Florida Senate - 2016                                     SB 924
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-00272-16                                            2016924__
    1                        A bill to be entitled                      
    2         An act relating to planning and budgeting; amending
    3         ss. 216.013, 216.023, 216.031, 216.043, 216.044,
    4         216.0442, 216.081, 216.102, 216.131, 216.135, 216.179,
    5         216.181, 216.1815, 216.1826, 216.1827, 216.192,
    6         216.195, 216.212, 216.216, 216.221, 216.231, 216.241,
    7         216.251, 216.262, 216.271, 216.275, 216.292, 216.301,
    8         216.313, 216.321, 216.345, and 216.347, F.S.; removing
    9         certain references to the judicial branch from
   10         planning and budgeting provisions in the chapter;
   11         creating ch. 221, F.S.; recreating planning and
   12         budgeting provisions for the judicial branch; creating
   13         s. 221.06, F.S.; providing a short title; creating s.
   14         221.07, F.S.; requiring the judicial branch to develop
   15         a long-range program plan, subject to certain
   16         requirements; providing applicability; creating s.
   17         221.08, F.S; requiring the judicial branch to submit
   18         its complete legislative budget requests directly to
   19         the Legislature with a copy to the Governor by a
   20         certain date; specifying requirements for such
   21         requests; requiring the Executive Office of the
   22         Governor and the appropriations committees of the
   23         Legislature to jointly develop legislative budget
   24         instructions, subject to certain requirements;
   25         requiring the Legislature to reduce in the General
   26         Appropriations Act for the ensuing fiscal year, by a
   27         certain amount, the funding of each judicial branch
   28         entity that fails to submit a certain report;
   29         authorizing the judicial branch to amend its request
   30         under certain circumstances; requiring the Legislature
   31         to review the legislative budget request from the
   32         judicial branch; creating s. 221.09, F.S.; authorizing
   33         either chair of a legislative appropriations committee
   34         to require the Chief Justice of the Supreme Court to
   35         address certain major issues for inclusion in the
   36         requests of the judicial branch, subject to certain
   37         requirements; authorizing the chair of an
   38         appropriations committee of the Senate and the House
   39         of Representatives to request the judicial branch to
   40         submit a budget plan, with respect to certain targets
   41         established by either chair; specifying the target
   42         budget format; creating s. 221.10, F.S.; requiring the
   43         Chief Justice of the Supreme Court to submit a
   44         legislative budget request reflecting his or her
   45         independent judgment with respect to the needs of the
   46         judicial branch for fixed capital outlays; specifying
   47         the content of such requests; creating s. 221.11,
   48         F.S.; requiring that a specified budget request made
   49         by the judicial branch be evaluated by the Department
   50         of Management Services under certain circumstances and
   51         subject to certain requirements; creating s. 221.12,
   52         F.S.; providing definitions; requiring that certain
   53         documents relating to state debt be developed under
   54         certain circumstances, subject to certain
   55         requirements; providing applicability; creating s.
   56         221.13, F.S.; requiring that certain financial
   57         estimates be furnished to the Governor; specifying how
   58         the estimates are to be used; creating s. 221.14,
   59         F.S.; requiring the judicial branch to prepare and
   60         file with the Chief Financial Officer certain
   61         financial and other information under certain
   62         circumstances; requiring the judicial branch to record
   63         the receipt and disbursement of funds from federal
   64         sources, subject to certain requirements; prohibiting
   65         access to federal funds by the judicial branch until
   66         certain requirements are met; providing duties of the
   67         Chief Financial Officer; providing penalties when
   68         judicial branch information is not filed as required;
   69         providing for rulemaking authority; creating s.
   70         221.15, F.S.; requiring the Chief Justice of the
   71         Supreme Court to provide for public hearings on
   72         judicial branch budget requests; creating s. 221.16,
   73         F.S.; requiring the judicial branch to use certain
   74         information in carrying out its duties under the state
   75         planning and budgeting system; creating s. 221.17,
   76         F.S.; prohibiting the reinstatement of vetoed
   77         appropriations for the judicial branch by
   78         administrative means; creating s. 221.18, F.S.;
   79         providing for approved budgets for operational and
   80         certain capital expenditures; providing that
   81         amendments from the judicial branch may be requested
   82         only through the Chief Justice of the Supreme Court;
   83         requiring that such amendments be approved by the
   84         Chief Justice and the Legislative Budget Commission;
   85         providing a requirement for compliance with certain
   86         guidelines for such amendments to be approved by the
   87         Chief Justice and the Legislative Budget Commission;
   88         providing certain notice and procedural requirements;
   89         authorizing the Chief Justice to amend judicial branch
   90         entity budgets, subject to certain requirements;
   91         providing that the Chief Justice may authorize the
   92         consolidation of fixed capital outlay appropriations
   93         for the judicial branch under certain circumstances;
   94         providing requirements for a certain annual salary
   95         rate; authorizing the Chief Justice to approve changes
   96         in the amounts appropriated from state trust funds in
   97         excess of those in the approved operating budget,
   98         subject to certain requirements and restrictions;
   99         providing for certain nonoperating budgets and their
  100         purpose; defining the term “nonoperating budgets”;
  101         authorizing certain funds to be advanced under certain
  102         circumstances and subject to certain requirements;
  103         providing applicability; creating s. 221.19, F.S.;
  104         providing legislative intent; providing eligibility
  105         requirements to retain certain funds based on
  106         efficiencies and cost reductions the judicial branch
  107         achieves; creating s. 221.20, F.S.; directing the
  108         Chief Justice of the Supreme Court to work with the
  109         appropriations and appropriate substantive committees
  110         of the Legislature to identify and reach consensus on
  111         the appropriate services and activities for activity
  112         based budgeting; providing legislative intent;
  113         requiring the judicial branch to examine approved
  114         performance measures and provide certain
  115         recommendations; creating s. 221.21, F.S.; specifying
  116         requirements relating to certain performance measures
  117         and standards; creating s. 221.22, F.S.; providing
  118         requirements relating to the release of appropriations
  119         and revision of certain budgets; creating s. 221.23,
  120         F.S.; prohibiting the Chief Justice of the Supreme
  121         Court or any other judicial branch entity from
  122         impounding an appropriation except as necessary to
  123         avoid or eliminate a deficit; defining the term
  124         “impoundment”; providing for judicial review under
  125         certain circumstances; creating s. 221.24, F.S;
  126         providing requirements relating to certain budgets for
  127         federal funds; providing restrictions on expenditure
  128         of federal funds; creating s. 221.25, F.S.; providing
  129         requirements relating to court settlement funds
  130         negotiated by the state; creating s. 221.26, F.S.;
  131         requiring that all appropriations be maximum
  132         appropriations, subject to certain requirements;
  133         providing requirements relating to the adjustment of
  134         branch and agency budgets under certain circumstances;
  135         creating s. 221.27, F.S.; authorizing the Executive
  136         Office of the Governor to release certain classified
  137         appropriations under certain circumstances; providing
  138         that such release of classified appropriations is
  139         subject to certain requirements; creating s. 221.28,
  140         F.S.; providing for the initiation or commencement and
  141         approval of new programs, subject to certain
  142         requirements; creating s. 221.29, F.S.; providing for
  143         salary appropriations, subject to certain requirements
  144         and limitations; creating s. 221.30, F.S.; prohibiting
  145         the total number of authorized positions from
  146         exceeding the total provided in the appropriations
  147         acts; providing for an application and recommendation
  148         process to increase, add, delete, or transfer
  149         authorized positions under certain circumstances,
  150         subject to certain requirements; providing
  151         restrictions on certain employment; providing
  152         requirements relating to the furnishing of certain
  153         perquisites; defining the term “prerequisites”;
  154         providing requirements relating to goods and services
  155         that are to be sold to officers and employees of the
  156         judicial branch rather than being furnished as
  157         perquisites; creating s. 221.31, F.S.; specifying
  158         requirements relating to certain revolving funds;
  159         defining the term “revolving fund”; creating s.
  160         221.32, F.S.; providing requirements relating to
  161         certain clearing accounts; creating s. 221.33, F.S.;
  162         requiring appropriations be nontransferable; providing
  163         exceptions; providing requirements related to certain
  164         authorized revisions; authorizing the transfer of
  165         funds under certain circumstances, subject to certain
  166         requirements; creating s. 221.34, F.S.; providing
  167         requirements relating to undisbursed balances of
  168         authorized appropriations; creating s. 221.35, F.S.;
  169         prohibiting a judicial branch public officer or
  170         employee from entering into any contract or agreement
  171         on behalf of the state or judicial branch which binds
  172         the state or the judicial branch for the purchase of
  173         services or tangible personal property in excess of a
  174         specified amount under certain circumstances; creating
  175         s. 221.36, F.S.; providing for construction of the
  176         chapter as to unauthorized expenditures and
  177         disbursements; creating s. 221.37, F.S.; providing for
  178         the payment of professional or other organization
  179         membership dues under certain circumstances; requiring
  180         the judicial branch to adopt specific criteria to
  181         determine justification for such payment; providing an
  182         exemption; creating s. 221.38, F.S.; prohibiting the
  183         judicial branch from authorizing or making any
  184         disbursement of grants and aids appropriations unless
  185         the terms of the grants or contracts contain certain
  186         lobbying prohibitions; providing applicability;
  187         amending ss. 402.731 and 624.307, F.S.; conforming
  188         cross-references; providing an effective date.
  189          
  190  Be It Enacted by the Legislature of the State of Florida:
  191  
  192         Section 1. Section 216.013, Florida Statutes, is amended to
  193  read:
  194         216.013 Long-range program plan.—State agencies and the
  195  judicial branch shall develop long-range program plans to
  196  achieve state goals using an interagency planning process that
  197  includes the development of integrated agency program service
  198  outcomes. The plans shall be policy based, priority driven,
  199  accountable, and developed through careful examination and
  200  justification of all agency and judicial branch programs.
  201         (1) Long-range program plans must shall provide the
  202  framework for the development of budget requests and must shall
  203  identify or update:
  204         (a) The mission of the agency or judicial branch.
  205         (b) The goals established to accomplish the mission.
  206         (c) The objectives developed to achieve state goals.
  207         (d) The trends and conditions relevant to the mission,
  208  goals, and objectives.
  209         (e) The agency or judicial branch programs that will be
  210  used to implement state policy and achieve state goals and
  211  objectives.
  212         (f) The program outcomes and standards to measure progress
  213  toward program objectives.
  214         (g) Information regarding performance measurement, which
  215  includes, but is not limited to, how data is collected, the
  216  methodology used to measure a performance indicator, the
  217  validity and reliability of a measure, the appropriateness of a
  218  measure, and whether, in the case of agencies, the agency
  219  inspector general has assessed the reliability and validity of
  220  agency performance measures, pursuant to s. 20.055(2).
  221         (h) Legislatively approved output and outcome performance
  222  measures. Each performance measure must identify the associated
  223  activity contributing to the measure from those identified in
  224  accordance with s. 216.023(4)(b).
  225         (i) Performance standards for each performance measure and
  226  justification for the standards and the sources of data to be
  227  used for measurement. Performance standards must include
  228  standards for each affected activity and be expressed in terms
  229  of the associated unit of activity.
  230         (j) Prior-year performance data on approved performance
  231  measures and an explanation of deviation from expected
  232  performance. Performance data must be assessed for reliability
  233  in accordance with s. 20.055.
  234         (k) Proposed performance incentives and disincentives.
  235         (2) Each long-range program plan must shall cover a period
  236  of 5 fiscal years, be revised annually, and remain in effect
  237  until replaced or revised.
  238         (3) State agencies shall present their long-range program
  239  plans or revisions shall be presented by state agencies and the
  240  judicial branch in a form, manner, and timeframe prescribed in
  241  written instructions prepared by the Executive Office of the
  242  Governor in consultation with the chairs of the legislative
  243  appropriations committees.
  244         (4) Each state executive agency and the judicial branch
  245  shall post its their long-range program plan plans on its
  246  website their Internet websites not later than September 30 30th
  247  of each year, and provide written notice to the Governor and the
  248  Legislature that the plan has plans have been posted.
  249         (5) The state agencies and the judicial branch shall make
  250  appropriate adjustments to their long-range program plans,
  251  excluding adjustments to performance measures and standards, to
  252  be consistent with the appropriations in the General
  253  Appropriations Act and legislation implementing the General
  254  Appropriations Act. Agencies and the judicial branch have 30
  255  days after subsequent to the effective date of the General
  256  Appropriations Act and implementing legislation to make
  257  adjustments to their plans as posted on their Internet websites.
  258         (6) Long-range program plans developed pursuant to this
  259  chapter are not rules and, therefore, are not subject to the
  260  provisions of chapter 120.
  261         Section 2. Subsections (2) and (3), paragraph (b) of
  262  subsection (4), and subsections (5), (7), (8), and (9) of
  263  section 216.023, Florida Statutes, are amended to read:
  264         216.023 Legislative budget requests to be furnished to
  265  Legislature by agencies.—
  266         (2) The judicial branch and the Division of Administrative
  267  Hearings shall submit its their complete legislative budget
  268  requests directly to the Legislature with a copy to the
  269  Governor, as chief budget officer of the state, in the form and
  270  manner as prescribed in the budget instructions. However, the
  271  complete legislative budget requests, including all supporting
  272  forms and schedules required by this chapter, shall be submitted
  273  no later than October 15 of each year unless an alternative date
  274  is agreed to be in the best interest of the state by the
  275  Governor and the chairs of the legislative appropriations
  276  committees.
  277         (3) The Executive Office of the Governor and the
  278  appropriations committees of the Legislature shall jointly
  279  develop legislative budget instructions for preparing the
  280  exhibits and schedules that make up the agency budget from which
  281  each agency and the judicial branch shall prepare its their
  282  budget request. The budget instructions must shall be consistent
  283  with s. 216.141 and shall be transmitted to each agency and to
  284  the judicial branch no later than July 15 of each year unless an
  285  alternative date is agreed to be in the best interest of the
  286  state by the Governor and the chairs of the legislative
  287  appropriations committees. In the event that agreement cannot be
  288  reached between the Executive Office of the Governor and the
  289  appropriations committees of the Legislature regarding
  290  legislative budget instructions, the issue shall be resolved by
  291  the Governor, the President of the Senate, and the Speaker of
  292  the House of Representatives.
  293         (4)
  294         (b) It is the intent of the Legislature that total
  295  accountability measures, including unit-cost data, serve not
  296  only as a budgeting tool but also as a policymaking tool and an
  297  accountability tool. Therefore, each state agency and the
  298  judicial branch must submit a summary of information for the
  299  preceding year in accordance with the legislative budget
  300  instructions. Each summary must provide a one-page overview and
  301  must contain:
  302         1. The final budget for the agency and the judicial branch.
  303         2. Total funds from the General Appropriations Act.
  304         3. Adjustments to the General Appropriations Act.
  305         4. The line-item listings of all activities.
  306         5. The number of activity units performed or accomplished.
  307         6. Total expenditures for each activity, including amounts
  308  paid to contractors and subordinate entities. Expenditures
  309  related to administrative activities not aligned with output
  310  measures must consistently be allocated to activities with
  311  output measures prior to computing unit costs.
  312         7. The cost per unit for each activity, including the costs
  313  allocated to contractors and subordinate entities.
  314         8. The total amount of reversions and pass-through
  315  expenditures omitted from unit-cost calculations.
  316  
  317  At the regular session immediately following the submission of
  318  the agency unit cost summary, the Legislature shall reduce in
  319  the General Appropriations Act for the ensuing fiscal year, by
  320  an amount equal to at least 10 percent of the allocation for the
  321  fiscal year preceding the current fiscal year, the funding of
  322  each state agency that fails to submit the report required under
  323  this paragraph.
  324         (5) As a part of the legislative budget request, the head
  325  of each state agency and the Chief Justice of the Supreme Court
  326  for the judicial branch shall include an inventory of all
  327  litigation in which the agency is involved that may require
  328  additional appropriations to the agency, that may significantly
  329  affect revenues received or anticipated to be received by the
  330  state, or that may require amendments to the law under which the
  331  agency operates. No later than March 1 following the submission
  332  of the legislative budget request, the head of the state agency
  333  and the Chief Justice of the Supreme Court shall provide an
  334  update of any additions or changes to the inventory. Such
  335  inventory shall include information specified annually in the
  336  legislative budget instructions and, within the discretion of
  337  the head of the state agency or the Chief Justice of the Supreme
  338  Court, may contain only information found in the pleadings.
  339         (7) The Executive Office of the Governor shall review the
  340  legislative budget request for technical compliance with the
  341  budget format provided for in the budget instructions. The
  342  Executive Office of the Governor shall notify the agency or the
  343  judicial branch of any adjustment required. The agency or
  344  judicial branch shall make the appropriate corrections as
  345  requested. If the appropriate technical corrections are not made
  346  as requested, the Executive Office of the Governor shall adjust
  347  the budget request to incorporate the appropriate technical
  348  corrections in the format of the request.
  349         (8) At any time after the Governor submits his or her
  350  recommended budget to the Legislature, the head of the agency or
  351  judicial branch may amend his or her request by transmitting to
  352  the Governor and the Legislature an amended request in the form
  353  and manner prescribed in the legislative budget instructions.
  354         (9) The Legislature shall review the legislative budget
  355  request from each agency and from the judicial branch shall be
  356  reviewed by the Legislature. The review may allow for the
  357  opportunity to have information or testimony by the agency, the
  358  judicial branch, the Auditor General, the Office of Program
  359  Policy Analysis and Government Accountability, the Governor’s
  360  Office of Planning and Budgeting, and the public regarding the
  361  proper level of funding for the agency in order to carry out its
  362  mission.
  363         Section 3. Section 216.031, Florida Statutes, is amended to
  364  read:
  365         216.031 Target budget request.—Either chair of a
  366  legislative appropriations committee, or the Executive Office of
  367  the Governor for state agencies, may require the agency or the
  368  Chief Justice to address major issues separate from those
  369  outlined in s. 216.023, this section, and s. 216.043 for
  370  inclusion in the requests of the agency or of the judicial
  371  branch. The issues shall be submitted to the agency no later
  372  than July 30 of each year and shall be displayed in its requests
  373  as provided in the budget instructions. The Executive Office of
  374  the Governor may request an agency, or the chair of an
  375  appropriations committee of the Senate or the House of
  376  Representatives may request any agency or the judicial branch,
  377  to submit a budget plan with respect to targets established by
  378  the Governor or either chair. The target budget shall require
  379  each entity to establish an order of priorities for its budget
  380  issues and may include requests for multiple options for the
  381  budget issues. The target budget format shall be compatible with
  382  the planning and budgeting system requirements set out in s.
  383  216.141. Such a request may shall not influence the agencies’ or
  384  judicial branch’s independent judgment in making legislative
  385  budget requests, as required by law.
  386         Section 4. Subsection (1) and paragraph (a) of subsection
  387  (3) of section 216.043, Florida Statutes, are amended to read:
  388         216.043 Budgets for fixed capital outlay.—
  389         (1) A legislative budget request, reflecting the
  390  independent judgment of the head of the agency or of the Chief
  391  Justice of the Supreme Court with respect to the needs of the
  392  agency or of the judicial branch for fixed capital outlay during
  393  the next fiscal year, shall be submitted by each head of an
  394  agency and by the Chief Justice and shall contain:
  395         (a) An estimate in itemized form showing the amounts needed
  396  for fixed capital outlay expenditures, to include a detailed
  397  statement of program needs, estimated construction costs and
  398  square footage, site costs, operating capital necessary to
  399  furnish and equip for operating a new or improved facility, and
  400  the anticipated sources of funding during the next fiscal year.
  401         (b) Proposed fixed capital outlay projects, including
  402  proposed operational standards related to programs and
  403  utilization, an analysis of continuing operating costs, and such
  404  other data as the Executive Office of the Governor deems
  405  necessary for state agencies, or the Chief Justice deems
  406  necessary for the judicial branch, to analyze the relationship
  407  of agency needs and program requirements to construction
  408  requirements. The plan shall also include the availability and
  409  suitability of privately constructed and owned buildings and
  410  facilities to meet the needs and program requirements of the
  411  agency or of the judicial branch.
  412         (c) For any budget request for fixed capital outlay or
  413  operating capital outlay which is to be funded by a proposed
  414  state debt or obligation as defined in s. 216.0442, the
  415  information set forth in s. 216.0442(2).
  416         (3) Each legislative budget request for fixed capital
  417  outlay submitted shall contain:
  418         (a) A schedule of projects planned to meet the 4-year
  419  requirements of the agency or of the judicial branch and a
  420  schedule of anticipated funding for the initial fiscal year of
  421  the 4-year period.
  422         Section 5. Section 216.044, Florida Statutes, is amended to
  423  read:
  424         216.044 Budget evaluation by Department of Management
  425  Services.—
  426         (1) Any state agency or judicial branch entity requesting a
  427  fixed capital outlay project to be managed by the Department of
  428  Management Services shall consult with that department during
  429  the budget development process. The Department of Management
  430  Services shall provide recommendations regarding construction
  431  requirements, cost of the project, and project alternatives to
  432  be incorporated in the agency’s or entity’s proposed fixed
  433  capital outlay budget request and narrative justification.
  434         (2) Concurrently with the submission of the fixed capital
  435  outlay legislative budget request to the Executive Office of the
  436  Governor or to the Chief Justice of the Supreme Court, the
  437  agency or judicial branch shall submit a copy of the legislative
  438  budget request to the Department of Management Services for
  439  evaluation.
  440         (3) The Department of Management Services shall advise the
  441  Executive Office of the Governor, the Chief Justice, and the
  442  Legislature regarding alternatives to the proposed fixed capital
  443  outlay project and make recommendations relating to the
  444  construction requirements and cost of the project. These
  445  recommendations shall be provided to the Legislature and
  446  Executive Office of the Governor at a time specified by the
  447  Governor, but not less than 90 days before prior to the regular
  448  session of the Legislature. When evaluating alternatives, the
  449  Department of Management Services shall include information as
  450  to whether it would be more cost-efficient to lease private
  451  property or facilities, to construct facilities on property
  452  presently owned by the state, or to acquire property on which to
  453  construct the facilities. In determining the cost to the state
  454  of constructing facilities on property presently owned by the
  455  state or the cost of acquiring property on which to construct
  456  facilities, the Department of Management Services shall include
  457  the costs which would be incurred by a private person in
  458  acquiring the property and constructing the facilities,
  459  including, but not limited to, taxes and return on investment.
  460         Section 6. Paragraphs (a) and (j) of subsection (1) and
  461  subsection (3) of section 216.0442, Florida Statutes, are
  462  amended to read:
  463         216.0442 Truth in bonding; definitions; summary of state
  464  debt; statement of proposed financing; truth-in-bonding
  465  statement.—
  466         (1) As used in this section, the following words and terms
  467  shall have the following meanings, unless the context otherwise
  468  requires:
  469         (a) “Costs of issuance” means all of those costs and
  470  expenses directly incurred by or on behalf of any state agency
  471  or the judicial branch in the process of issuing or incurring a
  472  debt or obligation. Such costs of issuance shall include, but
  473  are shall not be limited to, the costs of rating the debt or
  474  obligation, the costs of retaining professional services such as
  475  bond counsel or financial advisers, the amount of underwriter’s
  476  discount, printing costs, and the costs of the entity
  477  responsible for issuing or incurring the debt or obligation.
  478         (j) “State debt or obligation” means a debt or obligation
  479  incurred or issued by or on behalf of the state or any state
  480  agency or the judicial branch.
  481         (3) The failure of any state agency or the judicial branch
  482  to comply with the provisions of this section may shall not
  483  affect the validity of any state debt or obligation.
