must notify
  223  the Governor, the President of the Senate, and the Speaker of
  224  the House of Representatives of the intent to enter into such
  225  contract or agreement.
  226         (3)At least 30 days before an executive or judicial branch
  227  public officer or employee enters into any contract or agreement
  228  on behalf of the state which requires initial expenditures by
  229  the other party and for which the other party will not receive
  230  payment from the state within 180 days after the expenditure,
  231  the officer or employee must notify the Governor, the President
  232  of the Senate, and the Speaker of the House of Representatives
  233  of the intent to enter into such contract or agreement.
  234         (4)The execution of any contract or agreement described in
  235  this section is an action or proposed action that is subject to
  236  s. 216.177(2)(b).
  237         Section 4. Section 287.0582, Florida Statutes, is
  238  transferred and renumbered as section 216.313, Florida Statutes,
  239  and amended to read:
  240         216.313 287.0582Contract appropriations Contracts which
  241  require annual appropriation; contingency statement.—
  242         (1)An executive or judicial branch public officer or
  243  employee may not enter into any contract or agreement on behalf
  244  of the state or judicial branch which binds the state or its
  245  executive agencies or the judicial branch for the purchase of
  246  services or tangible personal property unless the contract
  247  identifies the specific appropriation of state funds from which
  248  the state will make payment under the contract in the first year
  249  of the contract, or unless the Legislature expressly authorizes
  250  the agency or the judicial branch to enter into such contract
  251  absent a specific appropriation of funds.
  252         (2)An No executive or judicial branch public officer or
  253  employee may not shall enter into any contract or agreement on
  254  behalf of the state, which contract binds the state or its
  255  executive agencies for the purchase of services or tangible
  256  personal property for a period in excess of 1 fiscal year,
  257  unless the following statements are statement is included in the
  258  contract:
  259         (a) “The State of Florida’s performance and obligation to
  260  pay under this contract is contingent upon an annual
  261  appropriation by the Legislature.”
  262         (b)This contract may be terminated by the state upon 30
  263  days written notice if funding for this contract is
  264  specifically eliminated pursuant to:
  265         1.A deficit reduction plan implemented by the Governor or
  266  the Chief Justice or by an act of the Legislature after
  267  certification pursuant to section 216.221, Florida Statutes,
  268  that a deficit will occur in the General Revenue Fund; or
  269         2.A deficit reduction plan implemented by the Governor or
  270  Chief Justice pursuant to section 216.221(10), Florida Statutes,
  271  or by an act of the Legislature, after a determination by the
  272  Chief Financial Officer that a deficit will occur with respect
  273  to the appropriations from a specific trust fund in the current
  274  fiscal year.”
  275         (3)A contract or other agreement that exceeds:
  276         (a)The CATEGORY TWO threshold amount provided in s.
  277  287.017 must be signed by the agency head, executive director,
  278  or chief judge, as appropriate.
  279         (b)A term of 12 months may not be executed by any
  280  executive or judicial branch agency unless the agency head,
  281  executive director, or chief judge, as appropriate, determines
  282  that the contract is in compliance with the requirements of this
  283  chapter and certifies such compliance in writing within the
  284  contract or agreement.
  285         (c)The CATEGORY FIVE threshold amount provided in s.
  286  287.017 must require the written acceptance or rejection of
  287  contract deliverables.
  288         (4)Any contract or other agreement in violation of this
  289  section is null and void.
  290         (5)Any public officer or employee who willfully enters
  291  into a contract or other agreement in violation of this section
  292  commits a misdemeanor of the first degree, punishable as
  293  provided in s. 775.082 or s. 775.083.
  294         Section 5. Subsection (4) of section 287.063, Florida
  295  Statutes, is amended to read:
  296         287.063 Deferred-payment commodity contracts; preaudit
  297  review.—
  298         (4) Beginning July 1, 2009, an agency may not enter into a
  299  lease or deferred payment purchase arrangement for the
  300  acquisition of equipment that has a total cost greater than
  301  $500,000 unless the Legislature has expressly authorized such
  302  lease or deferred payment purchase arrangement in the General
  303  Appropriations Act. For purposes of this section, deferred
  304  payment commodity contracts for replacing the state accounting
  305  and cash management systems may include equipment, accounting
  306  software, and implementation and project management services.
  307         Section 6. Subsection (9) of section 287.064, Florida
  308  Statutes, is amended to read:
  309         287.064 Consolidated financing of deferred-payment
  310  purchases.—
  311         (9) Beginning July 1, 2009, an agency may not enter into a
  312  master equipment financing agreement that has a total cost
  313  exceeding $500,000 unless the Legislature has expressly
  314  authorized such agreement in the General Appropriations Act. For
  315  purposes of this section, deferred-payment commodity contracts
  316  for replacing the state accounting and cash management systems
  317  may include equipment, accounting software, and implementation
  318  and project management services.
  319         Section 7. This act shall take effect July 1, 2009, and
  320  applies to initial contracts and agreements, amendments to a
  321  contract or agreement, and extensions or renewals of a contract
  322  or agreement which are executed on or after that date.