Florida Senate - 2025 SB 7024 By the Committee on Appropriations 576-02642-25 20257024__ 1 A bill to be entitled 2 An act relating to state planning and budgeting; 3 reenacting and amending s. 216.011, F.S.; deleting the 4 definitions of the terms disincentive and 5 incentive; revising the definition of the term 6 fixed capital outlay; amending s. 216.013, F.S.; 7 revising the purpose of long-range program plans; 8 requiring that such plans be based on statutorily 9 established policies and driven by priorities and 10 outcomes to achieve certain goals, objectives, and 11 policies; requiring that such plans provide the 12 framework for development of legislative budget 13 requests; requiring that such plans identify specified 14 performance measures, trends and conditions relevant 15 to the performance measures and state goals, and 16 agency and judicial programs that implement 17 statutorily established policy; requiring that such 18 plans include certain information regarding the 19 implementation status of enacted laws; requiring that 20 such information also include laws enacted in 21 specified years; requiring that the implementation 22 status include specified information; requiring that 23 long-range program plans cover a specified timeframe 24 and remain in effect until replaced or adjusted as 25 provided by specified provisions; deleting a 26 requirement that written notice be provided to the 27 Governor and Legislature upon the publishing of such 28 plans on the agency or judicial branch website; 29 requiring state agencies and the judicial branch 30 annually, by a specified date, to submit their long 31 range program plans to the Legislative Budget 32 Commission for approval; providing that if a state 33 agency or the judicial branch receives a certain 34 notification of failure to comply, such agency or the 35 judicial branch is prohibited from submitting 36 amendments to or otherwise making changes to its 37 approved budget for certain expenditures until 38 compliance is achieved; deleting obsolete language; 39 amending s. 216.023, F.S.; requiring state agencies, 40 the judicial branch, and the Division of 41 Administrative Hearings to submit legislative budget 42 requests before a specified date in each odd-numbered 43 year and by a specified date in each even-numbered 44 year; deleting provisions relating to total 45 accountability measures and reductions in allocations; 46 making a technical change; amending ss. 216.163, 47 216.177, and 216.181, F.S.; conforming provisions to 48 changes made by the act; repealing ss. 216.1815 and 49 216.1826, F.S., relating to the agency incentive and 50 savings program and activity-based planning and 51 budgeting, respectively; amending s. 216.1827, F.S.; 52 requiring state agencies and the judicial branch to 53 maintain performance measures, outcomes, and 54 standards; requiring state agencies and the judicial 55 branch to adopt specified and applicable performance 56 measures, outcomes, and standards; requiring state 57 agencies and the judicial branch to develop and adopt 58 a certain number of specified performance measures, 59 outcomes, and standards; requiring state agencies and 60 the judicial branch to consider specified factors when 61 developing such additional performance measures, 62 outcomes, and standards; requiring state agencies to 63 maintain justifications for and sources of data to be 64 used for each performance measure adopted; requiring 65 that the long-range program plans contain performance 66 measures in specified forms, manner, and timeframes; 67 requiring that such plans provide specified 68 information and data; requiring state agencies and the 69 judicial branch to submit performance measures, 70 outcomes, standards, and certain information to the 71 Office of Program Policy Analysis and Government 72 Accountability upon request; requiring that certain 73 performance measures be adopted by the Legislative 74 Budget Commission; authorizing the submission of 75 requests to delete or amend performance measures, 76 outcomes, and standards to the Legislative Budget 77 Commission; requiring that such request include the 78 justification for the deletion, amendment, or 79 addition; providing that such deletions, amendments, 80 or additions are subject to review and approval by the 81 Legislative Budget Commission; requiring state 82 agencies and the judicial branch to make appropriate 83 adjustments to their performance measures, outcomes, 84 and standards to be consistent with certain enacted 85 legislation; providing that state agencies and the 86 judicial branch have a specified timeframe to make 87 such adjustments; deleting obsolete language; 88 requiring new state agencies created by the 89 Legislature to establish initial performance measures, 90 outcomes, and standards that are subject to review and 91 approval by the Legislative Budget Commission; 92 requiring state agencies and the judicial branch to 93 submit to the Legislative Budget Commission new 94 performance measures and specified information by a 95 specified date; providing for the scheduled repeal of 96 such provision; amending s. 216.262, F.S.; providing 97 that if the actual inmate population of the Department 98 of Corrections exceeds inmate population projections 99 of the most recently adopted forecast published by the 100 Criminal Justice Estimating Conference for the current 101 fiscal year by specified percentages, the Executive 102 