  484         Section 7. Section 216.081, Florida Statutes, is amended to
  485  read:
  486         216.081 Data on legislative and judicial branch expenses.—
  487         (1) In sufficient time to be included in the Governor’s
  488  recommended budget, estimates of the financial needs of the
  489  legislative branch and the judicial branch during the ensuing
  490  fiscal year shall be furnished to the Governor pursuant to
  491  chapter 11.
  492         (2) All of the data relative to the legislative branch and
  493  to the judicial branch shall be for information and guidance in
  494  estimating the total financial needs of the state for the
  495  ensuing fiscal year; none of these estimates shall be subject to
  496  revision or review by the Governor, and they must be included in
  497  the Governor’s recommended budget.
  498         (3) If the Governor does not receive timely estimates of
  499  the financial needs of the legislative branch, the Governor’s
  500  recommended budget shall include the amounts appropriated and
  501  budget entity structure established in the most recent General
  502  Appropriations Act.
  503         Section 8. Subsection (1), paragraphs (d), (e), and (f) of
  504  subsection (3), and subsection (4) of section 216.102, Florida
  505  Statutes, are amended to read:
  506         216.102 Filing of financial information; handling by Chief
  507  Financial Officer; penalty for noncompliance.—
  508         (1) By September 30 of each year, each agency supported by
  509  any form of taxation, licenses, fees, imposts, or exactions, the
  510  judicial branch, and, for financial reporting purposes, each
  511  component unit of the state as determined by the Chief Financial
  512  Officer shall prepare, using generally accepted accounting
  513  principles, and file with the Chief Financial Officer the
  514  financial and other information necessary for the preparation of
  515  annual financial statements for the State of Florida as of June
  516  30. In addition, each such agency and the judicial branch shall
  517  prepare financial statements showing the financial position and
  518  results of agency or branch operations as of June 30 for
  519  internal management purposes.
  520         (a) Each state agency and the judicial branch shall record
  521  the receipt and disbursement of funds from federal sources in a
  522  form and format prescribed by the Chief Financial Officer. The
  523  access to federal funds by the administering agencies or the
  524  judicial branch may not be authorized until:
  525         1. The deposit has been recorded in the Florida Accounting
  526  Information Resource Subsystem using proper, consistent codes
  527  that designate deposits as federal funds.
  528         2. The deposit and appropriate recording required by this
  529  paragraph have been verified by the office of the Chief
  530  Financial Officer.
  531         (b) The Chief Financial Officer shall publish a statewide
  532  policy detailing the requirements for recording receipt and
  533  disbursement of federal funds into the Florida Accounting
  534  Information Resource Subsystem and provide technical assistance
  535  to the agencies and the judicial branch to implement the policy.
  536         (3) The Chief Financial Officer shall:
  537         (d) Notify each agency and the judicial branch of the data
  538  that is required to be recorded to enhance accountability for
  539  tracking federal financial assistance.
  540         (e) Provide reports, as requested, to executive or judicial
  541  branch entities, the President of the Senate, the Speaker of the
  542  House of Representatives, and the members of the Florida
  543  Congressional Delegation, detailing the federal financial
  544  assistance received and disbursed by state agencies and the
  545  judicial branch.
  546         (f) Consult with and elicit comments from the Executive
  547  Office of the Governor on changes to the Florida Accounting
  548  Information Resource Subsystem which clearly affect the
  549  accounting of federal funds, so as to ensure consistency of
  550  information entered into the Federal Aid Tracking System by
  551  state executive and judicial branch entities. While efforts
  552  shall be made to ensure the compatibility of the Florida
  553  Accounting Information Resource Subsystem and the Federal Aid
  554  Tracking System, any successive systems serving identical or
  555  similar functions shall preserve such compatibility.
  556  
  557  The Chief Financial Officer may furnish and publish in
  558  electronic form the financial statements and the comprehensive
  559  annual financial report required under paragraphs (a), (b), and
  560  (c).
  561         (4) If any agency or the judicial branch fails to comply
  562  with subsection (1) or subsection (2), the Chief Financial
  563  Officer may refuse to honor salary claims for agency or branch
  564  fiscal and executive staff until the agency or branch corrects
  565  its deficiency.
  566         Section 9. Section 216.131, Florida Statutes, is amended to
  567  read:
  568         216.131 Public hearings on legislative budgets.—The
  569  Governor and the Chief Justice of the Supreme Court shall each
  570  provide for at least one public hearing before prior to
  571  submission of budget recommendations to the Legislature on
  572  issues contained in agency legislative budget requests or in the
  573  judicial branch budget request and issues that may be included
  574  in budget recommendations to the Legislature, which hearing
  575  shall be held at such time as the Governor or the Chief Justice
  576  may fix. The Governor may require the attendance or
  577  participation, or both, at his or her hearings of the heads or
  578  responsible representatives of all state agencies supported by
  579  any form of taxation or licenses, fees, imposts, or exactions.
  580  The Governor and the Chief Justice may provide these hearings
  581  simultaneously via electronic format, such as teleconference,
  582  Internet, etc., provided that a means for active participation
  583  and questions by the audience is accommodated.
  584         Section 10. Section 216.135, Florida Statutes, is amended
  585  to read:
  586         216.135 Use of official information by state agencies and
  587  the judicial branch.—Each state agency and the judicial branch
  588  shall use the official information developed by the consensus
  589  estimating conferences in carrying out its their duties under
  590  the state planning and budgeting system.
  591         Section 11. Section 216.179, Florida Statutes, is amended
  592  to read:
  593         216.179 Reinstatement of vetoed appropriations by
  594  administrative means prohibited.—After the Governor has vetoed a
  595  specific appropriation for an agency or the judicial branch,
  596  neither the Governor, the Chief Justice of the Supreme Court,
  597  nor a state agency, in their various statutory and
  598  constitutional roles, may authorize expenditures for or
  599  implementation in any manner of the programs that were
  600  authorized by the vetoed appropriation.
  601         Section 12. Section 216.181, Florida Statutes, is amended
  602  to read:
  603         216.181 Approved budgets for operations and fixed capital
  604  outlay.—
  605         (1) The General Appropriations Act and any other acts
  606  containing appropriations shall be considered the original
  607  approved operating budgets for operational and fixed capital
  608  expenditures. Amendments to the approved operating budgets for
  609  operational and fixed capital outlay expenditures from state
  610  agencies may be requested only through the Executive Office of
  611  the Governor and approved by the Governor and the Legislative
  612  Budget Commission as provided in this chapter. Amendments from
  613  the judicial branch may be requested only through the Chief
  614  Justice of the Supreme Court and must be approved by the Chief
  615  Justice and the Legislative Budget Commission as provided in
  616  this chapter. This includes amendments which are necessary to
  617  implement the provisions of s. 216.212 or s. 216.221.
  618         (2) Amendments to the original approved operating budgets
  619  for operational and fixed capital outlay expenditures must
  620  comply with the following guidelines in order to be approved by
  621  the Governor and the Legislative Budget Commission for the
  622  executive branch and the Chief Justice and the Legislative
  623  Budget Commission for the judicial branch:
  624         (a) The amendment must be consistent with legislative
  625  policy and intent.
  626         (b) The amendment may not initiate or commence a new
  627  program or a fixed capital outlay project, except as authorized
  628  by this chapter, or eliminate an existing program.
  629         (c) Except as authorized in s. 216.292 or other provisions
  630  of this chapter, the amendment may not provide funding or
  631  increased funding for items which were funded by the Legislature
  632  in an amount less than that requested by the agency in the
  633  legislative budget request or recommended by the Governor, or
  634  which were vetoed by the Governor.
  635         (d) For amendments that involve trust funds, there must be
  636  adequate and appropriate revenues available in the trust fund
  637  and the amendment must be consistent with the laws authorizing
  638  such trust funds and the laws relating to the use of the trust
  639  funds. However, a trust fund may shall not be increased in
  640  excess of the original approved budget, except as provided in
  641  subsection (11).
  642         (e) The amendment may shall not conflict with any provision
  643  of law.
  644         (f) The amendment must not provide funding for any issue
  645  which was requested by the agency or branch in its legislative
  646  budget request and not funded in the General Appropriations Act.
  647         (g) The amendment must include a written description of the
  648  purpose of the proposed change, an indication of why interim
  649  budget action is necessary, and the intended recipient of any
  650  funds for contracted services.
  651         (h) The amendment must not provide general salary increases
  652  which the Legislature has not authorized in the General
  653  Appropriations Act or other laws.
  654         (3) All amendments to original approved operating budgets,
  655  regardless of funding source, are subject to the notice and
  656  objection procedures set forth in s. 216.177.
  657         (4) To the extent possible, individual members of the
  658  Senate and the House of Representatives should be advised of
  659  budget amendments requested by the executive branch and judicial
  660  branch.
  661         (5) An amendment to the original operating budget for an
  662  information technology project or initiative that involves more
  663  than one agency, has an outcome that impacts another agency, or
  664  exceeds $500,000 in total cost over a 1-year period, except for
  665  those projects that are a continuation of hardware or software
  666  maintenance or software licensing agreements, or that are for
  667  desktop replacement that is similar to the technology currently
  668  in use must be approved by the Executive Office of the Governor
  669  for the executive branch or by the Chief Justice for the
  670  judicial branch, and shall be subject to approval by the
  671  Legislative Budget Commission as well as the notice and
  672  objection procedures set forth in s. 216.177.
  673         (6)(a) A detailed plan allocating a lump-sum appropriation
  674  to traditional appropriations categories shall be submitted by
  675  the affected agency to the Executive Office of the Governor or
  676  the Chief Justice of the Supreme Court. The Executive Office of
  677  the Governor and the Chief Justice of the Supreme Court shall
  678  submit such plan to the chair and vice chair of the Legislative
  679  Budget Commission either before or concurrent with the
  680  submission of any budget amendment that recommends the transfer
  681  and release of the balance of a lump-sum appropriation.
  682         (b) The Executive Office of the Governor and the Chief
  683  Justice of the Supreme Court may amend, without approval of the
  684  Legislative Budget Commission, state agency and judicial branch
  685  entity budgets, respectively, to reflect the transferred funds
  686  and to provide the associated increased salary rate based on the
  687  approved plans for lump-sum appropriations. Any action proposed
  688  pursuant to this paragraph is subject to the procedures set
  689  forth in s. 216.177.
  690  
  691  The Executive Office of the Governor shall transmit to each
  692  state agency and the Chief Financial Officer, and the Chief
  693  Justice shall transmit to each judicial branch component and the
  694  Chief Financial Officer, any approved amendments to the approved
  695  operating budgets.
  696         (7) The Executive Office of the Governor may, for the
  697  purpose of improved contract administration, authorize the
  698  consolidation of two or more fixed capital outlay appropriations
  699  for an agency, and the Chief Justice of the Supreme Court for
  700  the judicial branch, except for projects authorized under
  701  chapter 1013, provided the original scope and purpose of each
  702  project are not changed.
  703         (8) As part of the approved operating budget, the Executive
  704  Office of the Governor shall furnish to each state agency, and
  705  the Chief Justice of the Supreme Court shall furnish to the
  706  entity of the judicial branch, an approved annual salary rate
  707  for each budget entity containing a salary appropriation. This
  708  rate shall be based upon the actual salary rate and shall be
  709  consistent with the General Appropriations Act or special
  710  appropriations acts. The annual salary rate shall be:
  711         (a) Determined by the salary rate specified in the General
  712  Appropriations Act and adjusted for reorganizations authorized
  713  by law, for any other appropriations made by law, and, subject
  714  to s. 216.177, for distributions of lump-sum appropriations and
  715  administered funds and for actions that require authorization of
  716  salary rate from salary rate reserve and placement of salary
  717  rate in salary rate reserve.
  718         (b) Controlled by department or agency; except for the
  719  Department of Education, which shall be controlled by division
  720  and for the judicial branch, which shall be controlled at the
  721  branch level.
  722         (c) Assigned to the number of authorized positions.
  723         (9) An No agency or the judicial branch may not exceed its
  724  maximum approved annual salary rate for the fiscal year.
  725  However, at any time during the fiscal year, an agency or entity
  726  of the judicial branch may exceed its approved rate for all
  727  budget entities by no more than 5 percent, provided that, by
  728  June 30 of every fiscal year, the agency or entity of the
  729  judicial branch has reduced its salary rate so that the salary
  730  rate for each department is within the approved rate limit for
  731  that department.
  732         (10)(a) The Legislative Budget Commission may authorize
  733  increases or decreases in the approved salary rate, except as
  734  authorized in paragraph (8)(a), for positions pursuant to the
  735  request of the agency filed with the Executive Office of the
  736  Governor or pursuant to the request of an entity of the judicial
  737  branch filed with the Chief Justice of the Supreme Court, if
  738  deemed necessary and in the best interest of the state and
  739  consistent with legislative policy and intent.
  740         (b) Lump-sum salary bonuses may be provided only if
  741  specifically appropriated or provided pursuant to s. 110.1245 or
  742  s. 216.1815.
  743         (c) The salary rate provisions of subsections (8) and (9)
  744  and this subsection do not apply to the general office program
  745  of the Executive Office of the Governor.
  746         (11)(a) The Executive Office of the Governor and the Chief
  747  Justice of the Supreme Court may approve changes in the amounts
  748  appropriated from state trust funds in excess of those in the
  749  approved operating budget up to $1 million only pursuant to the
  750  federal funds provisions of s. 216.212, when grants and
  751  donations are received after April 1, or when deemed necessary
  752  due to a set of conditions that were unforeseen at the time the
  753  General Appropriations Act was adopted and that are essential to
  754  correct in order to continue the operation of government.
  755         (b) Changes in the amounts appropriated from state trust
  756  funds in excess of those in the approved operating budget which
  757  are in excess of $1 million may be approved only by the
  758  Legislative Budget Commission pursuant to the request of a state
  759  agency filed with the Executive Office of the Governor or
  760  pursuant to the request of an entity of the judicial branch
  761  filed with the Chief Justice of the Supreme Court.
  762         (c) Notwithstanding the provisions of paragraphs (a) and
  763  (b) to the contrary, the Executive Office of the Governor may
  764  approve changes in the amounts appropriated to the Department of
  765  Military Affairs for fixed capital outlay projects when the
  766  department has received federal funds for specific fixed capital
  767  outlay projects that do not carry a continuing commitment for
  768  future appropriations by the Legislature.
  769         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
  770  for the 2015-2016 fiscal year only, the Legislative Budget
  771  Commission may increase the amounts appropriated to the Fish and
  772  Wildlife Conservation Commission or the Department of
  773  Environmental Protection for fixed capital outlay projects,
  774  including additional fixed capital outlay projects, using funds
  775  provided to the state from the Gulf Environmental Benefit Fund
  776  administered by the National Fish and Wildlife Foundation; funds
  777  provided to the state from the Gulf Coast Restoration Trust Fund
  778  related to the Resources and Ecosystems Sustainability, Tourist
  779  Opportunities, and Revived Economies of the Gulf Coast Act of
  780  2012 (RESTORE Act); or funds provided by the British Petroleum
  781  Corporation (BP) for natural resource damage assessment early
  782  restoration projects. Concurrent with submission of an amendment
  783  to the Legislative Budget Commission pursuant to this paragraph,
  784  any project that carries a continuing commitment for future
  785  appropriations by the Legislature must be specifically
  786  identified, together with the projected amount of the future
  787  commitment associated with the project and the fiscal years in
  788  which the commitment is expected to commence. This paragraph
  789  expires July 1, 2016.
  790  
  791  The provisions of this subsection are subject to the notice and
  792  objection procedures set forth in s. 216.177.
  793         (12) There is appropriated nonoperating budget for refunds,
  794  payments to the United States Treasury, and payments of the
  795  service charge to the General Revenue Fund. Such authorized
  796  budget, together with related releases, shall be transmitted by
  797  the state agency or by the judicial branch to the Chief
  798  Financial Officer for entry in his or her records in the manner
  799  and format prescribed by the Executive Office of the Governor in
  800  consultation with the Chief Financial Officer. A copy of such
  801  authorized budgets shall be furnished to the Executive Office of
  802  the Governor or the Chief Justice, the chairs of the legislative
  803  committees responsible for developing the general appropriations
  804  acts, and the Auditor General. Notwithstanding the duty
  805  specified for each state agency in s. 17.61(3), the Governor may
  806  withhold approval of nonoperating investment authority for
  807  certain trust funds when deemed in the best interest of the
  808  state. The Governor for the executive branch, and the Chief
  809  Justice for the judicial branch, may establish nonoperating
  810  budgets, with the approval of the chairs of the Senate and the
  811  House of Representatives appropriations committees, for
  812  transfers, purchase of investments, special expenses,
  813  distributions, transfers of funds specifically required by law,
  814  and any other nonoperating budget categories they deem necessary
  815  and in the best interest of the state and consistent with
  816  legislative intent and policy. For purposes of this section, the
  817  term “nonoperating budgets” means nonoperating disbursement
  818  authority for purchase of investments, refunds, payments to the
  819  United States Treasury, transfers of funds specifically required
  820  by law, distributions of assets held by the state in a trustee
  821  capacity as an agent of fiduciary, special expenses, and other
  822  nonoperating budget categories, as determined necessary by the
  823  Executive Office of the Governor and the chairs of the Senate
  824  and the House of Representatives appropriations committees, not
  825  otherwise appropriated in the General Appropriations Act. The
  826  establishment of nonoperating budget authority shall be deemed
  827  approved by a chair of a legislative committee if written notice
  828  of the objection is not provided to the Governor or Chief
  829  Justice, as appropriate, within 14 days of the chair receiving
  830  notice of the action pursuant to the provisions of s. 216.177.
  831         (13) Each state agency and the judicial branch shall
  832  develop the internal management procedures and budgets necessary
  833  to assure compliance with the approved operating budget.
  834         (14) The Executive Office of the Governor and the Chief
  835  Justice of the Supreme Court shall certify the amounts approved
  836  for operations and fixed capital outlay, together with any
  837  relevant supplementary materials or information, to the Chief
  838  Financial Officer; and such certification shall be the Chief
  839  Financial Officer’s guide with reference to the expenditures of
  840  each state agency pursuant to s. 216.192.
  841         (15) The provisions of this section do not apply to the
  842  budgets for the legislative branch.
  843         (16)(a) Funds provided in any specific appropriation in the
  844  General Appropriations Act may be advanced if the General
  845  Appropriations Act specifically so provides.
  846         (b) Any agency, or the judicial branch, that has been
  847  authorized by the General Appropriations Act or expressly
  848  authorized by other law to make advances for program startup or
  849  advances for contracted services, in total or periodically,
  850  shall limit such disbursements to other governmental entities
  851  and not-for-profit corporations. The amount that may be advanced
  852  may shall not exceed the expected cash needs of the contractor
  853  or recipient within the initial 3 months. Thereafter,
  854  disbursements shall only be made on a reimbursement basis. Any
  855  agreement that provides for advancements may contain a clause
  856  that permits the contractor or recipient to temporarily invest
  857  the proceeds, provided that any interest income shall either be
  858  returned to the agency or be applied against the agency’s
  859  obligation to pay the contract amount. This paragraph does not
  860  constitute lawful authority to make any advance payment not
  861  otherwise authorized by laws relating to a particular agency or
  862  general laws relating to the expenditure or disbursement of
  863  public funds. The Chief Financial Officer may, after
  864  consultation with the legislative appropriations committees,
  865  advance funds beyond a 3-month requirement if it is determined
  866  to be consistent with the intent of the approved operating
  867  budget.
  868         (17) Except as otherwise specifically provided in this
  869  chapter or chapter 339, a change to the approved operating
  870  budget may not initiate or commence a fixed capital outlay
  871  project.
  872         Section 13. Section 216.1815, Florida Statutes, is amended
  873  to read:
  874         216.1815 Agency incentive and savings program.—
  875         (1) In order to provide an incentive for agencies and the
  876  judicial branch to re-engineer business processes and otherwise
  877  increase operating efficiency, it is the intent of the
  878  Legislature to allow agencies and the judicial branch to retain
  879  a portion of the savings produced by internally generated agency
  880  or judicial branch program efficiencies and cost reductions.
  881         (2) To be eligible to retain funds, an agency or the Chief
  882  Justice of the Supreme Court must submit a plan and an
  883  associated request to amend its approved operating budget to the
  884  Legislative Budget Commission specifying:
  885         (a) The modifications to approved programs resulting in
  886  efficiencies and cost savings;
  887         (b) The amount and source of the funds and positions saved;
  888         (c) The specific positions, rate, amounts, and sources of
  889  funds the agency or the judicial branch wishes to include in its
  890  incentive expenditures;
  891         (d) How the agency or the judicial branch will meet the
  892  goals and objectives established in its long-range program plan;
  893         (e) How the agency or the judicial branch will meet
  894  performance standards, including those in its long-range program
  895  plan; and
  896         (f) Any other incentive expenditures which the agency or
  897  the judicial branch believes will enhance its performance.
  898         (3) Notwithstanding the 14-day notice requirement contained
  899  in s. 216.177(2)(a), all plans and budget amendments submitted
  900  to the Legislative Budget Commission pursuant to this section
  901  shall be delivered at least 30 days prior to the date of the
  902  commission meeting at which the request will be considered.
  903         (4) In determining the amount the agency or the judicial
  904  branch will be allowed to retain, the commission shall consider
  905  the actual savings projected for the current budget year and the
  906  annualized savings.
  907         (5) The amount to be retained by the agency or the judicial
  908  branch shall be no less than 5 percent and no more than 25
  909  percent of the annual savings and may be used by the agency or
  910  the judicial branch for salary increases or other expenditures
  911  specified in the agency’s or the judicial branch’s plan if the
  912  salary increases or other expenditures do not create a recurring
  913  cost to the state in excess of the recurring savings achieved by
  914  the agency or the judicial branch in the plan.
  915         (6) Each agency or judicial branch allowed to retain funds
  916  pursuant to this section shall submit in its next legislative
  917  budget request a schedule showing how it used such funds.
  918         Section 14. Section 216.1826, Florida Statutes, is amended
  919  to read:
  920         216.1826 Activity-based planning and budgeting.—Agencies
  921  are directed to work in consultation with the Executive Office
  922  of the Governor and the appropriations and appropriate
  923  substantive committees of the Legislature, and the Chief Justice
  924  of the Supreme Court is directed to work with the appropriations
  925  and appropriate substantive committees of the Legislature, to
  926  identify and reach consensus on the appropriate services and
  927  activities for activity-based budgeting. It is the intent of the
  928  Legislature that all dollars within an agency or the judicial
  929  branch be allocated to the appropriate activity for budgeting
  930  purposes. Additionally, agencies or the judicial branch shall
  931  examine approved performance measures and recommend any changes
  932  so that outcomes are clearly delineated for each service or
  933  program, as appropriate, and outputs are aligned with
  934  activities. Output measures should be capable of being used to
  935  generate a unit cost for each activity resulting in a true
  936  accounting of what the state should spend on each activity it
  937  provides and what the state should expect to accomplish with
  938  those funds.
  939         Section 15. Section 216.1827, Florida Statutes, is amended
  940  to read:
  941         216.1827 Requirements for performance measures and
  942  standards.—
  943         (1) Agencies and the judicial branch shall maintain a
  944  comprehensive performance accountability system containing, at a
  945  minimum, a list of performance measures and standards that are
  946  adopted by the Legislature and subsequently amended pursuant to
  947  this section.
  948         (2)(a) Agencies and the judicial branch shall submit output
  949  and outcome measures and standards, as well as historical
  950  baseline and performance data pursuant to s. 216.013.
  951         (b) Agencies and the judicial branch shall also submit
  952  performance data, measures, and standards to the Office of
  953  Program Policy Analysis and Government Accountability upon
  954  request for review of the adequacy of the legislatively approved
  955  measures and standards.
