HB 4097

1	A bill to be entitled
2	An act relating to repealing budget provisions; amending
3	s. 216.023, F.S.; deleting certain budget summary
4	requirements; repealing s. 339.1371, F.S., relating to
5	Mobility 2000 funding; amending ss. 216.013 and 489.145,
6	F.S.; conforming cross-references; providing an effective
7	date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsection (4) of section 216.023, Florida
12	Statutes, is amended to read:
13	216.023  Legislative budget requests to be furnished to
14	Legislature by agencies.-
15	(4)(a)  The legislative budget request must contain for
16	each program:
17	(a)1.  The constitutional or statutory authority for a
18	program, a brief purpose statement, and approved program
19	components.
20	(b)2.  Information on expenditures for 3 fiscal years
21	(actual prior-year expenditures, current-year estimated
22	expenditures, and agency budget requested expenditures for the
23	next fiscal year) by appropriation category.
24	(c)3.  Details on trust funds and fees.
25	(d)4.  The total number of positions (authorized, fixed,
26	and requested).
27	(e)5.  An issue narrative describing and justifying changes
28	in amounts and positions requested for current and proposed
29	programs for the next fiscal year.
30	(f)6.  Information resource requests.
31	(g)7.  Supporting information, including applicable cost-
32	benefit analyses, business case analyses, performance
33	contracting procedures, service comparisons, and impacts on
34	performance standards for any request to outsource or privatize
35	agency functions. The cost-benefit and business case analyses
36	must include an assessment of the impact on each affected
37	activity from those identified in accordance with paragraph (b).
38	Performance standards must include standards for each affected
39	activity and be expressed in terms of the associated unit of
40	activity.
41	(h)8.  An evaluation of any major outsourcing and
42	privatization initiatives undertaken during the last 5 fiscal
43	years having aggregate expenditures exceeding $10 million during
44	the term of the contract. The evaluation shall include an
45	assessment of contractor performance, a comparison of
46	anticipated service levels to actual service levels, and a
47	comparison of estimated savings to actual savings achieved.
48	Consolidated reports issued by the Department of Management
49	Services may be used to satisfy this requirement.
50	(i)9.  Supporting information for any proposed consolidated
51	financing of deferred-payment commodity contracts including
52	guaranteed energy performance savings contracts. Supporting
53	information must also include narrative describing and
54	justifying the need, baseline for current costs, estimated cost
55	savings, projected equipment purchases, estimated contract
56	costs, and return on investment calculation.
57	(j)10.  For projects that exceed $10 million in total cost,
58	the statutory reference of the existing policy or the proposed
59	substantive policy that establishes and defines the project's
60	governance structure, planned scope, main business objectives
61	that must be achieved, and estimated completion timeframes.
62	Information technology budget requests for the continuance of
63	existing hardware and software maintenance agreements, renewal
64	of existing software licensing agreements, or the replacement of
65	desktop units with new technology that is similar to the
66	technology currently in use are exempt from this requirement.
67	(b)  It is the intent of the Legislature that total
68	accountability measures, including unit-cost data, serve not
69	only as a budgeting tool but also as a policymaking tool and an
70	accountability tool. Therefore, each state agency and the
71	judicial branch must submit a summary of information for the
72	preceding year in accordance with the legislative budget
73	instructions. Each summary must provide a one-page overview and
74	must contain:
75	1.  The final budget for the agency and the judicial
76	branch.
77	2.  Total funds from the General Appropriations Act.
78	3.  Adjustments to the General Appropriations Act.
79	4.  The line-item listings of all activities.
80	5.  The number of activity units performed or accomplished.
81	6.  Total expenditures for each activity, including amounts
82	paid to contractors and subordinate entities. Expenditures
83	related to administrative activities not aligned with output
84	measures must consistently be allocated to activities with
85	output measures prior to computing unit costs.
86	7.  The cost per unit for each activity, including the
87	costs allocated to contractors and subordinate entities.
88	8.  The total amount of reversions and pass-through
89	expenditures omitted from unit-cost calculations.
90
91	At the regular session immediately following the submission of
92	the agency unit cost summary, the Legislature shall reduce in
93	the General Appropriations Act for the ensuing fiscal year, by
94	an amount equal to at least 10 percent of the allocation for the
95	fiscal year preceding the current fiscal year, the funding of
96	each state agency that fails to submit the report required under
97	this paragraph.
98	Section 2.  Section 339.1371, Florida Statutes, is
99	repealed.
100	Section 3.  Paragraph (h) of subsection (1) of section
101	216.013, Florida Statutes, is amended to read:
102	216.013  Long-range program plan.-State agencies and the
103	judicial branch shall develop long-range program plans to
104	achieve state goals using an interagency planning process that
105	includes the development of integrated agency program service
106	outcomes. The plans shall be policy based, priority driven,
107	accountable, and developed through careful examination and
108	justification of all agency and judicial branch programs.
109	(1)  Long-range program plans shall provide the framework
110	for the development of budget requests and shall identify or
111	update:
112	(h)  Legislatively approved output and outcome performance
113	measures. Each performance measure must identify the associated
114	activity contributing to the measure from those identified in
115	accordance with s. 216.023(4)(b).
116	Section 4.  Paragraph (a) of subsection (6) of section
117	489.145, Florida Statutes, is amended to read:
118	489.145  Guaranteed energy, water, and wastewater
119	performance savings contracting.-
120	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.-The
121	Department of Management Services, with the assistance of the
122	Office of the Chief Financial Officer, shall, within available
123	resources, provide technical content assistance to state
124	agencies contracting for energy, water, and wastewater
125	efficiency and conservation measures and engage in other
126	activities considered appropriate by the department for
127	promoting and facilitating guaranteed energy, water, and
128	wastewater performance contracting by state agencies. The
129	Department of Management Services shall review the investment-
130	grade audit for each proposed project and certify that the cost
131	savings are appropriate and sufficient for the term of the
132	contract. The Office of the Chief Financial Officer, with the
133	assistance of the Department of Management Services, shall,
134	within available resources, develop model contractual and
135	related documents for use by state agencies. Prior to entering
136	into a guaranteed energy, water, and wastewater performance
137	savings contract, any contract or lease for third-party
138	financing, or any combination of such contracts, a state agency
139	shall submit such proposed contract or lease to the Office of
140	the Chief Financial Officer for review and approval. A proposed
141	contract or lease shall include:
142	(a)  Supporting information required by s. 216.023(4)(i) s.
143	216.023(4)(a)9. in ss. 287.063(5) and 287.064(11). For contracts
144	approved under this section, the criteria may, at a minimum,
145	include the specification of a benchmark cost of capital and
146	minimum real rate of return on energy, water, or wastewater
147	savings against which proposals shall be evaluated.
148
149	The Office of the Chief Financial Officer shall not approve any
150	contract submitted under this section from a state agency that
151	does not meet the requirements of this section.
152	Section 5.  This act shall take effect July 1, 2011.

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