Office of the Governor shall immediately notify such 103 estimating conference to convene and revise the 104 estimates; abrogating the scheduled repeal of such 105 provisions; amending s. 216.292, F.S.; prohibiting 106 appropriations from being transferred between state 107 agencies unless specifically authorized by the General 108 Appropriations Act or as otherwise provided by law; 109 authorizing the Executive Office of the Governor to 110 transfer funds within and between state agencies for a 111 specified purpose; providing that such transfers and 112 adjustments are subject to certain notice, review, and 113 objections; deleting obsolete language; abrogating the 114 scheduled repeal of a provision; amending s. 20.055, 115 F.S.; conforming provisions to changes made by the 116 act; amending ss. 121.021 and 121.051, F.S.; 117 conforming cross-references; amending s. 186.021, 118 F.S.; conforming provisions to changes made by the 119 act; amending s. 420.0003, F.S.; revising that a 120 certain long-range plan is from the Florida Housing 121 Finance Corporation and not from the Department of 122 Commerce; conforming provisions to changes made by the 123 act; amending s. 420.511, F.S.; revising references to 124 long-range program plan as long-range plan; 125 deleting a requirement that such plan be developed in 126 coordination with the Department of Commerce; deleting 127 a provision relating to the Secretary of Commerce, or 128 his or her designee, serving as the Florida Housing 129 Finance Corporations liaison for a specified purpose; 130 amending ss. 489.145, 985.619 and 1002.37, F.S.; 131 conforming cross-references; reenacting s. 132 402.56(5)(d), F.S., relating to the duty of the 133 Children and Youth Cabinet to design and implement a 134 long-range program plan, to incorporate the amendment 135 made to s. 216.013, F.S., in a reference thereto; 136 providing an effective date. 137 138 Be It Enacted by the Legislature of the State of Florida: 139 140 Section 1.Paragraphs (n), (r), and (v) of subsection (1) 141 of section 216.011, Florida Statutes, are amended, and paragraph 142 (ee) of that subsection is reenacted, to read: 143 216.011Definitions. 144 (1)For the purpose of fiscal affairs of the state, 145 appropriations acts, legislative budgets, and approved budgets, 146 each of the following terms has the meaning indicated: 147 (n)Disincentive means a sanction as described in s. 148 216.163. 149 (q)(r)Fixed capital outlay means the appropriation 150 category used to fund real property (land, buildings, including 151 appurtenances, fixtures and fixed equipment, structures, etc.), 152 including additions, replacements, major repairs, and 153 renovations to real property which materially extend its useful 154 life or materially improve or change its functional use and 155 including furniture and equipment necessary to furnish and 156 operate a new or improved facility, when appropriated by the 157 Legislature in the fixed capital outlay appropriation category. 158 The term does not include a minor repair or maintenance that 159 does not materially extend the useful life or materially improve 160 or change the functional use of a facility, which may be 161 appropriated in an expense, contracted services, or special 162 appropriation category. 163 (v)Incentive means a mechanism, as described in s. 164 216.163, for recognizing the achievement of performance 165 standards or for motivating performance that exceeds performance 166 standards. 167 (cc)(ee)Long-range program plan means a plan developed 168 pursuant to s. 216.013. 169 Section 2.Section 216.013, Florida Statutes, is amended to 170 read: 171 216.013Long-range program plans plan.State agencies and 172 the judicial branch shall develop long-range program plans to 173 achieve state goals and objectives using an interagency planning 174 process that includes the development of integrated agency 175 program service outcomes. The plans must shall be policy based 176 on statutorily established policies;, priority driven by 177 priorities and outcomes to achieve state goals, objectives, and 178 policies;, accountable;, and developed through careful 179 examination and justification of all agency and judicial branch 180 programs and activities. 181 (1)Long-range program plans must shall provide the 182 framework for the development of legislative budget requests. 183 (2)Long-range program plans must and shall identify or 184 update: 185 (a)The mission of the agency or judicial branch. 186 (b)The performance measures required pursuant to s. 187 216.1827 goals established to accomplish the mission. 188 (c)The objectives developed to achieve state goals. 189 (d)The trends and conditions relevant to the mission, the 190 performance measures, and the state goals, and objectives. 191 (d)(e)The state agency or judicial branch programs that 192 will be used to implement statutorily established state policy 193 and achieve state goals and objectives. 194 (f)The program outcomes and standards to measure progress 195 toward program objectives. 196 (g)Information regarding performance measurement, which 197 includes, but is not limited to, how data is collected, the 198 methodology used to measure a performance indicator, the 199 validity and reliability of a measure, the appropriateness of a 200 measure, and whether, in the case of agencies, the agency 201 inspector general has assessed the reliability and validity of 202 agency performance measures, pursuant to s. 20.055(2). 