  956         (3)(a) An agency may submit requests to delete or amend its
  957  existing approved performance measures and standards or
  958  activities, including alignment of activities to performance
  959  measures, or submit requests to create additional performance
  960  measures and standards or activities to the Executive Office of
  961  the Governor for review and approval. The request shall document
  962  the justification for the change and ensure that the revision,
  963  deletion, or addition is consistent with legislative intent.
  964  Revisions or deletions to or additions of performance measures
  965  and standards approved by the Executive Office of the Governor
  966  are subject to the review and objection procedure set forth in
  967  s. 216.177.
  968         (b) The Chief Justice of the Supreme Court may submit
  969  deletions or amendments of the judicial branch’s existing
  970  approved performance measures and standards or may submit
  971  additional performance measures and standards to the Legislature
  972  accompanied with justification for the change and ensure that
  973  the revision, deletion, or addition is consistent with
  974  legislative intent. Revisions or deletions to, or additions of
  975  performance measures and standards submitted by the Chief
  976  Justice of the Supreme Court are subject to the review and
  977  objection procedure set forth in s. 216.177.
  978         (4)(a) The Legislature may create, amend, and delete
  979  performance measures and standards. The Legislature may confer
  980  with the Executive Office of the Governor for state agencies
  981  before and the Chief Justice of the Supreme Court for the
  982  judicial branch prior to any such action.
  983         (b) The Legislature may require state agencies to submit
  984  requests for revisions, additions, or deletions to approved
  985  performance measures and standards to the Executive Office of
  986  the Governor for review and approval, subject to the review and
  987  objection procedure set forth in s. 216.177.
  988         (c) The Legislature may require the judicial branch to
  989  submit revisions, additions, or deletions to approved
  990  performance measures and standards to the Legislature, subject
  991  to the review and objection procedure set forth in s. 216.177.
  992         (c)(d) Any new agency created by the Legislature is subject
  993  to the initial performance measures and standards established by
  994  the Legislature. The Legislature may require state agencies and
  995  the judicial branch to provide any information necessary to
  996  create initial performance measures and standards.
  997         Section 16. Section 216.192, Florida Statutes, is amended
  998  to read:
  999         216.192 Release of appropriations; revision of budgets.—
 1000         (1) Unless otherwise provided in law, on July 1 of each
 1001  fiscal year, up to 25 percent of the original approved operating
 1002  budget of each agency and of the judicial branch may be released
 1003  until such time as annual plans for quarterly releases for all
 1004  appropriations have been developed, approved, and furnished to
 1005  the Chief Financial Officer by the Executive Office of the
 1006  Governor for state agencies and by the Chief Justice of the
 1007  Supreme Court for the judicial branch. The plans, including
 1008  appropriate plans of releases for fixed capital outlay projects
 1009  that correspond with each project schedule, shall attempt to
 1010  maximize the use of trust funds and shall be transmitted to the
 1011  Chief Financial Officer by August 1 of each fiscal year. Such
 1012  releases shall at no time exceed the total appropriations
 1013  available to a state agency or to the judicial branch, or the
 1014  approved budget for such agency or the judicial branch if less.
 1015  The Chief Financial Officer shall enter such releases in his or
 1016  her records in accordance with the release plans prescribed by
 1017  the Executive Office of the Governor and the Chief Justice,
 1018  unless otherwise amended as provided by law. The Executive
 1019  Office of the Governor and the Chief Justice shall transmit a
 1020  copy of the approved annual releases to the head of the state
 1021  agency, the chair and vice chair of the Legislative Budget
 1022  Commission, and the Auditor General. The Chief Financial Officer
 1023  shall authorize all expenditures to be made from the
 1024  appropriations on the basis of such releases and in accordance
 1025  with the approved budget, and not otherwise. Expenditures shall
 1026  be authorized only in accordance with legislative
 1027  authorizations. Nothing herein precludes periodic reexamination
 1028  and revision by the Executive Office of the Governor or by the
 1029  Chief Justice of the annual plans for release of appropriations
 1030  and the notifications of the parties of all such revisions.
 1031         (2) Any department under the direct supervision of a member
 1032  of the Cabinet or of a board consisting of the Governor and
 1033  members of the Cabinet which contends that the plan for releases
 1034  of funds appropriated to it is contrary to the approved
 1035  operating budget shall have the right to have the issue reviewed
 1036  by the Administration Commission which shall decide such issue
 1037  by majority vote.
 1038         (3) The Executive Office of the Governor shall make
 1039  releases within the amounts appropriated and as requested for
 1040  all appropriations to the legislative branch, and the provisions
 1041  of subsections (1) and (2) may shall not apply to the
 1042  legislative branch.
 1043         (4) The annual plans of releases authorized by this section
 1044  may be considered by the Revenue Estimating Conference in
 1045  preparation of the statement of financial outlook.
 1046         (5) In order to implement directives contained in the
 1047  General Appropriations Act or to prevent deficits pursuant to s.
 1048  216.221, the Executive Office of the Governor for the executive
 1049  branch and the Chief Justice for the judicial branch may place
 1050  appropriations in budget reserve or mandatory reserve.
 1051         (6) All budget actions taken pursuant to the provisions of
 1052  this section are subject to the notice and review procedures set
 1053  forth in s. 216.177.
 1054         Section 17. Section 216.195, Florida Statutes, is amended
 1055  to read:
 1056         216.195 Impoundment of funds; restricted.—The Executive
 1057  Office of the Governor, the Chief Justice of the Supreme Court,
 1058  any member of the Cabinet, or any state agency may shall not
 1059  impound any appropriation except as necessary to avoid or
 1060  eliminate a deficit pursuant to the provisions of s. 216.221. As
 1061  used in this section, the term “impoundment” means the omission
 1062  of any appropriation or part of an appropriation in the approved
 1063  operating plan prepared pursuant to s. 216.181 or in the
 1064  schedule of releases prepared pursuant to s. 216.192 or the
 1065  failure of any state agency or the judicial branch to spend an
 1066  appropriation for the stated purposes authorized in the approved
 1067  operating budget. The Governor or either house of the
 1068  Legislature may seek judicial review of any action or proposed
 1069  action which violates this section.
 1070         Section 18. Section 216.212, Florida Statutes, is amended
 1071  to read:
 1072         216.212 Budgets for federal funds; restrictions on
 1073  expenditure of federal funds.—
 1074         (1)(a) The Executive Office of the Governor and the office
 1075  of the Chief Financial Officer shall develop and implement
 1076  procedures for accelerating the drawdown of, and minimizing the
 1077  payment of interest on, federal funds. The Executive Office of
 1078  the Governor shall establish a clearinghouse for federal
 1079  programs and activities. The clearinghouse shall develop the
 1080  capacity to respond to federal grant opportunities and to
 1081  coordinate the use of federal funds in the state.
 1082         (b)(a) Every state agency, when making a request or
 1083  preparing a budget to be submitted to the Federal Government for
 1084  funds, equipment, material, or services, shall submit such
 1085  request or budget to the Executive Office of the Governor for
 1086  review before submitting it to the proper federal authority.
 1087  However, the Executive Office of the Governor may specifically
 1088  authorize any agency to submit specific types of grant proposals
 1089  directly to the Federal Government.
 1090         (b) Every office or court of the judicial branch, when
 1091  making a request or preparing a budget to be submitted to the
 1092  Federal Government for funds, equipment, material, or services,
 1093  shall submit such request or budget to the Chief Justice of the
 1094  Supreme Court for approval before submitting it to the proper
 1095  federal authority. However, the Chief Justice may specifically
 1096  authorize any court to submit specific types of grant proposals
 1097  directly to the Federal Government.
 1098         (2) When such federal authority has approved the request or
 1099  budget, the state agency or the judicial branch shall submit to
 1100  the Executive Office of the Governor such documentation showing
 1101  approval as that office prescribes. The Executive Office of the
 1102  Governor must acknowledge each approved request or budget by
 1103  entering that approval into an Automated Grant Management System
 1104  developed in consultation with the chairs of the House of
 1105  Representatives and Senate appropriations committees.
 1106         (3) Federal money appropriated by Congress or received from
 1107  court settlements to be used for state purposes, whether by
 1108  itself or in conjunction with moneys appropriated by the
 1109  Legislature, may not be expended unless appropriated by the
 1110  Legislature. However, the Executive Office of the Governor or
 1111  the Chief Justice of the Supreme Court may, after consultation
 1112  with the legislative appropriations committees, approve the
 1113  receipt and expenditure of funds from federal sources by state
 1114  agencies or by the judicial branch. Any federal programs
 1115  requiring state matching funds which funds were eliminated, or
 1116  were requested and were not approved, by the Legislature may not
 1117  be implemented during the interim. However, federal and other
 1118  fund sources for the State University System which do not carry
 1119  a continuing commitment on future appropriations are hereby
 1120  appropriated for the purpose received.
 1121         Section 19. Section 216.216, Florida Statutes, is amended
 1122  to read:
 1123         216.216 Court settlement funds negotiated by the state.—In
 1124  any court settlement in which a state agency or officer or any
 1125  other counsel representing the interests of the state negotiates
 1126  settlement amounts to be expended by the judicial branch or the
 1127  executive branch, such funds may not be expended unless the
 1128  Legislature has appropriated funds to the agency in the
 1129  appropriate category or the Legislative Budget Commission has
 1130  approved a budget amendment for such funds. In either instance,
 1131  the funding source identified must be sufficient to cover both
 1132  the anticipated program costs and the amount of the settlement,
 1133  the settlement must not be contrary to the intent of the
 1134  Legislature, and, if the settlement amount is substantial, good
 1135  reason must exist for entering into the settlement prior to the
 1136  next legislative session and no significant amount of recurring
 1137  funding shall be committed. When a state agency or officer
 1138  settles an action in which the state will receive moneys, the
 1139  funds shall be placed in the General Revenue Fund or in the
 1140  trust fund that is associated with the agency’s or officer’s
 1141  authority to pursue the legal action. The provisions of this
 1142  section are subject to the notice and review procedures set
 1143  forth in s. 216.177.
 1144         Section 20. Subsections (5), (7), (9), and (10) of section
 1145  216.221, Florida Statutes, are amended to read:
 1146         216.221 Appropriations as maximum appropriations;
 1147  adjustment of budgets to avoid or eliminate deficits.—
 1148         (5)(a) If, in the opinion of the Governor, after
 1149  consultation with the Revenue Estimating Conference, a deficit
 1150  will occur in the General Revenue Fund, he or she shall so
 1151  certify to the commission and to the Chief Justice of the
 1152  Supreme Court. No more than 30 days after certifying that a
 1153  deficit will occur in the General Revenue Fund, the Governor
 1154  shall develop for the executive branch, and the Chief Justice of
 1155  the Supreme Court shall develop for the judicial branch, and
 1156  provide to the commission and to the Legislature plans of action
 1157  to eliminate the deficit.
 1158         (b) If, in the opinion of the President of the Senate and
 1159  the Speaker of the House of Representatives, after consultation
 1160  with the Revenue Estimating Conference, a deficit will occur in
 1161  the General Revenue Fund and the Governor has not certified the
 1162  deficit, the President of the Senate and the Speaker of the
 1163  House of Representatives shall so certify. Within 30 days after
 1164  such certification, the Governor shall develop for the executive
 1165  branch and the Chief Justice of the Supreme Court shall develop
 1166  for the judicial branch and provide to the commission and to the
 1167  Legislature plans of action to eliminate the deficit.
 1168         (c) In developing a plan of action to prevent deficits in
 1169  accordance with subsection (7), the Governor and Chief Justice
 1170  shall, to the extent possible, preserve legislative policy and
 1171  intent, and, absent any specific direction to the contrary in
 1172  the General Appropriations Act, the Governor and Chief Justice
 1173  shall comply with the following guidelines for reductions in the
 1174  approved operating budgets of the executive branch and the
 1175  judicial branch:
 1176         1. Education budgets should not be reduced more than
 1177  provided for in s. 215.16(2).
 1178         2. The use of nonrecurring funds to solve recurring
 1179  deficits should be minimized.
 1180         3. Newly created programs that are not fully implemented
 1181  and programs with critical audits, evaluations, and reviews
 1182  should receive first consideration for reductions.
 1183         4. No agencies or branches of government receiving
 1184  appropriations should be exempt from reductions.
 1185         5. When reductions in positions are required, the focus
 1186  should be initially on vacant positions.
 1187         6. Reductions that would cause substantial losses of
 1188  federal funds should be minimized.
 1189         7. Reductions to statewide programs should occur only after
 1190  review of programs that provide only local benefits.
 1191         8. Reductions in administrative and support functions
 1192  should be considered before reductions in direct-support
 1193  services.
 1194         9. Maximum reductions should be considered in budgets for
 1195  expenses including travel and in budgets for equipment
 1196  replacement, outside consultants, and contracts.
 1197         10. Reductions in salaries for elected state officials
 1198  should be considered.
 1199         11. Reductions that adversely affect the public health,
 1200  safety, and welfare should be minimized.
 1201         12. The Budget Stabilization Fund should not be reduced to
 1202  a level that would impair the financial stability of this state.
 1203         13. Reductions in programs that are traditionally funded by
 1204  the private sector and that may be assumed by private enterprise
 1205  should be considered.
 1206         14. Reductions in programs that are duplicated among state
 1207  agencies or branches of government should be considered.
 1208         (7) Deficits in the General Revenue Fund that do not meet
 1209  the amounts specified by subsection (6) shall be resolved by the
 1210  Governor for the executive branch and the Chief Justice of the
 1211  Supreme Court for the judicial branch. The Governor and Chief
 1212  Justice shall implement any directions provided in the General
 1213  Appropriations Act related to eliminating deficits and to
 1214  reducing agency and judicial branch budgets, including the use
 1215  of those legislative appropriations voluntarily placed in
 1216  reserve. In addition, the Governor and Chief Justice shall
 1217  implement any directions in the General Appropriations Act
 1218  relating to the resolution of deficit situations. When reducing
 1219  state agency or judicial branch budgets, the Governor or the
 1220  Chief Justice, respectively, shall use the guidelines prescribed
 1221  in subsection (5). The Executive Office of the Governor, and the
 1222  Chief Justice for the judicial branch, shall implement the
 1223  deficit reduction plans through amendments to the approved
 1224  operating budgets in accordance with s. 216.181.
 1225         (9) If, in the opinion of the Chief Financial Officer,
 1226  after consultation with the Revenue Estimating Conference, a
 1227  deficit will occur, he or she shall report his or her opinion to
 1228  the Governor, the President of the Senate, and the Speaker of
 1229  the House of Representatives in writing. In the event the
 1230  Governor does not certify a deficit, or the President of the
 1231  Senate and the Speaker of the House of Representatives do not
 1232  certify a deficit within 10 days after the Chief Financial
 1233  Officer’s report, the Chief Financial Officer shall report his
 1234  or her findings and opinion to the commission and the Chief
 1235  Justice of the Supreme Court.
 1236         (10) When advised by the Revenue Estimating Conference, the
 1237  Chief Financial Officer, or any agency responsible for a trust
 1238  fund that a deficit will occur with respect to the
 1239  appropriations from a specific trust fund in the current fiscal
 1240  year, the Governor for the executive branch, or the Chief
 1241  Justice for the judicial branch, shall develop a plan of action
 1242  to eliminate the deficit. Before implementing the plan of
 1243  action, the Governor or the Chief Justice must comply with the
 1244  provisions of s. 216.177(2), and actions to resolve deficits in
 1245  excess of $1 million must be approved by the Legislative Budget
 1246  Commission. In developing the plan of action, the Governor or
 1247  the Chief Justice shall, to the extent possible, preserve
 1248  legislative policy and intent.
 1249         Section 21. Section 216.231, Florida Statutes, is amended
 1250  to read:
 1251         216.231 Release of certain classified appropriations.—
 1252         (1)(a) Any appropriation to the Executive Office of the
 1253  Governor which is classified as an emergency, as defined in s.
 1254  252.34, may be released only with the approval of the Governor.
 1255  The state agency, or the judicial branch, desiring the use of
 1256  the emergency appropriation shall submit to the Executive Office
 1257  of the Governor application in writing setting forth the facts
 1258  from which the alleged need arises. The Executive Office of the
 1259  Governor shall, at a public hearing, review such application
 1260  promptly and approve or disapprove the applications as the
 1261  circumstances may warrant. All actions of the Executive Office
 1262  of the Governor shall be reported to the legislative
 1263  appropriations committees, and the committees may advise the
 1264  Executive Office of the Governor relative to the release of such
 1265  funds.
 1266         (b) The release of appropriated funds classified as
 1267  “emergency” shall be approved only if an act or circumstance
 1268  caused by an act of God, civil disturbance, natural disaster, or
 1269  other circumstance of an emergency nature threatens, endangers,
 1270  or damages the property, safety, health, or welfare of the state
 1271  or its residents, which condition has not been provided for in
 1272  appropriation acts of the Legislature. Funds allocated for this
 1273  purpose may be used to pay overtime pay to personnel of agencies
 1274  called upon to perform extra duty because of any civil
 1275  disturbance or other emergency as defined in s. 252.34 and to
 1276  provide the required state match for federal grants under the
 1277  federal Disaster Relief Act.
 1278         (2) The release of appropriated funds classified as
 1279  “deficiency” shall be approved only when a General Revenue Fund
 1280  appropriation for operations of a state agency or of the
 1281  judicial branch is inadequate because the workload or cost of
 1282  the operation exceeds that anticipated by the Legislature and a
 1283  determination has been made by the Governor that the deficiency
 1284  will result in an impairment of the activities of an agency or
 1285  of the judicial branch to the extent that the agency is unable
 1286  to carry out its program as provided by the Legislature in the
 1287  general appropriations acts. These funds may not be used for
 1288  creation of any new agency or program, for increases of salary,
 1289  or for the construction or equipping of additional buildings.
 1290         (3) Notwithstanding any other provisions of law, moneys
 1291  appropriated in any appropriations act to the Governor for
 1292  discretionary contingencies may be expended at his or her
 1293  discretion to promote general government and intergovernmental
 1294  cooperation and to enhance the image of the state. All funds
 1295  expended for such purposes shall be accounted for, and a report
 1296  showing the amounts expended, the names of the persons receiving
 1297  the amounts expended, and the purpose of each expenditure shall
 1298  be annually reported to the Auditor General and the legislative
 1299  appropriations committees.
 1300         Section 22. Section 216.241, Florida Statutes, is amended
 1301  to read:
 1302         216.241 Initiation or commencement of new programs;
 1303  approval; expenditure of certain revenues.—
 1304         (1) A state agency or the judicial branch may not initiate
 1305  or commence any new program, including any new federal program
 1306  or initiative, or make changes in its current programs, as
 1307  provided for in the appropriations act, that require additional
 1308  financing unless funds have been specifically appropriated by
 1309  the Legislature or unless the Legislative Budget Commission
 1310  expressly approves such new program or changes.
 1311         (2) Changes that are inconsistent with the approved budget
 1312  may not be made to existing programs unless such changes are
 1313  recommended to the Legislative Budget Commission by the Governor
 1314  or the Chief Justice and the Legislative Budget Commission
 1315  expressly approves such program changes. This subsection is
 1316  subject to the notice, review, and objection procedures set
 1317  forth in s. 216.177.
 1318         (3) Any revenues generated by any tax or fee imposed by
 1319  amendment to the State Constitution after October 1, 1999, may
 1320  shall not be expended by any agency, as defined in s. 120.52(1),
 1321  except pursuant to appropriation by the Legislature.
 1322         Section 23. Subsection (2) of section 216.251, Florida
 1323  Statutes, is amended to read:
 1324         216.251 Salary appropriations; limitations.—
 1325         (2)(a) The salary for each position not specifically
 1326  indicated in the appropriations acts shall be as provided in one
 1327  of the following subparagraphs:
 1328         1. Within the classification and pay plans provided for in
 1329  chapter 110.
 1330         2. Within the classification and pay plans established by
 1331  the Board of Trustees for the Florida School for the Deaf and
 1332  the Blind of the Department of Education and approved by the
 1333  State Board of Education for academic and academic
 1334  administrative personnel.
 1335         3. Within the classification and pay plan approved and
 1336  administered by the Board of Governors or the designee of the
 1337  board for those positions in the State University System.
 1338         4. Within the classification and pay plan approved by the
 1339  President of the Senate and the Speaker of the House of
 1340  Representatives, as the case may be, for employees of the
 1341  Legislature.
 1342         5. Within the approved classification and pay plan for the
 1343  judicial branch.
 1344         (b) Salary payments shall be made only to employees filling
 1345  established positions included in the agency’s or in the
 1346  judicial branch’s approved budgets and amendments thereto as may
 1347  be provided by law; provided, however:
 1348         1. Reclassification of established positions may be
 1349  accomplished when justified in accordance with the established
 1350  procedures for reclassifying positions; or
 1351         2. When the Division of Risk Management of the Department
 1352  of Financial Services has determined that an employee is
 1353  entitled to receive a temporary partial disability benefit or a
 1354  temporary total disability benefit pursuant to the provisions of
 1355  s. 440.15 and there is medical certification that the employee
 1356  cannot perform the duties of the employee’s regular position,
 1357  but the employee can perform some type of work beneficial to the
 1358  agency, the agency may return the employee to the payroll, at
 1359  his or her regular rate of pay, to perform such duties as the
 1360  employee is capable of performing, even if there is not an
 1361  established position in which the employee can be placed.
 1362  Nothing in this subparagraph shall abrogate an employee’s rights
 1363  under chapter 440 or chapter 447, nor shall it adversely affect
 1364  the retirement credit of a member of the Florida Retirement
 1365  System in the membership class he or she was in at the time of,
 1366  and during, the member’s disability.
 1367         Section 24. Section 216.262, Florida Statutes, is amended
 1368  to read:
 1369         216.262 Authorized positions.—
 1370         (1)(a) Unless otherwise expressly provided by law, the
 1371  total number of authorized positions may not exceed the total
 1372  provided in the appropriations acts. If In the event any state
 1373  agency or entity of the judicial branch finds that the number of
 1374  positions so provided is not sufficient to administer its
 1375  authorized programs, it may file an application with the
 1376  Executive Office of the Governor or the Chief Justice; and, if
 1377  the Executive Office of the Governor or Chief Justice certifies
 1378  that there are no authorized positions available for addition,
 1379  deletion, or transfer within the agency as provided in paragraph
 1380  (c) and recommends an increase in the number of positions, the
 1381  Governor or the Chief Justice may recommend an increase in the
 1382  number of positions for the following reasons only:
 1383         1. To implement or provide for continuing federal grants or
 1384  changes in grants not previously anticipated.
 1385         2. To meet emergencies pursuant to s. 252.36.
 1386         3. To satisfy new federal regulations or changes therein.
 1387         4. To take advantage of opportunities to reduce operating
 1388  expenditures or to increase the revenues of the state or local
 1389  government.
 1390         5. To authorize positions that were not fixed by the
 1391  Legislature through error in drafting the appropriations acts.
 1392  
 1393  Actions recommended pursuant to this paragraph are subject to
 1394  approval by the Legislative Budget Commission. The certification
 1395  and the final authorization shall be provided to the Legislative
 1396  Budget Commission, the appropriations committees, and the
 1397  Auditor General.
 1398         (b) The Governor and the Chief Justice may, after a public
 1399  hearing, delete supervisory or managerial positions within a
 1400  department and establish direct service delivery positions in
 1401  excess of the number of supervisory or managerial positions
 1402  deleted. The salary rate for all positions authorized under this
 1403  paragraph may not exceed the salary rate for all positions
 1404  deleted under this paragraph. Positions affected by changes made
 1405  under this paragraph may be funded only from identical funding
 1406  sources.
 1407         (c)1. The Executive Office of the Governor, under such
 1408  procedures and qualifications as it deems appropriate, shall,
 1409  upon agency request, delegate to any state agency authority to
 1410  add and delete authorized positions or transfer authorized
 1411  positions from one budget entity to another budget entity within
 1412  the same division, and may approve additions and deletions of
 1413  authorized positions or transfers of authorized positions within
 1414  the state agency when such changes would enable the agency to
 1415  administer more effectively its authorized and approved
 1416  programs. The additions or deletions must be consistent with the
 1417  intent of the approved operating budget, must be consistent with
 1418  legislative policy and intent, and must not conflict with
 1419  specific spending policies specified in the General
 1420  Appropriations Act.
 1421         2. The Chief Justice of the Supreme Court shall have the
 1422  authority to establish procedures for the judicial branch to add
 1423  and delete authorized positions or transfer authorized positions
 1424  from one budget entity to another budget entity, and to add and
 1425  delete authorized positions within the same budget entity, when
 1426  such changes are consistent with legislative policy and intent
 1427  and do not conflict with spending policies specified in the
 1428  General Appropriations Act.
 1429         (d) An individual employed by a state agency or by the
 1430  judicial branch may not hold more than one employment during his
 1431  or her normal working hours with the state, such working hours
 1432  to be determined by the head of the state agency affected,
 1433  unless approved by the Department of Management Services, or
 1434  otherwise delegated to the agency head, or by the Chief Justice
 1435  of the Supreme Court, respectively.
 1436         (e) An individual employed by a state agency or by the
 1437  judicial branch may not fill more than a total of one full-time
 1438  equivalent established position, receive compensation
 1439  simultaneously from any appropriation other than appropriations
 1440  for salaries, or receive compensation simultaneously from more
 1441  than one state agency unless approved by the Department of
 1442  Management Services, or otherwise delegated to the agency head,
 1443  or by the Chief Justice, respectively, during each fiscal year.
 1444  The Department of Management Services may adopt uniform rules
 1445  applicable to the executive branch agencies to implement its
 1446  responsibilities under this paragraph.
 1447         (f) Perquisites may not be furnished by a state agency or
 1448  by the judicial branch unless approved by the Department of
 1449  Management Services, or otherwise delegated to the agency head,
 1450  or by the Chief Justice, respectively, during each fiscal year.
 1451  Whenever a state agency or the judicial branch is to furnish
 1452  perquisites, the Department of Management Services or the agency
 1453  head to which the approval has been delegated or the Chief
 1454  Justice, respectively, must approve the kind and monetary value
 1455  of such perquisites before they may be furnished. Perquisites
 1456  may be furnished only when in the best interest of the state due
 1457  to the exceptional or unique requirements of the position. The
 1458  value of a perquisite may not be used to compute an employee’s
 1459  base rate of pay or regular rate of pay unless required by the
 1460  Fair Labor Standards Act. Permissible perquisites include, but
 1461  are not limited to, moving expenses, clothing, use of vehicles
 1462  and other transportation, domestic services, groundskeeping
 1463  services, telephone services, medical services, housing,
 1464  utilities, and meals. The Department of Management Services may
 1465  adopt uniform rules applicable to the executive branch agencies
 1466  to implement its responsibilities under this paragraph, which
 1467  rules may specify additional perquisites, establish additional
 1468  criteria for each kind of perquisite, provide the procedure to
 1469  be used by executive agencies in applying for approvals, and
 1470  establish the required justification. As used in this section,
 1471  the term “perquisites” means those things, or the use thereof,
 1472  or services of a kind that confer on the officers or employees
 1473  receiving them some benefit that is in the nature of additional
 1474  compensation, or that reduce to some extent the normal personal
 1475  expenses of the officer or employee receiving them. The term
 1476  includes, but is not limited to, such things as quarters,
 1477  subsistence, utilities, laundry services, medical service, use
 1478  of state-owned vehicles for other than state purposes, and
 1479  servants paid by the state.
 1480         (g) If goods and services are to be sold to officers and
 1481  employees of a state agency or of the judicial branch rather
 1482  than being furnished as perquisites, the kind and selling price
 1483  thereof shall be approved by the Department of Management
 1484  Services, unless otherwise delegated to the agency head, or by
 1485  the Chief Justice, respectively, during each fiscal year before
 1486  such sales are made. The selling price may be deducted from any
 1487  amounts due by the state to any person receiving such things.
 1488  The amount of cash so deducted shall be faithfully accounted
 1489  for. This paragraph does not apply to sales to officers or
 1490  employees of items generally sold to the public and does not
 1491  apply to meals which may be provided without charge to
 1492  volunteers under a volunteer service program approved by the
 1493  Department of Management Services. The goods and services may
 1494  include, but are not limited to, medical services, long-term and
 1495  short-term rental housing, and laundry and transportation
 1496  services. The Department of Management Services may adopt
 1497  uniform rules applicable to the executive branch agencies to
 1498  implement its responsibilities under this paragraph, which rules
 1499  may specify other items that may be approved, the required
 1500  justification for proposed sales, and the manner in which
 1501  agencies will apply for approvals.
 1502         (2) The provisions of paragraphs (1)(d) and (e) do not
 1503  apply to an individual filling a position the salary of which
 1504  has been specifically fixed or limited by law. Unless
 1505  specifically authorized by law, an individual filling or
 1506  performing the duties of a position the salary of which has been
 1507  specifically fixed or limited by law may not receive
 1508  compensation from more than one appropriation, or in excess of
 1509  the amount so fixed or limited by law, regardless of any
 1510  additional duties performed by that individual in any capacity
 1511  or position. However, this subsection does not prohibit
 1512  additional compensation from an educational appropriation to any
 1513  person holding a position the salary of which is specifically
 1514  fixed or limited by law, provided such compensation does not
 1515  exceed payment for more than one course of instruction during
 1516  any one academic term and that such compensation is approved as
 1517  provided in paragraphs (1)(d) and (e). Any compensation received
 1518  by any person pursuant to the provisions of this subsection may
 1519  shall not be computed as a part of average final compensation
 1520  for retirement purposes under the provisions of chapter 121.
 1521         (3) A No full-time position may not shall be filled by more
 1522  than the equivalent of one full-time officer or employee, except
 1523  when extenuating circumstances exist. Extenuating circumstances
 1524  will be provided for in rules to be adopted by the Department of
 1525  Management Services or by the Chief Justice, respectively.
 1526         (4) Notwithstanding the provisions of this chapter relating
 1527  to increasing the number of authorized positions, and for the
 1528  2015-2016 fiscal year only, if the actual inmate population of
 1529  the Department of Corrections exceeds the inmate population
 1530  projections of the February 27, 2015, Criminal Justice
 1531  Estimating Conference by 1 percent for 2 consecutive months or 2
 1532  percent for any month, the Executive Office of the Governor,
 1533  with the approval of the Legislative Budget Commission, shall
 1534  immediately notify the Criminal Justice Estimating Conference,
 1535  which shall convene as soon as possible to revise the estimates.
 1536  The Department of Corrections may then submit a budget amendment
 1537  requesting the establishment of positions in excess of the
 1538  number authorized by the Legislature and additional
 1539  appropriations from unallocated general revenue sufficient to
 1540  provide for essential staff, fixed capital improvements, and
 1541  other resources to provide classification, security, food
 1542  services, health services, and other variable expenses within
 1543  the institutions to accommodate the estimated increase in the
 1544  inmate population. All actions taken pursuant to this subsection
 1545  are subject to review and approval by the Legislative Budget
 1546  Commission. This subsection expires July 1, 2016.
 1547         Section 25. Section 216.271, Florida Statutes, is amended
 1548  to read:
 1549         216.271 Revolving funds.—
 1550         (1) A No revolving fund may not be established or increased
 1551  in amount pursuant to s. 17.58(2), unless approved by the Chief
 1552  Financial Officer. The purpose and uses of a revolving fund may
 1553  not be changed without the prior approval of the Chief Financial
 1554  Officer. As used in this section, the term “revolving fund”
 1555  means a cash fund maintained within or outside the State
 1556  Treasury and established from an appropriation, to be used by an
 1557  agency or the judicial branch in making authorized expenditures.
 1558         (2) When the Chief Financial Officer approves a revolving
 1559  or petty cash fund for making refunds or other payments, such
 1560  fund shall be established from an account within the appropriate
 1561  fund to be known as “payments for revolving funds from funds not
 1562  otherwise appropriated.” Reimbursements made from revolving or
 1563  petty cash funds shall be made in strict accordance with the
 1564  provisions of s. 215.26(2). The Chief Financial Officer may
 1565  restrict the types of uses of any revolving fund established
 1566  pursuant to this section.
 1567         (3) Vouchers for reimbursement of expenditures from
 1568  revolving funds established under this section shall be
 1569  presented in a routine manner to the Chief Financial Officer for
 1570  approval and payment, the proceeds of which shall be returned to
 1571  the revolving or petty cash fund involved.
 1572         (4) The revolving or petty cash fund authorized herein
 1573  shall be properly maintained and accounted for by the agency or
 1574  by the judicial branch requesting the fund and, upon the
 1575  expiration of the need therefor, shall be returned in the amount
 1576  originally established to the appropriate fund for credit to the
 1577  payments for revolving funds account therein.
 1578         (5) Reimbursement to the revolving fund for uninsured
 1579  losses and theft may be made from the fund in which the
 1580  responsible operating department is budgeted. Such reimbursement
 1581  shall be submitted consistent with procedures specified by the
 1582  Chief Financial Officer.
 1583         Section 26. Section 216.275, Florida Statutes, is amended
 1584  to read:
 1585         216.275 Clearing accounts.—A No clearing account may not be
 1586  established outside the State Treasury pursuant to s. 17.58(2)
 1587  unless approved by the Chief Financial Officer during the fiscal
 1588  year. Each agency, or the judicial branch, desiring to maintain
 1589  a clearing account outside the State Treasury shall submit a
 1590  written request to do so to the Chief Financial Officer in
 1591  accordance with the format and manner prescribed by the Chief
 1592  Financial Officer. The Chief Financial Officer shall maintain a
 1593  listing of all clearing accounts approved during the fiscal
 1594  year.
 1595         Section 27. Subsections (1) through (4) and (6) of section
 1596  216.292, Florida Statutes, are amended to read:
 1597         216.292 Appropriations nontransferable; exceptions.—
 1598         (1)(a) Funds provided in the General Appropriations Act or
 1599  as otherwise expressly provided by law shall be expended only
 1600  for the purpose for which appropriated, except that such moneys
 1601  may be transferred as provided in this section when it is
 1602  determined to be in the best interest of the state.
 1603  Appropriations for fixed capital outlay may not be expended for
 1604  any other purpose. Appropriations may not be transferred between
 1605  state agencies, or between a state agency and the judicial
 1606  branch, unless specifically authorized by law.
 1607         (b)1. Authorized revisions of the original approved
 1608  operating budget, together with related changes in the plan for
 1609  release of appropriations, if any, shall be transmitted by the
 1610  state agency or by the judicial branch to the Executive Office
 1611  of the Governor or the Chief Justice, respectively, the chairs
 1612  of the Senate and the House of Representatives appropriations
 1613  committees, the Office of Program Policy Analysis and Government
 1614  Accountability, and the Auditor General. Such authorized
 1615  revisions shall be consistent with the intent of the approved
 1616  operating budget, shall be consistent with legislative policy
 1617  and intent, and may not conflict with specific spending policies
 1618  specified in the General Appropriations Act.
 1619         2. Authorized revisions, together with related changes, if
 1620  any, in the plan for release of appropriations shall be
 1621  transmitted by the state agency or by the judicial branch to the
 1622  Chief Financial Officer for entry in the Chief Financial
 1623  Officer’s records in the manner and format prescribed by the
 1624  Executive Office of the Governor in consultation with the Chief
 1625  Financial Officer.
 1626         3. The Executive Office of the Governor or the Chief
 1627  Justice shall forward a copy of the revisions within 7 working
 1628  days to the Chief Financial Officer for entry in his or her
 1629  records in the manner and format prescribed by the Executive
 1630  Office of the Governor in consultation with the Chief Financial
 1631  Officer.
 1632         (2) The following transfers are authorized to be made by
 1633  the head of each department or the Chief Justice of the Supreme
 1634  Court whenever it is deemed necessary by reason of changed
 1635  conditions:
 1636         (a) The transfer of appropriations funded from identical
 1637  funding sources, except appropriations for fixed capital outlay,
 1638  and the transfer of amounts included within the total original
 1639  approved budget and plans of releases of appropriations as
 1640  furnished pursuant to ss. 216.181 and 216.192, as follows:
 1641         1. Between categories of appropriations within a budget
 1642  entity, if no category of appropriation is increased or
 1643  decreased by more than 5 percent of the original approved budget
 1644  or $250,000, whichever is greater, by all action taken under
 1645  this subsection.
 1646         2. Between budget entities within identical categories of
 1647  appropriations, if no category of appropriation is increased or
 1648  decreased by more than 5 percent of the original approved budget
 1649  or $250,000, whichever is greater, by all action taken under
 1650  this subsection.
 1651         3. Any agency exceeding salary rate established pursuant to
 1652  s. 216.181(8) on June 30 30th of any fiscal year may shall not
 1653  be authorized to make transfers pursuant to subparagraphs 1. and
 1654  2. in the subsequent fiscal year.
 1655         4. Notice of proposed transfers under subparagraphs 1. and
 1656  2. shall be provided to the Executive Office of the Governor and
 1657  the chairs of the legislative appropriations committees at least
 1658  3 days prior to agency implementation in order to provide an
 1659  opportunity for review.
 1660         (b) After providing notice at least 5 working days prior to
 1661  implementation:
 1662         1. The transfer of funds within programs identified in the
 1663  General Appropriations Act from identical funding sources
 1664  between the following appropriation categories without
 1665  limitation so long as such a transfer does not result in an
 1666  increase, to the total recurring general revenue or trust fund
 1667  cost of the agency or entity of the judicial branch in the
 1668  subsequent fiscal year: other personal services, expenses,
 1669  operating capital outlay, food products, state attorney and
 1670  public defender operations, data processing services, operating
 1671  and maintenance of patrol vehicles, overtime payments, salary
 1672  incentive payments, compensation to retired judges, law
 1673  libraries, and juror and witness payments.
 1674         2. The transfer of funds and positions from identical
 1675  funding sources between salaries and benefits appropriation
 1676  categories within programs identified in the General
 1677  Appropriations Act. Such transfers must be consistent with
 1678  legislative policy and intent and may not adversely affect
 1679  achievement of approved performance outcomes or outputs in any
 1680  program.
 1681         (c) The transfer of funds appropriated to accounts
 1682  established for disbursement purposes upon release of such
 1683  appropriation upon request of a department and approval by the
 1684  Chief Financial Officer. Such transfer may only be made to the
 1685  same appropriation category and the same funding source from
 1686  which the funds are transferred.
 1687         (3) The following transfers are authorized with the
 1688  approval of the Executive Office of the Governor for the
 1689  executive branch or the Chief Justice for the judicial branch,
 1690  subject to the notice and objection provisions of s. 216.177:
 1691         (a) The transfer of appropriations for operations from
 1692  trust funds in excess of those provided in subsection (2), up to
 1693  $1 million.
 1694         (b) The transfer of positions between budget entities.
 1695         (4) The following transfers are authorized with the
 1696  approval of the Legislative Budget Commission. Unless waived by
 1697  the chair and vice chair of the commission, notice of such
 1698  transfers must be provided 14 days before the commission
 1699  meeting:
 1700         (a) The transfer of appropriations for operations from the
 1701  General Revenue Fund in excess of those provided in this section
 1702  but within a state agency or within the judicial branch, as
 1703  recommended by the Executive Office of the Governor or the Chief
 1704  Justice of the Supreme Court.
 1705         (b) The transfer of appropriations for operations from
 1706  trust funds in excess of those authorized in subsection (2) or
 1707  subsection (3), as recommended by the Executive Office of the
 1708  Governor or the Chief Justice of the Supreme Court.
 1709         (c) The transfer of the portion of an appropriation for a
 1710  named fixed capital outlay project found to be in excess of that
 1711  needed to complete the project to another project for which
 1712  there has been an appropriation in the same fiscal year from the
 1713  same fund and within the same department where a deficiency is
 1714  found to exist, at the request of the Executive Office of the
 1715  Governor for state agencies or the Chief Justice of the Supreme
 1716  Court for the judicial branch. The scope of a fixed capital
 1717  outlay project may not be changed by any transfer of funds made
 1718  pursuant to this subsection.
 1719         (d) The transfers necessary to accomplish the purposes of
 1720  reorganization within state agencies or the judicial branch
 1721  authorized by the Legislature when the necessary adjustments of
 1722  appropriations and positions have not been provided in the
 1723  General Appropriations Act.
 1724         (6) The Chief Financial Officer shall transfer from any
 1725  available funds of an agency or the judicial branch the
 1726  following amounts and shall report all such transfers and the
 1727  reasons therefor to the legislative appropriations committees
 1728  and the Executive Office of the Governor:
 1729         (a) The amount due to the Unemployment Compensation Trust
 1730  Fund which is more than 90 days delinquent on reimbursements due
 1731  to the Unemployment Compensation Trust Fund. The amount
 1732  transferred shall be that certified by the state agency
 1733  providing reemployment assistance tax collection services under
 1734  contract with the Department of Economic Opportunity through an
 1735  interagency agreement pursuant to s. 443.1316.
 1736         (b) The amount due to the Division of Risk Management which
 1737  is more than 90 days delinquent in payment to the Division of
 1738  Risk Management of the Department of Financial Services for
 1739  insurance coverage. The amount transferred shall be that
 1740  certified by the division.
 1741         (c) The amount due to the Communications Working Capital
 1742  Trust Fund from moneys appropriated in the General
 1743  Appropriations Act for the purpose of paying for services
 1744  provided by the state communications system in the Department of
 1745  Management Services which is unpaid 45 days after the billing
 1746  date. The amount transferred shall be that billed by the
 1747  department.
 1748         Section 28. Section 216.301, Florida Statutes, is amended
 1749  to read:
 1750         216.301 Appropriations; undisbursed balances.—
 1751         (1)(a) As of June 30 30th of each year, for appropriations
 1752  for operations only, each department and the judicial branch
 1753  shall identify in the state’s financial system any incurred
 1754  obligation which has not been disbursed, showing in detail the
 1755  commitment or to whom obligated and the amounts of such
 1756  commitments or obligations. Any appropriation not identified as
 1757  an incurred obligation effective June 30 30th shall revert to
 1758  the fund from which it was appropriated and shall be available
 1759  for reappropriation by the Legislature.
 1760         (b) The undisbursed release balance of any authorized
 1761  appropriation, except an appropriation for fixed capital outlay,
 1762  for any given fiscal year remaining on June 30 of the fiscal
 1763  year shall be carried forward in an amount equal to the incurred
 1764  obligations identified in paragraph (a). Any such incurred
 1765  obligations remaining undisbursed on September 30 shall revert
 1766  to the fund from which appropriated and shall be available for
 1767  reappropriation by the Legislature. The Chief Financial Officer
 1768  will monitor changes made to incurred obligations prior to the
 1769  September 30 reversion to ensure generally accepted accounting
 1770  principles and legislative intent are followed.
 1771         (c) In the event an appropriate identification of an
 1772  incurred obligation is not made and an incurred obligation is
 1773  proven to be legal, due, and unpaid, then the incurred
 1774  obligation shall be paid and charged to the appropriation for
 1775  the current fiscal year of the state agency or judicial branch
 1776  affected.
 1777         (d) Each department and the judicial branch shall maintain
 1778  the integrity of the General Revenue Fund. Appropriations from
 1779  the General Revenue Fund contained in the original approved
 1780  budget may be transferred to the proper trust fund for
 1781  disbursement. Any reversion of appropriation balances from
 1782  programs which receive funding from the General Revenue Fund and
 1783  trust funds shall be transferred to the General Revenue Fund
 1784  within 15 days after such reversion, unless otherwise provided
 1785  by federal or state law, including the General Appropriations
 1786  Act. The Executive Office of the Governor or the Chief Justice
 1787  of the Supreme Court shall determine the state agency or
 1788  judicial branch programs that which are subject to this
 1789  paragraph. This determination shall be subject to the
 1790  legislative consultation and objection process in this chapter.
 1791  The Education Enhancement Trust Fund is not shall not be subject
 1792  to the provisions of this section.
 1793         (2)(a) The balance of any appropriation for fixed capital
 1794  outlay which is not disbursed but expended, contracted, or
 1795  committed to be expended prior to February 1 of the second
 1796  fiscal year of the appropriation, or the third fiscal year if it
 1797  is for an educational facility as defined in chapter 1013 or for
 1798  a construction project of a state university, shall be certified
 1799  by the head of the affected state agency or judicial branch on
 1800  February 1 to the Executive Office of the Governor, showing in
 1801  detail the commitment or to whom obligated and the amount of the
 1802  commitment or obligation. The Executive Office of the Governor
 1803  for the executive branch and the Chief Justice for the judicial
 1804  branch shall review and approve or disapprove, consistent with
 1805  criteria jointly developed by the Executive Office of the
 1806  Governor and the legislative appropriations committees, the
 1807  continuation of such unexpended balances. The Executive Office
 1808  of the Governor shall, no later than February 28 of each year,
 1809  furnish the Chief Financial Officer, the legislative
 1810  appropriations committees, and the Auditor General a report
 1811  listing in detail the items and amounts reverting under the
 1812  authority of this subsection, including the fund to which
 1813  reverted and the agency affected.
 1814         (b) The certification required in this subsection shall be
 1815  in the form and on the date approved by the Executive Office of
 1816  the Governor. Any balance that is not certified shall revert to
 1817  the fund from which it was appropriated and be available for
 1818  reappropriation.
 1819         (c) The balance of any appropriation for fixed capital
 1820  outlay certified forward under paragraph (a) which is not
 1821  disbursed but expended, contracted, or committed to be expended
 1822  prior to the end of the second fiscal year of the appropriation,
 1823  or the third fiscal year if it is for an educational facility as
 1824  defined in chapter 1013 or for a construction project of a state
 1825  university, and any subsequent fiscal year, shall be certified
 1826  by the head of the affected state agency or the legislative or
 1827  judicial branch on or before August 1 of each year to the
 1828  Executive Office of the Governor, showing in detail the
 1829  commitment or to whom obligated and the amount of such
 1830  commitment or obligation. On or before September 1 of each year,
 1831  the Executive Office of the Governor shall review and approve or
 1832  disapprove, consistent with legislative policy and intent, any
 1833  or all of the items and amounts certified by the head of the
 1834  affected state agency and shall approve all items and amounts
 1835  certified by the Chief Justice of the Supreme Court and by the
 1836  legislative branch and shall furnish the Chief Financial
 1837  Officer, the legislative appropriations committees, and the
 1838  Auditor General a detailed listing of the items and amounts
 1839  approved as legal encumbrances against the undisbursed balances
 1840  of such appropriations. If such certification is not made and
 1841  the balance of the appropriation has reverted and the obligation
 1842  is proven to be legal, due, and unpaid, the obligation shall be
 1843  presented to the Legislature for its consideration.
 1844         Section 29. Section 216.313, Florida Statutes, is amended
 1845  to read:
 1846         216.313 Contract appropriation; requirements.—An executive
 1847  or judicial branch public officer or employee may not enter into
 1848  any contract or agreement on behalf of the state or judicial
 1849  branch which binds the state or its executive agencies or the
 1850  judicial branch for the purchase of services or tangible
 1851  personal property in excess of $5 million unless the contract
 1852  identifies the specific appropriation of state funds from which
 1853  the state will make payment under the contract in the first year
 1854  of the contract, unless the Legislature expressly authorizes the
 1855  agency or the judicial branch to enter into such contract absent
 1856  a specific appropriation of funds.
 1857         Section 30. Section 216.321, Florida Statutes, is amended
 1858  to read:
 1859         216.321 Construction of chapter 216 as unauthorized
 1860  expenditures and disbursements.—Nothing contained in any
 1861  legislative budget or operating budget shall be construed to be
 1862  an administrative or legislative construction affirming the
 1863  existence then of the lawful authority to make an expenditure or
 1864  disbursement for any purpose not otherwise authorized by laws of
 1865  the particular agency, judicial branch, or legislative branch
 1866  and the general laws relating to the expenditure or disbursement
 1867  of public funds.
 1868         Section 31. Section 216.345, Florida Statutes, is amended
 1869  to read:
 1870         216.345 Professional or other organization membership dues;
 1871  payment.—
 1872         (1) A state department, agency, bureau, commission, or
 1873  other component of state government, or the judicial branch,
 1874  upon approval by the head or the designated agent thereof, may
 1875  use utilize state funds for the purpose of paying dues for
 1876  membership in a professional or other organization only when
 1877  such membership is essential to the statutory duties and
 1878  responsibilities of the state agency.
 1879         (2) Upon certification by a professional or other
 1880  organization that it does not accept institutional memberships,
 1881  the agency or branch may authorize the use of state funds for
 1882  the payment of individual membership dues when such membership
 1883  is essential to the statutory duties and responsibilities of the
 1884  state agency or judicial branch by which the individual is
 1885  employed. However, approval may shall not be granted to pay
 1886  membership dues for maintenance of an individual’s professional
 1887  or trade status in any association or organization, except in
 1888  those instances where agency or branch membership is necessary
 1889  and purchase of an individual membership is more economical.
 1890         (3) Each agency and the judicial branch shall promulgate
 1891  specific criteria to be used to determine justification for
 1892  payment of such membership dues.
 1893         (4) Payments for membership dues are exempt from the
 1894  provisions of part I of chapter 287.
 1895         Section 32. Section 216.347, Florida Statutes, is amended
 1896  to read:
 1897         216.347 Disbursement of grants and aids appropriations for
 1898  lobbying prohibited.—A state agency or, a water management
 1899  district, or the judicial branch may not authorize or make any
 1900  disbursement of grants and aids appropriations pursuant to a
 1901  contract or grant to any person or organization unless the terms
 1902  of the grant or contract prohibit the expenditure of funds for
 1903  the purpose of lobbying the Legislature, the judicial branch, or
 1904  a state agency. The provisions of this section are supplemental
 1905  to the provisions of s. 11.062 and any other law prohibiting the
 1906  use of state funds for lobbying purposes. However, for the
 1907  purposes of this section and s. 11.062, the payment of funds for
 1908  the purpose of registering as a lobbyist may shall not be
 1909  considered a lobbying purpose.
 1910         Section 33. Chapter 221, Florida Statutes, to be entitled
 1911  “Judicial Branch Planning and Budgeting,” is created.
 1912         Section 34. Section 221.06, Florida Statutes, is created to
 1913  read:
 1914         221.06 Short title.—This chapter may be cited as the
 1915  “Judicial Branch Budgeting Act.”
 1916         Section 35. Section 221.07, Florida Statutes, is created to
 1917  read:
 1918         221.07 Long-range program plan.—The judicial branch shall
 1919  develop long-range program plans to achieve state goals using a
 1920  planning process that includes the development of integrated
 1921  judicial branch entity program service outcomes. The plans shall
 1922  be policy based, priority driven, accountable, and developed
 1923  through careful examination and justification of all judicial
 1924  branch programs.
 1925         (1) Long-range program plans must provide the framework for
 1926  the development of budget requests and must identify or update:
 1927         (a) The mission of the judicial branch.
 1928         (b) The goals established to accomplish the mission.
 1929         (c) The objectives developed to achieve state goals.
 1930         (d) The trends and conditions relevant to the mission,
 1931  goals, and objectives.
 1932         (e) The judicial branch programs that will be used to
 1933  implement state policy and achieve state goals and objectives.
 1934         (f) The program outcomes and standards to measure progress
 1935  toward program objectives.
 1936         (g) Information regarding performance measurement, which
 1937  includes, but is not limited to, how data is collected, the
 1938  methodology used to measure a performance indicator, the
 1939  validity and reliability of a measure, and the appropriateness
 1940  of a measure.
 1941         (h) Legislatively approved output and outcome performance
 1942  measures. Each performance measure must identify the associated
 1943  activity contributing to the measure from those identified in
 1944  accordance with s. 221.08(3)(b).
 1945         (i) Performance standards for each performance measure and
 1946  justification for the standards and the sources of data to be
 1947  used for measurement. Performance standards must include
 1948  standards for each affected activity and be expressed in terms
 1949  of the associated unit of activity.
 1950         (j) Prior-year performance data on approved performance
 1951  measures and an explanation of deviation from expected
 1952  performance. Performance data must be assessed for reliability
 1953  in accordance with s. 20.055.
 1954         (k) Proposed performance incentives and disincentives.
 1955         (2) Each long-range program plan must cover a period of 5
 1956  fiscal years, be revised annually, and remain in effect until
 1957  replaced or revised.
 1958         (3) The judicial branch shall present its long-range
 1959  program plans or revisions in a form, manner, and timeframe
 1960  prescribed in written instructions prepared by the Executive
 1961  Office of the Governor in consultation with the chairs of the
 1962  legislative appropriations committees.
 1963         (4) The judicial branch shall post its long-range program
 1964  plans on its websites not later than September 30 of each year
 1965  and provide written notice to the Governor and the Legislature
 1966  that the plans have been posted.
 1967         (5) The judicial branch shall make appropriate adjustments
 1968  to its long-range program plans, excluding adjustments to
 1969  performance measures and standards, to be consistent with the
 1970  appropriations in the General Appropriations Act and legislation
 1971  implementing the General Appropriations Act. The judicial branch
 1972  has 30 days after the effective date of the General
 1973  Appropriations Act and implementing legislation to make
 1974  adjustments to its plans as posted on its websites.
 1975         (6) Long-range program plans developed pursuant to this
 1976  chapter are not rules and, therefore, are not subject to chapter
 1977  120.
 1978         Section 36. Section 221.08, Florida Statutes, is created to
 1979  read:
 1980         221.08 Legislative budget requests to be furnished to
 1981  Legislature.—
 1982         (1) The judicial branch shall submit its complete
 1983  legislative budget requests directly to the Legislature with a
 1984  copy to the Governor, as chief budget officer of the state, in
 1985  the form and manner prescribed in the budget instructions.
 1986  However, the complete legislative budget requests, including all
 1987  supporting forms and schedules required by this chapter, shall
 1988  be submitted no later than October 15 of each year unless an
 1989  alternative date is agreed to be in the best interest of the
 1990  state by the Governor and the chairs of the legislative
 1991  appropriations committees.
 1992         (2) The Executive Office of the Governor and the
 1993  appropriations committees of the Legislature shall jointly
 1994  develop legislative budget instructions for preparing the
 1995  exhibits and schedules that make up the judicial branch entity
 1996  budget from which the judicial branch shall prepare its budget
 1997  request. The budget instructions shall be consistent with s.
 1998  216.141 and shall be transmitted to the judicial branch no later
 1999  than July 15 of each year unless an alternative date is agreed
 2000  to be in the best interest of the state by the Governor and the
 2001  chairs of the legislative appropriations committees. In the
 2002  event that agreement cannot be reached between the Executive
 2003  Office of the Governor and the appropriations committees of the
 2004  Legislature regarding legislative budget instructions, the issue
 2005  shall be resolved by the Governor, the President of the Senate,
 2006  and the Speaker of the House of Representatives.
 2007         (3)(a) The legislative budget request for each program must
 2008  contain:
 2009         1. The constitutional or statutory authority for a program,
 2010  a brief purpose statement, and approved program components.
 2011         2. Information on expenditures for 3 fiscal years,
 2012  including actual prior-year expenditures, current-year estimated
 2013  expenditures, and judicial branch entity budget requested
 2014  expenditures for the next fiscal year, by appropriation
 2015  category.
 2016         3. Details on trust funds and fees.
 2017         4. The total number of positions authorized, fixed, and
 2018  requested.
 2019         5. An issue narrative describing and justifying changes in
 2020  amounts and positions requested for current and proposed
 2021  programs for the next fiscal year.
 2022         6. Information resource requests.
 2023         7. Supporting information, including applicable cost
 2024  benefit analyses, business case analyses, performance
 2025  contracting procedures, service comparisons, and impacts on
 2026  performance standards for any request to outsource or privatize
 2027  judicial branch entity functions. The cost-benefit and business
 2028  case analyses must include an assessment of the impact on each
 2029  affected activity from those identified in accordance with
 2030  paragraph (b). Performance standards must include standards for
 2031  each affected activity and be expressed in terms of the
 2032  associated unit of activity.
 2033         8. An evaluation of major outsourcing and privatization
 2034  initiatives undertaken during the last 5 fiscal years having
 2035  aggregate expenditures exceeding $10 million during the term of
 2036  the contract. The evaluation must include an assessment of
 2037  contractor performance, a comparison of anticipated service
 2038  levels to actual service levels, and a comparison of estimated
 2039  savings to actual savings achieved. Consolidated reports issued
 2040  by the Department of Management Services may be used to satisfy
 2041  this requirement.
 2042         9. Supporting information for any proposed consolidated
 2043  financing of deferred-payment commodity contracts, including
 2044  guaranteed energy performance savings contracts. Supporting
 2045  information must also include a narrative describing and
 2046  justifying the need, the baseline for current costs, estimated
 2047  cost savings, projected equipment purchases, estimated contract
 2048  costs, and return on investment calculations.
 2049         10. For projects that exceed $10 million in total cost, the
 2050  statutory reference of the existing policy or the proposed
 2051  substantive policy that establishes and defines the project’s
 2052  governance structure, planned scope, main business objectives
 2053  that must be achieved, and estimated completion timeframes. The
 2054  governance structure for information technology-related projects
 2055  must incorporate the applicable project management and oversight
 2056  standards established pursuant to s. 282.0051. Information
 2057  technology budget requests for the continuance of existing
 2058  hardware and software maintenance agreements, the renewal of
 2059  existing software licensing agreements, or the replacement of
 2060  desktop units with new technology that is similar to the
 2061  technology currently in use are exempt from this requirement.
 2062         (b) It is the intent of the Legislature that total
 2063  accountability measures, including unit-cost data, serve not
 2064  only as a budgeting tool but also as a policymaking tool and an
 2065  accountability tool. Therefore, the judicial branch must submit
 2066  a summary of information for the preceding year in accordance
 2067  with the legislative budget instructions. Each summary must
 2068  provide a one-page overview and must contain:
 2069         1. The final budget for the judicial branch.
 2070         2. Total funds from the General Appropriations Act.
 2071         3. Adjustments to the General Appropriations Act.
 2072         4. The line-item listings of all activities.
 2073         5. The number of activity units performed or accomplished.
 2074         6. Total expenditures for each activity, including amounts
 2075  paid to contractors and subordinate entities. Expenditures
 2076  related to administrative activities not aligned with output
 2077  measures must consistently be allocated to activities with
 2078  output measures before computing unit costs.
 2079         7. The cost per unit for each activity, including the costs
 2080  allocated to contractors and subordinate entities.
 2081         8. The total amount of reversions and pass-through
 2082  expenditures omitted from unit-cost calculations.
 2083  
 2084  At the regular session immediately following the submission of
 2085  the judicial branch entity unit cost summary, the Legislature
 2086  shall reduce in the General Appropriations Act for the ensuing
 2087  fiscal year, by an amount equal to at least 10 percent of the
 2088  allocation for the fiscal year preceding the current fiscal
 2089  year, the funding of each judicial branch entity that fails to
 2090  submit the report required under this paragraph.
 2091         (4) As a part of the legislative budget request, the Chief
 2092  Justice of the Supreme Court shall include an inventory of all
 2093  litigation in which a judicial branch entity is involved which
 2094  may require additional appropriations to the judicial branch
 2095  entity, which may significantly affect revenues received or
 2096  anticipated to be received by the state, or which may require
 2097  amendments to the law under which the judicial branch entity
 2098  operates. No later than March 1 following the submission of the
 2099  legislative budget request, the Chief Justice shall provide an
 2100  update of any additions or changes to the inventory. Such
 2101  inventory shall include information specified annually in the
 2102  legislative budget instructions and, within the discretion of
 2103  the Chief Justice, may contain only information found in the
 2104  pleadings.
 2105         (5) As part of the legislative budget request, each
 2106  judicial branch entity must include the following information
 2107  for each contract in which the consideration to be paid to the
 2108  judicial branch entity is a percentage of the vendor revenue and
 2109  is in excess of $10 million under the contract period:
 2110         (a) The name of the vendor.
 2111         (b) A brief description of the services provided by the
 2112  vendor.
 2113         (c) The term of the contract and the years remaining on the
 2114  contract.
 2115         (d) The amount of revenue generated or expected to be
 2116  generated by the vendor under the contract for the prior fiscal
 2117  year, the current fiscal year, and the next fiscal year.
 2118         (e) The amount of revenue remitted or expected to be
 2119  remitted to the judicial branch entity by the vendor for the
 2120  prior fiscal year, the current fiscal year, and the next fiscal
 2121  year.
 2122         (f) The value of capital improvements, if any, on state
 2123  property which have been funded by the vendor over the term of
 2124  the contract.
 2125         (g) The remaining amount of capital improvements, if any,
 2126  on state property which have not been fully amortized by June 30
 2127  of the prior fiscal year.
 2128         (h) The amount, if any, of state appropriations made to the
 2129  judicial branch entity to pay for services provided by the
 2130  vendor.
 2131         (6) The Executive Office of the Governor shall review the
 2132  legislative budget request for technical compliance with the
 2133  budget format provided for in the budget instructions. The
 2134  Executive Office of the Governor shall notify the judicial
 2135  branch of any adjustment required. The judicial branch shall
 2136  make the appropriate corrections as requested. If the
 2137  appropriate technical corrections are not made as requested, the
 2138  Executive Office of the Governor must adjust the budget request
 2139  to incorporate the appropriate technical corrections in the
 2140  format of the request.
 2141         (7) At any time after the Governor submits his or her
 2142  recommended budget to the Legislature, the judicial branch may
 2143  amend its request by transmitting to the Governor and the
 2144  Legislature an amended request in the form and manner prescribed
 2145  in the legislative budget instructions.
 2146         (8) The legislative budget request from the judicial branch
 2147  shall be reviewed by the Legislature. The review may allow for
 2148  the opportunity to have information or testimony by the judicial
 2149  branch, the Auditor General, the Office of Program Policy
 2150  Analysis and Government Accountability, the Governor’s Office of
 2151  Planning and Budgeting, and the public regarding the proper
 2152  level of funding for the judicial branch in order to carry out
 2153  its mission.
 2154         (9) In order to ensure an integrated state planning and
 2155  budgeting process, the judicial branch long-range plan should be
 2156  reviewed by the Legislature. The legislative budget request
 2157  instructions must provide for consistency between the judicial
 2158  branch long-range plan and the judicial branch legislative
 2159  budget request.
 2160         Section 37. Section 221.09, Florida Statutes, is created to
 2161  read:
 2162         221.09 Target budget request.—Either chair of a legislative
 2163  appropriations committee may require the Chief Justice of the
 2164  Supreme Court to address major issues separate from those
 2165  outlined in s. 221.08, this section, and s. 221.10 for inclusion
 2166  in the requests of the judicial branch. The issues shall be
 2167  submitted to the judicial branch no later than July 30 of each
 2168  year and shall be displayed in its requests as provided in the
 2169  budget instructions. The chair of an appropriations committee of
 2170  the Senate or the House of Representatives may request the
 2171  judicial branch to submit a budget plan with respect to targets
 2172  established by either chair. Each entity shall use the target
 2173  budget to establish an order of priorities for its budget
 2174  issues. The target budget may include requests for multiple
 2175  options for the budget issues. The target budget format must be
 2176  compatible with the planning and budgeting system requirements
 2177  set out in s. 216.141. Such a request may not influence the
 2178  judicial branch’s independent judgment in making legislative
 2179  budget requests, as required by law.
 2180         Section 38. Section 221.10, Florida Statutes, is created to
 2181  read:
 2182         221.10 Budgets for fixed capital outlay.—
 2183         (1) The Chief Justice of the Supreme Court shall submit a
 2184  legislative budget request reflecting his or her independent
 2185  judgment with respect to the needs of the judicial branch for
 2186  fixed capital outlays during the next fiscal year. The
 2187  legislative budget request shall contain:
 2188         (a) An itemized estimate form showing the amounts needed
 2189  for fixed capital outlay expenditures, including a detailed
 2190  statement of program needs, estimated construction costs and
 2191  square footage, site costs, operating capital necessary to
 2192  furnish and equip for operating a new or improved facility, and
 2193  the anticipated sources of funding during the next fiscal year.
 2194         (b) Proposed fixed capital outlay projects, including
 2195  proposed operational standards related to programs and use, an
 2196  analysis of continuing operating costs, and such other data as
 2197  the Chief Justice deems necessary for the judicial branch to
 2198  analyze the relationship of judicial branch entity needs and
 2199  program requirements to construction requirements. The plan
 2200  shall also include the availability and suitability of privately
 2201  constructed and owned buildings and facilities to meet the needs
 2202  and program requirements of the judicial branch.
 2203         (c) For any budget request for fixed capital outlay or
 2204  operating capital outlay which is to be funded by a proposed
 2205  state debt or obligation as defined in s. 221.12, the
 2206  information set forth in s. 221.12(2).
 2207         (2) The legislative budget requests for fixed capital
 2208  outlay shall be submitted as a product of an ongoing planning
 2209  process that:
 2210         (a) Relates to program plans in an anticipatory manner so
 2211  as to identify facility requirements sufficiently early to
 2212  provide lead time for planning and construction without
 2213  deterring the operation of the applicable program.
 2214         (b) Applies that lead time to the budget process.
 2215         (3) Each legislative budget request for fixed capital
 2216  outlay submitted shall contain:
 2217         (a) A schedule of projects planned to meet the 4-year
 2218  requirements of the judicial branch and a schedule of
 2219  anticipated funding for the initial fiscal year of the 4-year
 2220  period.
 2221         (b) A full explanation of the basis for each project,
 2222  including a description of the program that requires the
 2223  facility; an explanation of the inability of existing facilities
 2224  to meet such requirements; historical background; alternatives;
 2225  and anticipated changes in operating costs, both initial and
 2226  continuing.
 2227         (c) An application of standards and criteria to establish
 2228  the scope of each project.
 2229         (d) An application of cost factors to all elements of each
 2230  project to establish an estimate of funding requirements.
 2231         (e) A request for legislative appropriation to provide such
 2232  funding in the appropriate fiscal year, including the need for
 2233  advance funding of programming and design activities.
 2234         (f) A priority list of fixed capital outlay projects for
 2235  which the construction of the project may be deferred for
 2236  countercyclical purposes for a period not to exceed 12 months.
 2237         (g) The unamortized cost of tenant improvements under any
 2238  lease executed after September 30, 2000, which is terminated
 2239  before the expiration of its term for the purpose of relocating
 2240  to a state-owned building.
 2241         Section 39. Section 221.11, Florida Statutes, is created to
 2242  read:
 2243         221.11 Budget evaluation by Department of Management
 2244  Services.—
 2245         (1) A judicial branch entity requesting a fixed capital
 2246  outlay project to be managed by the Department of Management
 2247  Services shall consult with that department during the budget
 2248  development process. The Department of Management Services shall
 2249  provide recommendations regarding construction requirements,
 2250  cost of the project, and project alternatives to be incorporated
 2251  in the entity’s proposed fixed capital outlay budget request and
 2252  narrative justification.
 2253         (2) Concurrently with the submission of the fixed capital
 2254  outlay legislative budget request to the Chief Justice of the
 2255  Supreme Court, the judicial branch shall submit a copy of the
 2256  legislative budget request to the Department of Management
 2257  Services for evaluation.
 2258         (3) The Department of Management Services shall advise the
 2259  Chief Justice and the Legislature regarding alternatives to the
 2260  proposed fixed capital outlay project and make recommendations
 2261  relating to the construction requirements and cost of the
 2262  project. These recommendations shall be provided to the
 2263  Executive Office of the Governor and the Legislature at a time
 2264  specified by the Governor, but not less than 90 days before the
 2265  regular session of the Legislature. When evaluating
 2266  alternatives, the Department of Management Services shall
 2267  include information as to whether it would be more cost
 2268  efficient to lease private property or facilities, to construct
 2269  facilities on property presently owned by the state, or to
 2270  acquire property on which to construct the facilities. In
 2271  determining the cost to the state of constructing facilities on
 2272  property presently owned by the state or the cost of acquiring
 2273  property on which to construct facilities, the Department of
 2274  Management Services shall include the costs that would be
 2275  incurred by a private person in acquiring the property and
 2276  constructing the facilities, including, but not limited to,
 2277  taxes and return on investment.
 2278         Section 40. Section 221.12, Florida Statutes, is created to
 2279  read:
 2280         221.12 Truth in bonding; definitions; summary of state
 2281  debt; statement of proposed financing; truth-in-bonding
 2282  statement.—
 2283         (1) As used in this section, the following words and terms
 2284  have the following meanings, unless the context otherwise
 2285  requires:
 2286         (a) “Costs of issuance” means all of those costs and
 2287  expenses directly incurred by or on behalf of the judicial
 2288  branch in the process of issuing or incurring a debt or
 2289  obligation. Such costs of issuance include, but are not limited
 2290  to, the costs of rating the debt or obligation, the costs of
 2291  retaining such professional services as bond counsel or
 2292  financial advisers, the amount of underwriter’s discount,
 2293  printing costs, and the costs of the entity responsible for
 2294  issuing or incurring the debt or obligation.
 2295         (b) “Debt” means a bond, certificate, note, or other
 2296  evidence of indebtedness, including, but not limited to, an
 2297  agreement to pay principal and any interest thereon, whether in
 2298  the form of a contract to repay borrowed money or otherwise, and
 2299  includes a share or other interest in any such agreement.
 2300         (c) “Debt service” means the amounts due on any state debt
 2301  or obligation for interest, any maturing principal, any required
 2302  contributions to an amortization or sinking fund for a term debt
 2303  or obligation, and any other continuing payments necessary or
 2304  incidental to the repayment of a state debt or obligation.
 2305         (d) “Interest” means the compensation for the use or
 2306  detention of money or its equivalent.
 2307         (e) “Interest rate” means the annual percentage of the
 2308  outstanding state debt or obligation payable as interest.
 2309         (f) “Obligation” means an agreement to pay principal and
 2310  interest thereon, other than a debt, whether in the form of a
 2311  lease, lease-purchase, installment purchase, or otherwise, and
 2312  includes a share, participation, or other interest in any such
 2313  agreement. However, the term “obligation” does not include an
 2314  agreement having a term of less than 5 years, unless the
 2315  principal is more than $5 million and the term is more than 2
 2316  years.
 2317         (g) “Outstanding state debt” means any state debt or
 2318  obligation of which the principal has not been paid or for which
 2319  an amount sufficient to provide for the payment of such state
 2320  debt or obligation and the interest on such state debt or
 2321  obligation to the maturity or early redemption of such state
 2322  debt or obligation has not been set aside for the benefit of the
 2323  holders of such state debt or obligation.
 2324         (h) “Principal” means the face value of the debt or
 2325  obligation.
 2326         (i) “Proposed state debt or obligation” means any state
 2327  debt or obligation proposed to be issued or incurred.
 2328         (j) “State debt or obligation” means a debt or obligation
 2329  incurred or issued by or on behalf of the state or the judicial
 2330  branch.
 2331         (2) When required by statute to support the proposed debt
 2332  financing of fixed capital outlay projects or operating capital
 2333  outlay requests or to explain the issuance of a debt or
 2334  obligation, one or more of the following documents shall be
 2335  developed:
 2336         (a) A summary of outstanding state debt as furnished by the
 2337  Chief Financial Officer pursuant to s. 221.14.
 2338         (b) A statement of proposed financing, which shall include
 2339  the following items:
 2340         1. A listing of the purpose of the debt or obligation.
 2341         2. The source of repayment of the debt or obligation.
 2342         3. The principal amount of the debt or obligation.
 2343         4. The interest rate on the debt or obligation, which shall
 2344  be as forecasted by the Economic Estimating Conference, as
 2345  provided in s. 216.136, for the period during which the debt or
 2346  obligation is to be sold.
 2347         5. A schedule of annual debt service payments for each
 2348  proposed state debt or obligation.
 2349         6. The method of sale of the debt or obligation.
 2350         7. The costs of issuance of the debt or obligation,
 2351  including a detailed listing of the amounts of the major costs
 2352  of issuance.
 2353         (c) A truth-in-bonding statement, developed from the
 2354  information compiled pursuant to this section, in substantially
 2355  the following form:
 2356  
 2357         The State of Florida is proposing to issue $ (insert
 2358  principal) of debt or obligation for the purpose of (insert
 2359  purpose). This debt or obligation is expected to be repaid over
 2360  a period of (insert term of issue from subparagraph (b)5.)
 2361  years. At a forecasted interest rate of (insert rate of interest
 2362  from subparagraph (b)4.), total interest paid over the life of
 2363  the debt or obligation will be $ (insert sum of interest
 2364  payments).
 2365  
 2366         (3) The failure of the judicial branch to comply with this
 2367  section does not affect the validity of any state debt or
 2368  obligation.
 2369         (4) The documents prepared pursuant to this section are for
 2370  illustrative purposes only and do not affect or control the
 2371  actual terms and conditions of the debt or obligation.
 2372         Section 41. Section 221.13, Florida Statutes, is created to
 2373  read:
 2374         221.13 Data on judicial branch expenses.—
 2375         (1) In sufficient time to be included in the Governor’s
 2376  recommended budget, estimates of the financial needs of the
 2377  judicial branch during the ensuing fiscal year shall be
 2378  furnished to the Governor pursuant to chapter 11.
 2379         (2) All of the data relative to the judicial branch shall
 2380  be for information and guidance in estimating the total
 2381  financial needs of the state for the ensuing fiscal year; none
 2382  of these estimates shall be subject to revision or review by the
 2383  Governor, and they must be included in the Governor’s
 2384  recommended budget.
 2385         Section 42. Section 221.14, Florida Statutes, is created to
 2386  read:
 2387         221.14 Filing of financial information; penalty for
 2388  noncompliance.—
 2389         (1) By September 30 of each year, the judicial branch shall
 2390  prepare, using generally accepted accounting principles, and
 2391  file with the Chief Financial Officer the financial and other
 2392  information necessary for the preparation of annual financial
 2393  statements for the State of Florida as of June 30. In addition,
 2394  the judicial branch shall prepare financial statements showing
 2395  the financial position and results of branch operations as of
 2396  June 30 for internal management purposes.
 2397         (a) The judicial branch shall record the receipt and
 2398  disbursement of funds from federal sources in a form and format
 2399  prescribed by the Chief Financial Officer. The access to federal
 2400  funds by the judicial branch may not be authorized until:
 2401         1. The deposit has been recorded in the Florida Accounting
 2402  Information Resource Subsystem using proper, consistent codes
 2403  that designate deposits as federal funds.
 2404         2. The deposit and appropriate recording required by this
 2405  paragraph have been verified by the office of the Chief
 2406  Financial Officer.
 2407         (b) The Chief Financial Officer shall publish a statewide
 2408  policy detailing the requirements for recording receipt and
 2409  disbursement of federal funds into the Florida Accounting
 2410  Information Resource Subsystem and provide technical assistance
 2411  to the judicial branch to implement the policy.
 2412         (2) Financial information must be contained within the
 2413  Florida Accounting Information Resource Subsystem. Other
 2414  information must be submitted in the form and format prescribed
 2415  by the Chief Financial Officer.
 2416         (a) Each component unit shall file financial information
 2417  and other information necessary for the preparation of annual
 2418  financial statements with the branch designated by the Chief
 2419  Financial Officer by the date specified by the Chief Financial
 2420  Officer.
 2421         (b) The branch designated by the Chief Financial Officer to
 2422  receive financial information and other information from
 2423  component units shall include the financial information in the
 2424  Florida Accounting Information Resource Subsystem and shall
 2425  include the component units’ other information in its submission
 2426  to the Chief Financial Officer.
 2427         (3) The Chief Financial Officer shall:
 2428         (a) Prepare and furnish to the Auditor General annual
 2429  financial statements for the state on or before December 31 of
 2430  each year, using generally accepted accounting principles.
 2431         (b) Prepare and publish a comprehensive annual financial
 2432  report for the state in accordance with generally accepted
 2433  accounting principles on or before February 28 of each year.
 2434         (c) Furnish the Governor, the President of the Senate, and
 2435  the Speaker of the House of Representatives with a copy of the
 2436  comprehensive annual financial report prepared pursuant to
 2437  paragraph (b).
 2438         (d) Notify the judicial branch of the data that is required
 2439  to be recorded to enhance accountability for tracking federal
 2440  financial assistance.
 2441         (e) Provide reports, as requested, to judicial branch
 2442  entities, the President of the Senate, the Speaker of the House
 2443  of Representatives, and the members of the Florida Congressional
 2444  Delegation detailing the federal financial assistance received
 2445  and disbursed by the judicial branch.
 2446         (f) Consult with and elicit comments from the Executive
 2447  Office of the Governor on changes to the Florida Accounting
 2448  Information Resource Subsystem which clearly affect the
 2449  accounting of federal funds, so as to ensure consistency of
 2450  information entered into the Federal Aid Tracking System by
 2451  judicial branch entities. While efforts shall be made to ensure
 2452  the compatibility of the Florida Accounting Information Resource
 2453  Subsystem and the Federal Aid Tracking System, any successive
 2454  systems serving identical or similar functions shall preserve
 2455  such compatibility.
 2456  
 2457  The Chief Financial Officer may furnish and publish in
 2458  electronic form the financial statements and the comprehensive
 2459  annual financial report required under paragraphs (a), (b), and
 2460  (c).
 2461         (4) If the judicial branch fails to comply with subsection
 2462  (1) or subsection (2), the Chief Financial Officer may refuse to
 2463  honor salary claims for branch fiscal and executive staff until
 2464  the branch corrects its deficiency.
 2465         (5) The Chief Financial Officer may withhold any funds
 2466  payable to a component unit that does not comply with subsection
 2467  (1) or subsection (2) until the component unit corrects its
 2468  deficiency.
 2469         (6) The Chief Financial Officer may adopt rules to
 2470  administer this section.
 2471         Section 43. Section 221.15, Florida Statutes, is created to
 2472  read:
 2473         221.15 Public hearings on legislative budgets.—The Chief
 2474  Justice of the Supreme Court shall provide for at least one
 2475  public hearing before submission of budget recommendations to
 2476  the Legislature on issues contained in the judicial branch
 2477  budget request and issues that may be included in budget
 2478  recommendations to the Legislature. The public hearings shall be
 2479  held at such time as the Chief Justice may fix. The Chief
 2480  Justice may provide these hearings simultaneously via electronic
 2481  format, such as teleconference, Internet, etc., provided that a
 2482  means for active participation and questions by the audience is
 2483  accommodated.
 2484         Section 44. Section 221.16, Florida Statutes, is created to
 2485  read:
 2486         221.16 Use of official information by the judicial branch.
 2487  The judicial branch shall use the official information developed
 2488  by the consensus estimating conferences in carrying out its
 2489  duties under the state planning and budgeting system.
 2490         Section 45. Section 221.17, Florida Statutes, is created to
 2491  read:
 2492         221.17 Reinstatement of vetoed appropriations by
 2493  administrative means prohibited.—After the Governor has vetoed a
 2494  specific appropriation for the judicial branch, neither the
 2495  Governor nor the Chief Justice of the Supreme Court in their
 2496  various statutory and constitutional roles may authorize
 2497  expenditures for or implementation, in any manner, of the
 2498  programs that were authorized before the appropriation was
 2499  vetoed.
 2500         Section 46. Section 221.18, Florida Statutes, is created to
 2501  read:
 2502         221.18 Approved budgets for operations and fixed capital
 2503  outlay.—
 2504         (1) The General Appropriations Act and any other acts
 2505  containing appropriations shall be considered the original
 2506  approved operating budgets for operational and fixed capital
 2507  expenditures. Amendments from the judicial branch may be
 2508  requested only through the Chief Justice of the Supreme Court
 2509  and must be approved by the Chief Justice and the Legislative
 2510  Budget Commission as provided in this chapter. This includes
 2511  amendments that are necessary to implement s. 221.24 or s.
 2512  221.26.
 2513         (2) Amendments to the original approved operating budgets
 2514  for operational and fixed capital outlay expenditures must
 2515  comply with the following guidelines in order to be approved by
 2516  the Chief Justice and the Legislative Budget Commission for the
 2517  judicial branch:
 2518         (a) The amendment must be consistent with legislative
 2519  policy and intent.
 2520         (b) The amendment may not initiate or commence a new
 2521  program or a fixed capital outlay project, except as authorized
 2522  by this chapter, or eliminate an existing program.
 2523         (c) Except as authorized in s. 221.33 or other provisions
 2524  of this chapter, the amendment may not provide funding or
 2525  increased funding for items that were funded by the Legislature
 2526  in an amount less than that requested by the judicial branch
 2527  entity in the legislative budget request or recommended by the
 2528  Governor, or that were vetoed by the Governor.
 2529         (d) For amendments that involve trust funds, there must be
 2530  adequate and appropriate revenues available in the trust fund
 2531  and the amendment must be consistent with the laws authorizing
 2532  such trust funds and the laws relating to the use of the trust
 2533  funds. However, a trust fund may not be increased in excess of
 2534  the original approved budget, except as provided in subsection
 2535  (11).
 2536         (e) The amendment may not conflict with any provision of
 2537  law.
 2538         (f) The amendment must not provide funding for any issue
 2539  that was requested by the judicial branch in its legislative
 2540  budget request and not funded in the General Appropriations Act.
 2541         (g) The amendment must include a written description of the
 2542  purpose of the proposed change, an indication of why interim
 2543  budget action is necessary, and the intended recipient of any
 2544  funds for contracted services.
 2545         (h) The amendment may not provide general salary increases
 2546  that the Legislature has not authorized in the General
 2547  Appropriations Act or other laws.
 2548         (3) All amendments to original approved operating budgets,
 2549  regardless of funding source, are subject to the notice and
 2550  objection procedures set forth in s. 216.177.
 2551         (4) To the extent possible, individual members of the
 2552  Senate and the House of Representatives should be advised of
 2553  budget amendments requested by the judicial branch.
 2554         (5) An amendment to the original operating budget for an
 2555  information technology project or initiative that involves more
 2556  than one judicial branch entity, has an outcome that impacts
 2557  another judicial branch entity, or exceeds $500,000 in total
 2558  cost over a 1-year period, except for those projects that are a
 2559  continuation of hardware or software maintenance or software
 2560  licensing agreements, or that are for desktop replacement that
 2561  is similar to the technology currently in use, must be approved
 2562  by the Chief Justice for the judicial branch and shall be
 2563  subject to approval by the Legislative Budget Commission as well
 2564  as the notice and objection procedures set forth in s. 216.177.
 2565         (6)(a) A detailed plan allocating a lump-sum appropriation
 2566  to traditional appropriations categories shall be submitted by
 2567  the affected judicial branch entity to the Chief Justice of the
 2568  Supreme Court. The Chief Justice shall submit such plan to the
 2569  chair and vice chair of the Legislative Budget Commission either
 2570  before or concurrent with the submission of any budget amendment
 2571  that recommends the transfer and release of the balance of a
 2572  lump-sum appropriation.
 2573         (b) The Chief Justice may amend, without approval of the
 2574  Legislative Budget Commission, judicial branch entity budgets to
 2575  reflect the transferred funds and to provide the associated
 2576  increased salary rate based on the approved plans for lump-sum
 2577  appropriations. Any action proposed pursuant to this paragraph
 2578  is subject to the procedures set forth in s. 216.177.
 2579  
 2580  The Chief Justice shall transmit to each judicial branch
 2581  component and the Chief Financial Officer any approved
 2582  amendments to the approved operating budgets.
 2583         (7) The Chief Justice of the Supreme Court may, for the
 2584  purpose of improved contract administration, authorize the
 2585  consolidation of two or more fixed capital outlay appropriations
 2586  for the judicial branch, if the original scope and purpose of
 2587  each project are not changed.
 2588         (8) As part of the approved operating budget, the Chief
 2589  Justice of the Supreme Court shall furnish to the judicial
 2590  branch entity an approved annual salary rate for each budget
 2591  entity containing a salary appropriation. This rate shall be
 2592  based upon the actual salary rate and shall be consistent with
 2593  the General Appropriations Act or special appropriations acts.
 2594  The annual salary rate shall be:
 2595         (a) Determined by the salary rate specified in the General
 2596  Appropriations Act and adjusted for reorganizations authorized
 2597  by law, for any other appropriations made by law, and, subject
 2598  to s. 216.177, for distributions of lump-sum appropriations and
 2599  administered funds and for actions that require authorization of
 2600  salary rate from salary rate reserve and placement of salary
 2601  rate in salary rate reserve.
 2602         (b) Controlled at the branch level for the judicial branch.
 2603         (c) Assigned to the number of authorized positions.
 2604         (9) The judicial branch may not exceed its maximum approved
 2605  annual salary rate for the fiscal year. However, at any time
 2606  during the fiscal year, a judicial branch entity may exceed its
 2607  approved rate for all budget entities by no more than 5 percent,
 2608  if, by June 30 of every fiscal year, the judicial branch entity
 2609  has reduced its salary rate so that the salary rate for each
 2610  entity of the judicial branch is within the approved rate limit
 2611  for that entity.
 2612         (10)(a) The Legislative Budget Commission may authorize
 2613  increases or decreases in the approved salary rate, except as
 2614  authorized in paragraph (8)(a), for positions pursuant to the
 2615  request of a judicial branch entity filed with the Chief Justice
 2616  of the Supreme Court, if deemed necessary and in the best
 2617  interest of the state and consistent with legislative policy and
 2618  intent.
 2619         (b) Lump-sum salary bonuses may be provided only if
 2620  specifically appropriated or provided pursuant to s. 110.1245 or
 2621  s. 221.19.
 2622         (11)(a) The Chief Justice of the Supreme Court may approve
 2623  changes in the amounts appropriated from state trust funds in
 2624  excess of those in the approved operating budget up to $1
 2625  million only pursuant to the federal funds provisions of s.
 2626  221.24, when grants and donations are received after April 1, or
 2627  when deemed necessary due to a set of conditions that were
 2628  unforeseen at the time the General Appropriations Act was
 2629  adopted and that are essential to correct in order to continue
 2630  the operation of government.
 2631         (b) Changes in the amounts appropriated from state trust
 2632  funds in excess of those in the approved operating budget which
 2633  are in excess of $1 million may be approved only by the
 2634  Legislative Budget Commission pursuant to the request of a
 2635  judicial branch entity filed with the Chief Justice.
 2636         (12) There is appropriated nonoperating budget for refunds,
 2637  payments to the United States Treasury, and payments of the
 2638  service charge to the General Revenue Fund. Such authorized
 2639  budget, together with related releases, shall be transmitted by
 2640  the judicial branch to the Chief Financial Officer for entry in
 2641  his or her records in the manner and format prescribed by the
 2642  Executive Office of the Governor in consultation with the Chief
 2643  Financial Officer. A copy of such authorized budgets shall be
 2644  furnished to the Chief Justice, the chairs of the legislative
 2645  committees responsible for developing the general appropriations
 2646  acts, and the Auditor General. Notwithstanding the duty
 2647  specified for each judicial branch entity in s. 17.61(3), the
 2648  Governor may withhold approval of nonoperating investment
 2649  authority for certain trust funds when deemed in the best
 2650  interest of the state. The Chief Justice may establish
 2651  nonoperating budgets for the judicial branch, with the approval
 2652  of the chairs of the Senate and the House of Representatives
 2653  appropriations committees, for transfers, purchase of
 2654  investments, special expenses, distributions, transfers of funds
 2655  specifically required by law, and any other nonoperating budget
 2656  categories they deem necessary and in the best interest of the
 2657  state and consistent with legislative intent and policy. For
 2658  purposes of this section, the term “nonoperating budgets” means
 2659  nonoperating disbursement authority for purchase of investments,
 2660  refunds, payments to the United States Treasury, transfers of
 2661  funds specifically required by law, distributions of assets held
 2662  by the state in a trustee capacity as an agent of fiduciary,
 2663  special expenses, and other nonoperating budget categories, as
 2664  determined necessary by the Executive Office of the Governor and
 2665  the chairs of the Senate and the House of Representatives
 2666  appropriations committees, not otherwise appropriated in the
 2667  General Appropriations Act. The establishment of nonoperating
 2668  budget authority shall be deemed approved by a chair of a
 2669  legislative committee if written notice of the objection is not
 2670  provided to the Chief Justice, as appropriate, within 14 days
 2671  after the chair receives notice of the action pursuant to s.
 2672  216.177.
 2673         (13) The judicial branch shall develop the internal
 2674  management procedures and budgets necessary to assure compliance
 2675  with the approved operating budget.
 2676         (14) The Chief Justice of the Supreme Court shall certify
 2677  the amounts approved for operations and fixed capital outlay,
 2678  together with any relevant supplementary materials or
 2679  information, to the Chief Financial Officer; and such
 2680  certification shall be the Chief Financial Officer’s guide with
 2681  reference to the expenditures of each judicial branch entity
 2682  pursuant to s. 221.22.
 2683         (15)(a) Funds provided in any specific appropriation in the
 2684  General Appropriations Act may be advanced if the General
 2685  Appropriations Act specifically provides.
 2686         (b) The judicial branch, if authorized by the General
 2687  Appropriations Act or expressly authorized by other law to make
 2688  advances for program startup or advances for contracted
 2689  services, in total or periodically, shall limit such
 2690  disbursements to other governmental entities and not-for-profit
 2691  corporations. The amount that may be advanced may not exceed the
 2692  expected cash needs of the contractor or recipient within the
 2693  initial 3 months. Thereafter, disbursements shall be made only
 2694  on a reimbursement basis. Any agreement that provides for
 2695  advancements may contain a clause that permits the contractor or
 2696  recipient to temporarily invest the proceeds; however, any
 2697  interest income shall either be returned to the judicial branch
 2698  entity or be applied against the judicial branch entity’s
 2699  obligation to pay the contract amount. This paragraph does not
 2700  constitute lawful authority to make any advance payment not
 2701  otherwise authorized by laws relating to a particular judicial
 2702  branch entity or general laws relating to the expenditure or
 2703  disbursement of public funds. The Chief Financial Officer may,
 2704  after consultation with the legislative appropriations
 2705  committees, advance funds beyond the 3-month requirement if it
 2706  is determined to be consistent with the intent of the approved
 2707  operating budget.
 2708         (16) Except as otherwise specifically provided in this
 2709  chapter, a change to the approved operating budget may not
 2710  initiate or commence a fixed capital outlay project.
 2711         Section 47. Section 221.19, Florida Statutes, is created to
 2712  read:
 2713         221.19 Judicial branch incentive and savings program.—
 2714         (1) In order to provide an incentive for the judicial
 2715  branch to re-engineer business processes and otherwise increase
 2716  operating efficiency, it is the intent of the Legislature to
 2717  allow the judicial branch to retain a portion of the savings
 2718  produced by internally generated judicial branch program
 2719  efficiencies and cost reductions.
 2720         (2) To be eligible to retain funds, the Chief Justice of
 2721  the Supreme Court must submit a plan and an associated request
 2722  to amend the judicial branch’s approved operating budget to the
 2723  Legislative Budget Commission specifying:
 2724         (a) The modifications to approved programs resulting in
 2725  efficiencies and cost savings;
 2726         (b) The amount and source of the funds and positions saved;
 2727         (c) The specific positions, rate, amounts, and sources of
 2728  funds the judicial branch wishes to include in its incentive
 2729  expenditures;
 2730         (d) How the judicial branch will meet the goals and
 2731  objectives established in its long-range program plan;
 2732         (e) How the judicial branch will meet performance
 2733  standards, including those in its long-range program plan; and
 2734         (f) Any other incentive expenditures that the judicial
 2735  branch believes will enhance its performance.
 2736         (3) Notwithstanding the 14-day notice requirement contained
 2737  in s. 216.177(2)(a), all plans and budget amendments submitted
 2738  to the Legislative Budget Commission pursuant to this section
 2739  shall be delivered at least 30 days before the date of the
 2740  commission meeting at which the request will be considered.
 2741         (4) In determining the amount the judicial branch will be
 2742  allowed to retain, the commission shall consider the actual
 2743  savings projected for the current budget year and the annualized
 2744  savings.
 2745         (5) The amount to be retained by the judicial branch shall
 2746  be no less than 5 percent and no more than 25 percent of the
 2747  annual savings and may be used by the judicial branch for salary
 2748  increases or other expenditures specified in the judicial
 2749  branch’s plan if the salary increases or other expenditures do
 2750  not create a recurring cost to the state in excess of the
 2751  recurring savings achieved by the judicial branch in the plan.
 2752         (6) The judicial branch allowed to retain funds pursuant to
 2753  this section shall submit in its next legislative budget request
 2754  a schedule showing how it used such funds.
 2755         Section 48. Section 221.20, Florida Statutes, is created to
 2756  read:
 2757         221.20 Activity-based planning and budgeting.—The Chief
 2758  Justice of the Supreme Court is directed to work with the
 2759  appropriations and appropriate substantive committees of the
 2760  Legislature to identify and reach consensus on the appropriate
 2761  services and activities for activity-based budgeting. It is the
 2762  intent of the Legislature that all dollars within the judicial
 2763  branch be allocated to the appropriate activity for budgeting
 2764  purposes. Additionally, the judicial branch shall examine
 2765  approved performance measures and recommend any changes so that
 2766  outcomes are clearly delineated for each service or program, as
 2767  appropriate, and outputs are aligned with activities. Output
 2768  measures should be capable of being used to generate a unit cost
 2769  for each activity resulting in a true accounting of what the
 2770  state should spend on each activity it provides and what the
 2771  state should expect to accomplish with those funds.
 2772         Section 49. Section 221.21, Florida Statutes, is created to
 2773  read:
 2774         221.21 Requirements for performance measures and
 2775  standards.—
 2776         (1) The judicial branch shall maintain a comprehensive
 2777  performance accountability system containing, at a minimum, a
 2778  list of performance measures and standards that are adopted by
 2779  the Legislature and subsequently amended pursuant to this
 2780  section.
 2781         (2)(a) The judicial branch shall submit output and outcome
 2782  measures and standards, as well as historical baseline and
 2783  performance data pursuant to s. 221.07.
 2784         (b) The judicial branch shall also submit performance data,
 2785  measures, and standards to the Office of Program Policy Analysis
 2786  and Government Accountability upon request for review of the
 2787  adequacy of the legislatively approved measures and standards.
 2788         (3) The Chief Justice of the Supreme Court may submit
 2789  deletions or amendments of the judicial branch’s existing
 2790  approved performance measures and standards or may submit
 2791  additional performance measures and standards to the Legislature
 2792  accompanied by justification for the change. The Chief Justice
 2793  must ensure that the revision, deletion, or addition is
 2794  consistent with legislative intent. Revisions or deletions of,
 2795  or additions to, performance measures and standards submitted by
 2796  the Chief Justice are subject to the review and objection
 2797  procedure set forth in s. 216.177.
 2798         (4)(a) The Legislature may create, amend, and delete
 2799  performance measures and standards. The Legislature may confer
 2800  with the Chief Justice of the Supreme Court before any such
 2801  action.
 2802         (b) The Legislature may require the judicial branch to
 2803  submit revisions, additions, or deletions to approved
 2804  performance measures and standards to the Legislature, subject
 2805  to the review and objection procedure set forth in s. 216.177.
 2806         (c) Any new judicial branch entity created by the
 2807  Legislature is subject to the initial performance measures and
 2808  standards established by the Legislature. The Legislature may
 2809  require the judicial branch to provide any information necessary
 2810  to create initial performance measures and standards.
 2811         Section 50. Section 221.22, Florida Statutes, is created to
 2812  read:
 2813         221.22 Release of appropriations; revision of budgets.—
 2814         (1) Unless otherwise provided by law, on July 1 of each
 2815  fiscal year, up to 25 percent of the original approved operating
 2816  budget of the judicial branch may be released until such time as
 2817  annual plans for quarterly releases for all appropriations have
 2818  been developed, approved, and furnished to the Chief Financial
 2819  Officer by the Chief Justice of the Supreme Court for the
 2820  judicial branch. The plans, including appropriate plans of
 2821  releases for fixed capital outlay projects which correspond with
 2822  each project schedule, must attempt to maximize the use of trust
 2823  funds and shall be transmitted to the Chief Financial Officer by
 2824  August 1 of each fiscal year. Such releases may not exceed the
 2825  total appropriations available to the judicial branch, or the
 2826  approved budget for the judicial branch if less. The Chief
 2827  Financial Officer shall enter such releases in his or her
 2828  records in accordance with the release plans prescribed by the
 2829  Chief Justice, unless otherwise amended as provided by law. The
 2830  Chief Justice shall transmit a copy of the approved annual
 2831  releases to the head of the judicial branch entity, the chair
 2832  and vice chair of the Legislative Budget Commission, and the
 2833  Auditor General. The Chief Financial Officer shall authorize all
 2834  expenditures to be made from the appropriations on the basis of
 2835  such releases and in accordance with the approved budget, and
 2836  not otherwise. Expenditures shall be authorized only in
 2837  accordance with legislative authorizations. Nothing herein
 2838  precludes periodic reexamination and revision by the Chief
 2839  Justice of the annual plans for release of appropriations and
 2840  the notifications of the parties of all such revisions.
 2841         (2) Any department under the direct supervision of a member
 2842  of the Cabinet or of a board consisting of the Governor and
 2843  members of the Cabinet which contends that the plan for releases
 2844  of funds appropriated to it is contrary to the approved
 2845  operating budget shall have the right to have the issue reviewed
 2846  by the Administration Commission, which shall decide such issue
 2847  by majority vote.
 2848         (3) The annual plans of releases authorized by this section
 2849  may be considered by the Revenue Estimating Conference in
 2850  preparation of the statement of financial outlook.
 2851         (4) In order to implement directives contained in the
 2852  General Appropriations Act or to prevent deficits pursuant to s.
 2853  221.26, the Chief Justice may place appropriations for the
 2854  judicial branch in budget reserve or mandatory reserve.
 2855         (5) All budget actions taken pursuant to this section are
 2856  subject to the notice and review procedures set forth in s.
 2857  216.177.
 2858         Section 51. Section 221.23, Florida Statutes, is created to
 2859  read:
 2860         221.23 Impoundment of funds; restricted.—The Chief Justice
 2861  of the Supreme Court or any judicial branch entity may not
 2862  impound any appropriation except as necessary to avoid or
 2863  eliminate a deficit pursuant to s. 221.26. As used in this
 2864  section, the term “impoundment” means the omission of any
 2865  appropriation or part of an appropriation in the approved
 2866  operating plan prepared pursuant to s. 221.18 or in the schedule
 2867  of releases prepared pursuant to s. 221.22 or the failure of the
 2868  judicial branch to spend an appropriation for the stated
 2869  purposes authorized in the approved operating budget. The
 2870  Governor or either house of the Legislature may seek judicial
 2871  review of any action or proposed action that violates this
 2872  section.
 2873         Section 52. Section 221.24, Florida Statutes, is created to
 2874  read:
 2875         221.24 Budgets for federal funds; restrictions on
 2876  expenditure of federal funds.—
 2877         (1)(a) The Executive Office of the Governor and the office
 2878  of the Chief Financial Officer shall develop and implement
 2879  procedures for accelerating the drawdown of, and minimizing the
 2880  payment of interest on, federal funds. The Executive Office of
 2881  the Governor shall establish a clearinghouse for federal
 2882  programs and activities. The clearinghouse shall develop the
 2883  capacity to respond to federal grant opportunities and to
 2884  coordinate the use of federal funds in the state.
 2885         (b) Every office or court of the judicial branch, when
 2886  making a request or preparing a budget to be submitted to the
 2887  Federal Government for funds, equipment, material, or services,
 2888  shall submit such request or budget to the Chief Justice of the
 2889  Supreme Court for approval before submitting it to the proper
 2890  federal authority. However, the Chief Justice may specifically
 2891  authorize any court to submit specific types of grant proposals
 2892  directly to the Federal Government.
 2893         (2) When such federal authority has approved the request or
 2894  budget, the judicial branch shall submit to the Executive Office
 2895  of the Governor such documentation showing approval as that
 2896  office prescribes. The Executive Office of the Governor must
 2897  acknowledge each approved request or budget by entering that
 2898  approval into an Automated Grant Management System developed in
 2899  consultation with the chairs of the Senate and the House of
 2900  Representatives appropriations committees.
 2901         (3) Federal money appropriated by Congress or received from
 2902  court settlements to be used for state purposes, whether by
 2903  itself or in conjunction with moneys appropriated by the
 2904  Legislature, may not be expended unless appropriated by the
 2905  Legislature. However, the Chief Justice of the Supreme Court
 2906  may, after consultation with the legislative appropriations
 2907  committees, approve the receipt and expenditure of funds from
 2908  federal sources by the judicial branch. Any federal programs
 2909  requiring state matching funds which funds were eliminated, or
 2910  were requested and were not approved, by the Legislature may not
 2911  be implemented during the interim.
 2912         Section 53. Section 221.25, Florida Statutes, is created to
 2913  read:
 2914         221.25 Court settlement funds negotiated by the state.—In
 2915  any court settlement in which a judicial branch entity or
 2916  officer or any other counsel representing the interests of the
 2917  state negotiates settlement amounts to be expended by the
 2918  judicial branch, such funds may not be expended unless the
 2919  Legislature has appropriated funds to the judicial branch entity
 2920  in the appropriate category or the Legislative Budget Commission
 2921  has approved a budget amendment for such funds. In either
 2922  instance, the funding source identified must be sufficient to
 2923  cover both the anticipated program costs and the settlement
 2924  amount, the settlement must not be contrary to the intent of the
 2925  Legislature, and, if the settlement amount is substantial, good
 2926  reason must exist for entering into the settlement before the
 2927  next legislative session and no significant amount of recurring
 2928  funding shall be committed. When a judicial branch entity or
 2929  officer settles an action in which the state will receive
 2930  moneys, the funds shall be placed in the General Revenue Fund or
 2931  in the trust fund that is associated with the judicial branch
 2932  entity or officer’s authority to pursue the legal action. This
 2933  section is subject to the notice and review procedures set forth
 2934  in s. 216.177.
 2935         Section 54. Section 221.26, Florida Statutes, is created to
 2936  read:
 2937         221.26 Appropriations as maximum appropriations; adjustment
 2938  of budgets to avoid or eliminate deficits.—
 2939         (1) All appropriations shall be maximum appropriations,
 2940  based upon the collection of sufficient revenues to meet and
 2941  provide for such appropriations. It is the duty of the Governor,
 2942  as chief budget officer, to ensure that revenues collected will
 2943  be sufficient to meet the appropriations and that no deficit
 2944  occurs in any state fund.
 2945         (2) The Legislature may annually provide direction in the
 2946  General Appropriations Act regarding use of any state funds to
 2947  offset General Revenue Fund deficits.
 2948         (3) For purposes of preventing a deficit in the General
 2949  Revenue Fund, all branches and agencies of government shall
 2950  participate in deficit reduction efforts. Absent specific
 2951  legislative direction, when budget reductions are required in
 2952  order to prevent a deficit under subsection (6), each branch
 2953  shall reduce its General Revenue Fund appropriations by a
 2954  proportional amount.
 2955         (4)(a) If, in the opinion of the Governor, after
 2956  consultation with the Revenue Estimating Conference, a deficit
 2957  will occur in the General Revenue Fund, he or she shall so
 2958  certify to the commission and to the Chief Justice of the
 2959  Supreme Court. No more than 30 days after certifying that a
 2960  deficit will occur in the General Revenue Fund, the Chief
 2961  Justice shall develop for the judicial branch and provide to the
 2962  commission and to the Legislature plans of action to eliminate
 2963  the deficit.
 2964         (b) If, in the opinion of the President of the Senate and
 2965  the Speaker of the House of Representatives, after consultation
 2966  with the Revenue Estimating Conference, a deficit will occur in
 2967  the General Revenue Fund and the Governor has not certified the
 2968  deficit, the President of the Senate and the Speaker of the
 2969  House of Representatives shall so certify. Within 30 days after
 2970  such certification, the Chief Justice shall develop for the
 2971  judicial branch and provide to the commission and to the
 2972  Legislature plans of action to eliminate the deficit.
 2973         (c) In developing a plan of action to prevent deficits in
 2974  accordance with subsection (6), the Chief Justice shall, to the
 2975  extent possible, preserve legislative policy and intent, and,
 2976  absent any specific direction to the contrary in the General
 2977  Appropriations Act, the Chief Justice shall comply with the
 2978  following guidelines for reductions in the approved operating
 2979  budgets of the judicial branch:
 2980         1. Education budgets should not be reduced more than
 2981  provided for in s. 215.16(2).
 2982         2. The use of nonrecurring funds to solve recurring
 2983  deficits should be minimized.
 2984         3. Newly created programs that are not fully implemented
 2985  and programs with critical audits, evaluations, and reviews
 2986  should receive first consideration for reductions.
 2987         4. No branches of government receiving appropriations
 2988  should be exempt from reductions.
 2989         5. When reductions in positions are required, the focus
 2990  initially should be on vacant positions.
 2991         6. Reductions that would cause substantial losses of
 2992  federal funds should be minimized.
 2993         7. Reductions to statewide programs should occur only after
 2994  review of programs that provide only local benefits.
 2995         8. Reductions in administrative and support functions
 2996  should be considered before reductions in direct-support
 2997  services.
 2998         9. Maximum reductions should be considered in budgets for
 2999  expenses including travel and in budgets for equipment
 3000  replacement, outside consultants, and contracts.
 3001         10. Reductions in salaries for elected state officials
 3002  should be considered.
 3003         11. Reductions that adversely affect the public health,
 3004  safety, and welfare should be minimized.
 3005         12. The Budget Stabilization Fund should not be reduced to
 3006  a level that would impair the financial stability of this state.
 3007         13. Reductions in programs that are traditionally funded by
 3008  the private sector and that may be assumed by private enterprise
 3009  should be considered.
 3010         14. Reductions in programs that are duplicated among state
 3011  agencies or branches of government should be considered.
 3012         (5) If the Revenue Estimating Conference projects a deficit
 3013  in the General Revenue Fund in excess of 1.5 percent of the
 3014  moneys appropriated from the General Revenue Fund during a
 3015  fiscal year or when the cumulative total of a series of
 3016  projected deficits in the General Revenue Fund exceeds 1.5
 3017  percent of the moneys appropriated from the General Revenue
 3018  Fund, the deficit shall be resolved by the Legislature.
 3019         (6) Deficits in the General Revenue Fund which do not meet
 3020  the amounts specified by subsection (5) shall be resolved by the
 3021  Chief Justice of the Supreme Court for the judicial branch. The
 3022  Chief Justice shall implement any directions provided in the
 3023  General Appropriations Act related to eliminating deficits and
 3024  to reducing judicial branch budgets, including the use of those
 3025  legislative appropriations voluntarily placed in reserve. In
 3026  addition, the Chief Justice shall implement any directions in
 3027  the General Appropriations Act relating to the resolution of
 3028  deficit situations. When reducing judicial branch budgets, the
 3029  Chief Justice shall use the guidelines prescribed in subsection
 3030  (4). The Chief Justice shall implement the deficit reduction
 3031  plans for the judicial branch through amendments to the approved
 3032  operating budgets in accordance with s. 221.18.
 3033         (7) The Chief Financial Officer shall also ensure that
 3034  revenues being collected will be sufficient to meet the
 3035  appropriations and that no deficit occurs in any fund of the
 3036  state.
 3037         (8) If, in the opinion of the Chief Financial Officer,
 3038  after consultation with the Revenue Estimating Conference, a
 3039  deficit will occur, he or she shall report his or her opinion to
 3040  the Governor, the President of the Senate, and the Speaker of
 3041  the House of Representatives in writing. If the Governor does
 3042  not certify a deficit, or the President of the Senate and the
 3043  Speaker of the House of Representatives do not certify a deficit
 3044  within 10 days after the Chief Financial Officer’s report, the
 3045  Chief Financial Officer shall report his or her findings and
 3046  opinion to the commission and the Chief Justice of the Supreme
 3047  Court.
 3048         (9) When advised by the Revenue Estimating Conference that
 3049  a deficit will occur with respect to the appropriations from a
 3050  specific trust fund in the current fiscal year, the Chief
 3051  Financial Officer, or the Chief Justice for the judicial branch,
 3052  shall develop a plan of action to eliminate the deficit. Before
 3053  implementing the plan of action, the Chief Justice must comply
 3054  with s. 216.177(2), and actions to resolve deficits in excess of
 3055  $1 million must be approved by the Legislative Budget
 3056  Commission. In developing the plan of action, the Chief Justice
 3057  shall, to the extent possible, preserve legislative policy and
 3058  intent.
 3059         (10) Once a deficit is determined to have occurred and
 3060  action is taken to reduce approved operating budgets and release
 3061  authority, no action may be taken to restore the reductions,
 3062  either directly or indirectly.
 3063         Section 55. Section 221.27, Florida Statutes, is created to
 3064  read:
 3065         221.27 Release of certain classified appropriations.—
 3066         (1)(a) Any appropriation to the Executive Office of the
 3067  Governor which is classified as an emergency, as defined in s.
 3068  252.34, may be released only with the approval of the Governor.
 3069  The judicial branch, desiring the use of the emergency
 3070  appropriation, shall submit to the Executive Office of the
 3071  Governor application in writing stating the facts from which the
 3072  alleged need arises. The Executive Office of the Governor shall
 3073  promptly review such application at a public hearing and approve
 3074  or disapprove the application as the circumstances may warrant.
 3075  All actions of the Executive Office of the Governor shall be
 3076  reported to the legislative appropriations committees, and the
 3077  committees may advise the Executive Office of the Governor
 3078  relative to the release of such funds.
 3079         (b) The release of appropriated funds classified as
 3080  “emergency” shall be approved only if an event or circumstance
 3081  caused by an act of God, civil disturbance, natural disaster, or
 3082  other circumstance of an emergency nature threatens, endangers,
 3083  or damages the property, safety, health, or welfare of the state
 3084  or its residents, and which condition has not been provided for
 3085  in appropriations acts of the Legislature. Funds allocated for
 3086  this purpose may be used to pay overtime pay to personnel of
 3087  agencies called upon to perform extra duty because of any civil
 3088  disturbance or other emergency as defined in s. 252.34 and to
 3089  provide the required state match for federal grants under the
 3090  federal Disaster Relief Act.
 3091         (2) The release of appropriated funds classified as
 3092  “deficiency” shall be approved only when a General Revenue Fund
 3093  appropriation for judicial branch operations is inadequate
 3094  because the workload or cost of an operation exceeds that
 3095  anticipated by the Legislature and the Governor has made a
 3096  determination that the deficiency will result in an impairment
 3097  of judicial branch activities to the extent that the judicial
 3098  branch entity is unable to carry out its program as provided by
 3099  the Legislature in the general appropriations acts. These funds
 3100  may not be used for creation of any new judicial branch entity
 3101  or program, for increases of salaries, or for the construction
 3102  or equipping of additional buildings.
 3103         (3) Notwithstanding any other provisions of law, moneys
 3104  appropriated in any appropriations act to the Governor for
 3105  discretionary contingencies may be expended at his or her
 3106  discretion to promote general governmental and intergovernmental
 3107  cooperation and to enhance the image of the state. All funds
 3108  expended for such purposes shall be accounted for, and a report
 3109  showing the amounts expended, the names of the persons receiving
 3110  the amounts expended, and the purpose of each expenditure shall
 3111  be annually submitted to the Auditor General and the legislative
 3112  appropriations committees.
 3113         Section 56. Section 221.28, Florida Statutes, is created to
 3114  read:
 3115         221.28 Initiation or commencement of new programs;
 3116  approval; expenditure of certain revenues.—
 3117         (1) The judicial branch may not initiate or commence any
 3118  new program, including any new federal program or initiative, or
 3119  make changes in its current programs, as provided for in the
 3120  appropriations act, which require additional financing unless
 3121  funds have been specifically appropriated by the Legislature or
 3122  unless the Legislative Budget Commission expressly approves such
 3123  new program or changes.
 3124         (2) Changes that are inconsistent with the approved budget
 3125  may not be made to existing programs unless such changes are
 3126  recommended to the Legislative Budget Commission by the Chief
 3127  Justice and the Legislative Budget Commission expressly approves
 3128  such program changes. This subsection is subject to the notice,
 3129  review, and objection procedures set forth in s. 216.177.
 3130         Section 57. Section 221.29, Florida Statutes, is created to
 3131  read:
 3132         221.29 Salary appropriations; limitations.—
 3133         (1) The annual rate of salary of any officer or employee
 3134  filling the position specifically named in an item in the
 3135  appropriations acts shall be as provided in one of the
 3136  following:
 3137         (a) Included in the amount appropriated for such position;
 3138         (b) Calculated as the amount appropriated in an item for
 3139  the named positions in that item divided by the indicated number
 3140  of such positions, the resulting quotient being the annual rate
 3141  of salary of each position; or
 3142         (c) Provided for in the amounts appropriated if such salary
 3143  may be otherwise fixed pursuant to law.
 3144         (2)(a) The salary for each position not specifically
 3145  indicated in the appropriations acts shall be as provided in one
 3146  of the following:
 3147         1. Within the classification and pay plans provided for in
 3148  chapter 110.
 3149         2. Within the approved classification and pay plan for the
 3150  judicial branch.
 3151         (b) Salary payments shall be made only to employees filling
 3152  established positions included in the judicial branch’s approved
 3153  budgets and amendments thereto as may be provided by law;
 3154  however:
 3155         1. Reclassification of established positions may be
 3156  accomplished when justified in accordance with the established
 3157  procedures for reclassifying positions; or
 3158         2. When the Division of Risk Management of the Department
 3159  of Financial Services has determined that an employee is
 3160  entitled to receive a temporary partial disability benefit or a
 3161  temporary total disability benefit pursuant to s. 440.15 and
 3162  there is medical certification that the employee cannot perform
 3163  the duties of the employee’s regular position, but the employee
 3164  can perform some type of work beneficial to the judicial branch
 3165  entity, the judicial branch entity may return the employee to
 3166  the payroll, at his or her regular rate of pay, to perform such
 3167  duties as the employee is capable of performing, even if there
 3168  is not an established position in which the employee can be
 3169  placed. This subparagraph does not abrogate an employee’s rights
 3170  under chapter 440 or chapter 447, nor does it adversely affect
 3171  the retirement credit of a member of the Florida Retirement
 3172  System in the membership class he or she was in at the time of,
 3173  and during, the member’s disability.
 3174         (3) A judicial branch entity may not provide general salary
 3175  increases or pay additives for a cohort of positions sharing the
 3176  same job classification or job occupations which the Legislature
 3177  has not authorized in the General Appropriations Act or other
 3178  laws.
 3179         Section 58. Section 221.30, Florida Statutes, is created to
 3180  read:
 3181         221.30Authorized positions.—
 3182         (1)(a) Unless otherwise expressly provided by law, the
 3183  total number of authorized positions may not exceed the total
 3184  provided in the appropriations acts. If any entity of the
 3185  judicial branch finds that the number of positions so provided
 3186  is not sufficient to administer its authorized programs, it may
 3187  file an application with the Chief Justice; and, if the Chief
 3188  Justice certifies that there are no authorized positions
 3189  available for addition, deletion, or transfer within the
 3190  judicial branch entity as provided in paragraph (c) and
 3191  recommends an increase in the number of positions, the Chief
 3192  Justice may recommend an increase in the number of positions for
 3193  the following reasons only:
 3194         1. To implement or provide for continuing federal grants or
 3195  changes in grants not previously anticipated.
 3196         2. To meet emergencies pursuant to s. 252.36.
 3197         3. To satisfy new federal regulations or changes.
 3198         4. To take advantage of opportunities to reduce operating
 3199  expenditures or to increase the revenues of the state or local
 3200  government.
 3201         5. To authorize positions that were not fixed by the
 3202  Legislature through error in drafting the appropriations acts.
 3203  
 3204  Actions recommended pursuant to this paragraph are subject to
 3205  approval by the Legislative Budget Commission. The certification
 3206  and the final authorization shall be provided to the Legislative
 3207  Budget Commission, the appropriations committees, and the
 3208  Auditor General.
 3209         (b) The Chief Justice may, after a public hearing, delete
 3210  supervisory or managerial positions within the judicial branch
 3211  and establish direct service delivery positions in excess of the
 3212  number of supervisory or managerial positions deleted. The
 3213  salary rate for all positions authorized under this paragraph
 3214  may not exceed the salary rate for all positions deleted under
 3215  this paragraph. Positions affected by changes made under this
 3216  paragraph may be funded only from identical funding sources.
 3217         (c)The Chief Justice of the Supreme Court may establish
 3218  procedures for the judicial branch to add and delete authorized
 3219  positions or transfer authorized positions from one budget
 3220  entity to another budget entity, and to add and delete
 3221  authorized positions within the same budget entity, when such
 3222  changes are consistent with legislative policy and intent and do
 3223  not conflict with spending policies specified in the General
 3224  Appropriations Act.
 3225         (d) An individual employed by the judicial branch may not
 3226  hold more than one employment during his or her normal working
 3227  hours with the state, such working hours to be determined by the
 3228  head of the judicial branch entity affected, unless approved by
 3229  the Chief Justice of the Supreme Court.
 3230         (e) An individual employed by the judicial branch may not
 3231  fill more than a total of one full-time equivalent established
 3232  position, receive compensation simultaneously from any
 3233  appropriation other than appropriations for salaries, or receive
 3234  compensation simultaneously from more than one judicial branch
 3235  entity unless approved by the Chief Justice during each fiscal
 3236  year.
 3237         (f) Perquisites may not be furnished by the judicial branch
 3238  unless approved by the Chief Justice during each fiscal year.
 3239  Whenever the judicial branch is to furnish perquisites, the
 3240  Chief Justice must approve the kind and monetary value of such
 3241  perquisites before they may be furnished. Perquisites may be
 3242  furnished only when in the best interest of the state due to the
 3243  exceptional or unique requirements of the position. The value of
 3244  a perquisite may not be used to compute an employee’s base rate
 3245  of pay or regular rate of pay unless required by the Fair Labor
 3246  Standards Act. Permissible perquisites include, but are not
 3247  limited to, moving expenses, clothing, use of vehicles and other
 3248  transportation, domestic services, groundskeeping services,
 3249  telephone services, medical services, housing, utilities, and
 3250  meals. As used in this section, the term “perquisites” means
 3251  those things, or the use thereof, or services that confer on the
 3252  officers or employees receiving them some benefit that is in the
 3253  nature of additional compensation, or that reduce to some extent
 3254  the normal personal expenses of the officer or employee
 3255  receiving them. The term includes, but is not limited to, such
 3256  things as quarters, subsistence, utilities, laundry services,
 3257  medical services, use of state-owned vehicles for other than
 3258  state purposes, and servants paid by the state.
 3259         (g) If goods and services are to be sold to officers and
 3260  employees of the judicial branch rather than being furnished as
 3261  perquisites, the kind and selling price thereof shall be
 3262  approved by the Chief Justice during each fiscal year before
 3263  such sales are made. The selling price may be deducted from any
 3264  amounts due by the state to any person receiving such things.
 3265  The amount of cash so deducted shall be faithfully accounted
 3266  for. This paragraph does not apply to sales to officers or
 3267  employees of items generally sold to the public and does not
 3268  apply to meals that may be provided without charge to volunteers
 3269  under a volunteer service program approved by the Department of
 3270  Management Services. The goods and services may include, but are
 3271  not limited to, medical services, long-term and short-term
 3272  rental housing, and laundry and transportation services.
 3273         (2) Paragraphs (1)(d) and (e) do not apply to an individual
 3274  filling a position the salary of which has been specifically
 3275  fixed or limited by law. Unless specifically authorized by law,
 3276  an individual filling or performing the duties of a position the
 3277  salary of which has been specifically fixed or limited by law
 3278  may not receive compensation from more than one appropriation,
 3279  or in excess of the amount so fixed or limited by law,
 3280  regardless of any additional duties performed by that individual
 3281  in any capacity or position. However, this subsection does not
 3282  prohibit additional compensation from an educational
 3283  appropriation to any person holding a position the salary of
 3284  which is specifically fixed or limited by law, if such
 3285  compensation does not exceed payment for more than one course of
 3286  instruction during any one academic term and such compensation
 3287  is approved as provided in paragraphs (1)(d) and (e). Any
 3288  compensation received by any person pursuant to this subsection
 3289  may not be computed as a part of average final compensation for
 3290  retirement purposes under chapter 121.
 3291         (3) A full-time position may not be filled by more than the
 3292  equivalent of one full-time officer or employee, except when
 3293  extenuating circumstances exist. Extenuating circumstances will
 3294  be provided for in rules to be adopted by the Chief Justice.
 3295         Section 59. Section 221.31, Florida Statutes, is created to
 3296  read:
 3297         221.31 Revolving funds.—
 3298         (1) A revolving fund may not be established or increased in
 3299  amount pursuant to s. 17.58(2) unless approved by the Chief
 3300  Financial Officer. The purpose and uses of a revolving fund may
 3301  not be changed without the prior approval of the Chief Financial
 3302  Officer. As used in this section, the term “revolving fund”
 3303  means a cash fund maintained within or outside the State
 3304  Treasury and established from an appropriation, to be used by
 3305  the judicial branch in making authorized expenditures.
 3306         (2) When the Chief Financial Officer approves a revolving
 3307  or petty cash fund for making refunds or other payments, the
 3308  fund shall be established from an account within the appropriate
 3309  fund to be known as “payments for revolving funds from funds not
 3310  otherwise appropriated.” Reimbursements made from revolving or
 3311  petty cash funds shall be made in strict accordance with s.
 3312  215.26(2). The Chief Financial Officer may restrict the types of
 3313  uses of any revolving fund established pursuant to this section.
 3314         (3) Vouchers for reimbursement of expenditures from
 3315  revolving funds established under this section shall be
 3316  presented in a routine manner to the Chief Financial Officer for
 3317  approval and payment, the proceeds of which shall be returned to
 3318  the revolving or petty cash fund involved.
 3319         (4) The revolving or petty cash fund authorized in this
 3320  section shall be properly maintained and accounted for by the
 3321  judicial branch requesting the fund and, upon the expiration of
 3322  the need for the fund, shall be returned in the amount
 3323  originally established to the appropriate fund for credit to the
 3324  payments for revolving funds account therein.
 3325         (5) Reimbursement to the revolving fund for uninsured
 3326  losses and theft may be made from the fund in which the
 3327  responsible operating department is budgeted. Such reimbursement
 3328  shall be submitted consistent with procedures specified by the
 3329  Chief Financial Officer.
 3330         Section 60. Section 221.32, Florida Statutes, is created to
 3331  read:
 3332         221.32 Clearing accounts.—A clearing account may not be
 3333  established outside the State Treasury pursuant to s. 17.58(2)
 3334  unless approved by the Chief Financial Officer during the fiscal
 3335  year. The judicial branch desiring to maintain a clearing
 3336  account outside of the State Treasury shall submit a written
 3337  request to do so to the Chief Financial Officer in accordance
 3338  with the format and manner prescribed by the Chief Financial
 3339  Officer. The Chief Financial Officer shall maintain a listing of
 3340  all clearing accounts approved during the fiscal year.
 3341         Section 61. Section 221.33, Florida Statutes, is created to
 3342  read:
 3343         221.33 Appropriations nontransferable; exceptions.—
 3344         (1)(a) Funds provided in the General Appropriations Act or
 3345  as otherwise expressly provided by law shall be expended only
 3346  for the purpose for which appropriated, except that such moneys
 3347  may be transferred as provided in this section when it is
 3348  determined to be in the best interest of the state.
 3349  Appropriations for fixed capital outlay may not be expended for
 3350  any other purpose. Appropriations may not be transferred between
 3351  state agencies, or between a state agency and the judicial
 3352  branch, unless specifically authorized by law.
 3353         (b)1. Authorized revisions of the original approved
 3354  operating budget, together with related changes in the plan for
 3355  release of appropriations, if any, shall be transmitted by the
 3356  judicial branch to the Chief Justice of the Supreme Court, the
 3357  chairs of the Senate and the House of Representatives
 3358  appropriations committees, the Office of Program Policy Analysis
 3359  and Government Accountability, and the Auditor General. Such
 3360  authorized revisions shall be consistent with the intent of the
 3361  approved operating budget, shall be consistent with legislative
 3362  policy and intent, and may not conflict with spending policies
 3363  specified in the General Appropriations Act.
 3364         2. Authorized revisions, together with related changes, if
 3365  any, in the plan for release of appropriations shall be
 3366  transmitted by the judicial branch to the Chief Financial
 3367  Officer for entry in the Chief Financial Officer’s records in
 3368  the manner and format prescribed by the Executive Office of the
 3369  Governor in consultation with the Chief Financial Officer.
 3370         3. The Chief Justice shall forward a copy of the revisions
 3371  within 7 working days to the Chief Financial Officer for entry
 3372  in his or her records in the manner and format prescribed by the
 3373  Executive Office of the Governor in consultation with the Chief
 3374  Financial Officer.
 3375         (2) The following transfers are authorized to be made by
 3376  the Chief Justice of the Supreme Court whenever it is deemed
 3377  necessary by reason of changed conditions:
 3378         (a) The transfer of appropriations funded from identical
 3379  funding sources, except appropriations for fixed capital outlay,
 3380  and the transfer of amounts included within the total original
 3381  approved budget and plans of releases of appropriations as
 3382  furnished pursuant to ss. 221.18 and 221.22, as follows:
 3383         1. Between categories of appropriations within a budget
 3384  entity, if no category of appropriation is increased or
 3385  decreased by more than 5 percent of the original approved budget
 3386  or $250,000, whichever is greater, by all action taken under
 3387  this subsection.
 3388         2. Between budget entities within identical categories of
 3389  appropriations, if no category of appropriation is increased or
 3390  decreased by more than 5 percent of the original approved budget
 3391  or $250,000, whichever is greater, by all action taken under
 3392  this subsection.
 3393         3. Any judicial branch entity exceeding salary rates
 3394  established pursuant to s. 221.18(8) on June 30 of any fiscal
 3395  year may not be authorized to make transfers pursuant to
 3396  subparagraphs 1. and 2. in the subsequent fiscal year.
 3397         4. Notice of proposed transfers under subparagraphs 1. and
 3398  2. shall be provided to the Executive Office of the Governor and
 3399  the chairs of the legislative appropriations committees at least
 3400  3 days before judicial branch entity implementation in order to
 3401  provide an opportunity for review.
 3402         (b) After providing notice at least 5 working days before
 3403  implementation:
 3404         1. The transfer of funds within programs identified in the
 3405  General Appropriations Act from identical funding sources
 3406  between the following appropriation categories without
 3407  limitation so long as such a transfer does not result in an
 3408  increase to the total recurring general revenue or trust fund
 3409  cost of the entity of the judicial branch in the subsequent
 3410  fiscal year: other personal services, expenses, operating
 3411  capital outlay, food products, state attorney and public
 3412  defender operations, data processing services, operating and
 3413  maintenance of patrol vehicles, overtime payments, salary
 3414  incentive payments, compensation to retired judges, law
 3415  libraries, and juror and witness payments.
 3416         2. The transfer of funds and positions from identical
 3417  funding sources between salaries and benefits appropriation
 3418  categories within programs identified in the General
 3419  Appropriations Act. Such transfers must be consistent with
 3420  legislative policy and intent and may not adversely affect
 3421  achievement of approved performance outcomes or outputs in any
 3422  program.
 3423         (c) The transfer of funds appropriated to accounts
 3424  established for disbursement purposes upon release of such
 3425  appropriation at the request of a judicial branch entity and
 3426  approval by the Chief Financial Officer. Such transfer may be
 3427  made only to the same appropriation category and the same
 3428  funding source from which the funds are transferred.
 3429         (3) The following transfers may be made with the approval
 3430  of the Chief Justice for the judicial branch, subject to the
 3431  notice and objection provisions of s. 216.177:
 3432         (a) The transfer of appropriations for operations from
 3433  trust funds in excess of those provided in subsection (2), up to
 3434  $1 million.
 3435         (b) The transfer of positions between budget entities.
 3436         (4) The following transfers may be made with the approval
 3437  of the Legislative Budget Commission:
 3438         (a) The transfer of appropriations for operations from the
 3439  General Revenue Fund in excess of those provided in this section
 3440  but within the judicial branch, as recommended by the Chief
 3441  Justice of the Supreme Court.
 3442         (b) The transfer of appropriations for operations from
 3443  trust funds in excess of those authorized in subsection (2) or
 3444  subsection (3), as recommended by the Chief Justice of the
 3445  Supreme Court.
 3446         (c) The transfer of the portion of an appropriation for a
 3447  named fixed capital outlay project found to be in excess of that
 3448  needed to complete the project to another project found to have
 3449  a deficiency and for which there has been an appropriation in
 3450  the same fiscal year from the same fund and within the same
 3451  judicial branch entity, at the request of the Chief Justice of
 3452  the Supreme Court for the judicial branch. The scope of a fixed
 3453  capital outlay project may not be changed by any transfer of
 3454  funds made pursuant to this subsection.
 3455         (d) The transfers necessary to accomplish the purposes of
 3456  reorganization within the judicial branch authorized by the
 3457  Legislature when the necessary adjustments of appropriations and
 3458  positions have not been provided in the General Appropriations
 3459  Act.
 3460  
 3461  Unless waived by the chair and vice chair of the commission,
 3462  notice of the transfers provided in this subsection must be
 3463  provided 14 days before the commission meeting.
 3464         (5) A transfer of funds may not result in the initiation of
 3465  a fixed capital outlay project that has not received a specific
 3466  legislative appropriation.
 3467         (6) The Chief Financial Officer shall transfer from any
 3468  available funds of the judicial branch the following amounts and
 3469  shall report all such transfers and the reasons for the
 3470  transfers to the legislative appropriations committees and the
 3471  Executive Office of the Governor:
 3472         (a) The amount due to the Unemployment Compensation Trust
 3473  Fund which is more than 90 days delinquent on reimbursements due
 3474  to the trust fund. The amount transferred shall be that
 3475  certified by the judicial branch entity providing reemployment
 3476  assistance tax collection services under contract with the
 3477  Department of Economic Opportunity through an interagency
 3478  agreement pursuant to s. 443.1316.
 3479         (b) The amount due to the Division of Risk Management which
 3480  is more than 90 days delinquent in payment to the division for
 3481  insurance coverage. The amount transferred shall be that
 3482  certified by the division.
 3483         (c) The amount due to the Communications Working Capital
 3484  Trust Fund from moneys appropriated in the General
 3485  Appropriations Act for the purpose of paying for services
 3486  provided by the state communications system in the Department of
 3487  Management Services which is unpaid 45 days after the billing
 3488  date. The amount transferred shall be that billed by the
 3489  department.
 3490         (7) Notwithstanding subsections (2), (3), and (4), and for
 3491  the 2015-2016 fiscal year only, the Agency for State Technology,
 3492  with the approval of the Executive Office of the Governor and
 3493  after 14 days prior notice, may transfer up to $2.5 million of
 3494  recurring funds from the Working Capital Trust Fund within the
 3495  Agency for State Technology between appropriations categories
 3496  for operations, as needed, to realign funds, based upon the
 3497  final report of the third-party assessment required by January
 3498  15, 2016, to begin migration of cloud-ready applications at the
 3499  State Data Center to a cloud solution that complies with all
 3500  applicable federal and state security and privacy requirements,
 3501  to the extent feasible within available resources, while
 3502  continuing to provide computing services for existing data
 3503  center applications, until those applications can be cloud
 3504  ready. Such transfers are subject to the notice and objection
 3505  provisions of s. 216.177. This subsection expires July 1, 2016.
 3506         Section 62. Section 221.34, Florida Statutes, is created to
 3507  read:
 3508         221.34 Appropriations; undisbursed balances.—
 3509         (1)(a) As of June 30 of each year, for appropriations for
 3510  operations only, the judicial branch shall identify in the
 3511  state’s financial system any incurred obligation that has not
 3512  been disbursed, showing in detail the commitment or to whom
 3513  obligated and the amounts of such commitments or obligations.
 3514  Any appropriation not identified as an incurred obligation
 3515  effective June 30 shall revert to the fund from which it was
 3516  appropriated and shall be available for reappropriation by the
 3517  Legislature.
 3518         (b) The undisbursed release balance of any authorized
 3519  appropriation, except an appropriation for fixed capital outlay,
 3520  for any given fiscal year remaining on June 30 of the fiscal
 3521  year shall be carried forward in an amount equal to the incurred
 3522  obligations identified in paragraph (a). Any such incurred
 3523  obligations remaining undisbursed on September 30 shall revert
 3524  to the fund from which appropriated and shall be available for
 3525  reappropriation by the Legislature. The Chief Financial Officer
 3526  shall monitor changes made to incurred obligations before the
 3527  September 30 reversion to ensure generally accepted accounting
 3528  principles and legislative intent are followed.
 3529         (c) If an appropriate identification of an incurred
 3530  obligation is not made and an incurred obligation is proven to
 3531  be legal, due, and unpaid, then the incurred obligation shall be
 3532  paid and charged to the appropriation for the current fiscal
 3533  year of the judicial branch entity affected.
 3534         (d) The judicial branch shall maintain the integrity of the
 3535  General Revenue Fund. Appropriations from the General Revenue
 3536  Fund contained in the original approved budget may be
 3537  transferred to the proper trust fund for disbursement. Any
 3538  reversion of appropriation balances from programs that receive
 3539  funding from the General Revenue Fund and trust funds shall be
 3540  transferred to the General Revenue Fund within 15 days after
 3541  such reversion, unless otherwise provided by federal or state
 3542  law, including the General Appropriations Act. The Chief Justice
 3543  of the Supreme Court shall determine the judicial branch
 3544  programs that are subject to this paragraph. This determination
 3545  shall be subject to the legislative consultation and objection
 3546  process in this chapter.
 3547         (2)(a) The balance of any appropriation for fixed capital
 3548  outlay which is not disbursed but expended, contracted, or
 3549  committed to be expended before February 1 of the second fiscal
 3550  year of the appropriation shall be certified by the head of the
 3551  affected judicial branch on February 1 to the Executive Office
 3552  of the Governor, showing in detail the commitment or to whom
 3553  obligated and the amount of the commitment or obligation. The
 3554  Chief Justice of the Supreme Court for the judicial branch shall
 3555  review and approve or disapprove, consistent with criteria
 3556  jointly developed by the Executive Office of the Governor and
 3557  the legislative appropriations committees, the continuation of
 3558  such unexpended balances. The Executive Office of the Governor
 3559  shall, no later than February 28 of each year, furnish to the
 3560  Chief Financial Officer, the legislative appropriations
 3561  committees, and the Auditor General a report listing in detail
 3562  the items and amounts reverting under the authority of this
 3563  subsection, including the fund to which reverted and the
 3564  judicial branch entity affected.
 3565         (b) The certification required in this subsection shall be
 3566  in the form and on the date approved by the Executive Office of
 3567  the Governor. Any balance that is not certified shall revert to
 3568  the fund from which it was appropriated and be available for
 3569  reappropriation.
 3570         (c) The balance of any appropriation for fixed capital
 3571  outlay certified forward under paragraph (a) which is not
 3572  disbursed but expended, contracted, or committed to be expended
 3573  before the end of the second fiscal year of the appropriation
 3574  and any subsequent fiscal year, shall be certified by the head
 3575  of the affected judicial branch entity on or before August 1 of
 3576  each year to the Executive Office of the Governor, showing in
 3577  detail the commitment or to whom obligated and the amount of
 3578  such commitment or obligation. On or before September 1 of each
 3579  year, the Executive Office of the Governor shall review and
 3580  approve or disapprove, consistent with legislative policy and
 3581  intent, any or all of the items and amounts certified by the
 3582  head of the affected judicial branch entity and shall approve
 3583  all items and amounts certified by the Chief Justice of the
 3584  Supreme Court and shall furnish to the Chief Financial Officer,
 3585  the legislative appropriations committees, and the Auditor
 3586  General a detailed listing of the items and amounts approved as
 3587  legal encumbrances against the undisbursed balances of such
 3588  appropriations. If such certification is not made and the
 3589  balance of the appropriation has reverted and the obligation is
 3590  proven to be legal, due, and unpaid, the obligation shall be
 3591  presented to the Legislature for its consideration.
 3592         Section 63. Section 221.35, Florida Statutes, is created to
 3593  read:
 3594         221.35Contract appropriation; requirements.—A judicial
 3595  branch public officer or employee may not enter into any
 3596  contract or agreement on behalf of the state or judicial branch
 3597  which binds the state or the judicial branch for the purchase of
 3598  services or tangible personal property in excess of $5 million
 3599  unless the contract identifies the specific appropriation of
 3600  state funds from which the state will make payment under the
 3601  contract in the first year of the contract, unless the
 3602  Legislature expressly authorizes the judicial branch to enter
 3603  into such contract absent a specific appropriation of funds.
 3604         Section 64. Section 221.36, Florida Statutes, is created to
 3605  read:
 3606         221.36 Construction of this chapter as to unauthorized
 3607  expenditures and disbursements.—Nothing contained in any
 3608  legislative budget or operating budget shall be construed to be
 3609  an administrative or legislative construction affirming the
 3610  existence of the lawful authority to make an expenditure or
 3611  disbursement for any purpose not otherwise authorized by laws of
 3612  the judicial branch and the general laws relating to the
 3613  expenditure or disbursement of public funds.
 3614         Section 65. Section 221.37, Florida Statutes, is created to
 3615  read:
 3616         221.37 Professional or other organization membership dues;
 3617  payment.—
 3618         (1) The judicial branch, upon approval by the head or the
 3619  designated agent thereof, may utilize state funds for the
 3620  purpose of paying dues for membership in a professional or other
 3621  organization only when such membership is essential to the
 3622  statutory duties and responsibilities of the judicial branch
 3623  entity.
 3624         (2) Upon certification by a professional or other
 3625  organization that it does not accept institutional memberships,
 3626  the branch may authorize the use of state funds for the payment
 3627  of individual membership dues when such membership is essential
 3628  to the statutory duties and responsibilities of the judicial
 3629  branch by which the individual is employed. However, approval
 3630  may not be granted to pay membership dues for maintenance of an
 3631  individual’s professional or trade status in any association or
 3632  organization, unless branch membership is necessary and purchase
 3633  of an individual membership is more economical.
 3634         (3) The judicial branch shall adopt specific criteria to be
 3635  used to determine justification for payment of such membership
 3636  dues.
 3637         (4) Payments for membership dues are exempt from part I of
 3638  chapter 287.
 3639         Section 66. Section 221.38, Florida Statutes, is created to
 3640  read:
 3641         221.38 Disbursement of grants and aids appropriations for
 3642  lobbying prohibited.—The judicial branch may not authorize or
 3643  make any disbursement of grants and aids appropriations pursuant
 3644  to a contract or grant to any person or organization unless the
 3645  terms of the grant or contract prohibit the expenditure of funds
 3646  for the purpose of lobbying the Legislature, the judicial
 3647  branch, or a judicial branch entity. This section is
 3648  supplemental to s. 11.062 and any other law prohibiting the use
 3649  of state funds for lobbying purposes. However, for the purposes
 3650  of this section and s. 11.062, the payment of funds for the
 3651  purpose of registering as a lobbyist may not be considered a
 3652  lobbying purpose.
 3653         Section 67. Subsection (2) of section 402.731, Florida
 3654  Statutes, is amended to read:
 3655         402.731 Department of Children and Families certification
 3656  programs for employees and service providers; employment
 3657  provisions for transition to community-based care.—
 3658         (2) The department shall develop and implement employment
 3659  programs to attract and retain competent staff to support and
 3660  facilitate the transition to privatized community-based care.
 3661  Such employment programs shall include lump-sum bonuses, salary
 3662  incentives, relocation allowances, or severance pay. The
 3663  department shall also contract for the delivery or
 3664  administration of outplacement services. The department shall
 3665  establish time-limited exempt positions as provided in s.
 3666  110.205(2)(i), in accordance with the authority provided in s.
 3667  216.262(1)(c) s. 216.262(1)(c)1. Employees appointed to fill
 3668  such exempt positions shall have the same salaries and benefits
 3669  as career service employees.
 3670         Section 68. Subsection (6) of section 624.307, Florida
 3671  Statutes, is amended to read:
 3672         624.307 General powers; duties.—
 3673         (6) The department and office may each employ actuaries who
 3674  shall be at-will employees and who shall serve at the pleasure
 3675  of the Chief Financial Officer, in the case of department
 3676  employees, or at the pleasure of the director of the office, in
 3677  the case of office employees. Actuaries employed pursuant to
 3678  this paragraph shall be members of the Society of Actuaries or
 3679  the Casualty Actuarial Society and shall be exempt from the
 3680  Career Service System established under chapter 110. The
 3681  salaries of the actuaries employed pursuant to this paragraph
 3682  shall be set in accordance with s. 221.29(2)(a)2. s.
 3683  216.251(2)(a)5. and shall be set at levels that which are
 3684  commensurate with salary levels paid to actuaries by the
 3685  insurance industry.
 3686         Section 69. This act shall take effect July 1, 2016.