203 (h)Legislatively approved output and outcome performance 204 measures. Each performance measure must identify the associated 205 activity contributing to the measure from those identified in 206 accordance with s. 216.023(4)(b). 207 (i)Performance standards for each performance measure and 208 justification for the standards and the sources of data to be 209 used for measurement. Performance standards must include 210 standards for each affected activity and be expressed in terms 211 of the associated unit of activity. 212 (j)Prior-year performance data on approved performance 213 measures and an explanation of deviation from expected 214 performance. Performance data must be assessed for reliability 215 in accordance with s. 20.055. 216 (k)Proposed performance incentives and disincentives. 217 (3)(a)1.Long-range program plans must include information 218 about the implementation status of any law enacted in the 219 previous legislative session. The implementation status must be 220 provided until all provisions of the law related to the agency 221 have been fully implemented. 222 2.For purposes of initial implementation of this 223 subsection, in addition to laws enacted pursuant to the 2025 224 Regular Session, an agency must also provide information on 225 recently enacted laws for the 2023 and 2024 Regular Sessions 226 that have provisions not fully implemented. This subparagraph 227 expires on June 30, 2026. 228 (b)Implementation status information must include, at a 229 minimum, all of the following: 230 1.Actions or steps taken to implement the law, and actions 231 or steps planned for implementation, including, but not limited 232 to, all of the following, as applicable: 233 a.Administrative rules proposed for implementation. 234 b.Procurements required. 235 c.Contracts executed to assist the agency in 236 implementation. 237 d.Contracts executed to implement or administer the law. 238 e.Programs started, offices established, or other 239 organizational administrative changes made, including personnel 240 changes. 241 f.Federal waivers requested. 242 2.The status of any required appointments and all 243 scheduled board, commission, or related public meetings. 244 3.A description of the agency programs, outputs, and 245 activities implemented or changed related to the law. 246 4.All expenditures made that were directly related to the 247 implementation. 248 5.Any provisions remaining to be implemented. 249 6.A description of any impediment or delay in the 250 implementation, including, but not limited to, challenges of 251 administrative rules or identification of any policy issue that 252 needs to be resolved by the Legislature to ensure timely and 253 effective implementation. 254 7.Information related to any litigation related to the law 255 which is not provided under subparagraph 6. 256 8.Any performance measure developed and the specific data 257 identified, including data regarding enrollments, participants, 258 loans, and other data elements of programs, outputs, and 259 activities. 260 (4)(2)Each Long-range program plans must plan shall cover 261 a period of 5 fiscal years, be revised annually, and remain in 262 effect until replaced or adjusted as provided in this section 263 revised. 264 (5)(3)Long-range program plans or revisions must shall be 265 presented by state agencies and the judicial branch in a form, 266 manner, and timeframe prescribed in written instructions 267 prepared by the Executive Office of the Governor in consultation 268 with the chairs of the legislative appropriations committees. 269 (6)(4)Each state executive agency and the judicial branch 270 shall post their long-range program plans on their Internet 271 websites not later than September 30 30th of each year, and 272 provide written notice to the Governor and the Legislature that 273 the plans have been posted. 274 (7)(5)Each state agency The state agencies and the 275 judicial branch shall make appropriate adjustments to their 276 long-range program plans, excluding adjustments to performance 277 measures, outcomes, and standards, to be consistent with the 278 appropriations in the General Appropriations Act, and 279 legislation implementing the General Appropriations Act, or 280 other enacted legislation. Agencies and the judicial branch have 281 30 days subsequent to the effective date of the General 282 Appropriations Act and implementing legislation to make 283 adjustments to their plans as posted on their Internet websites. 284 (8)Annually, no later than September 15, each state agency 285 and the judicial branch shall submit their long-range program 286 plans to the Legislative Budget Commission for approval, 287 including any update on meeting their plans approved 288 performance measures and any deviation from expected performance 289 measures. 290 (9)If the chairs of the legislative appropriations 291 committees notify a state agency or the judicial branch that the 292 agency or the judicial branch has failed to comply with this 293 section or s. 216.1827, the agency or the judicial branch may 294 not submit amendments or otherwise make changes to its approved 295 budget for operations and fixed capital outlay pursuant to s. 296 216.181 until the agency or the judicial branch has corrected 297 its deficiency. 298 (10)(6)Long-range program plans developed pursuant to this 299 chapter are not rules and, therefore, are not subject to the 300 provisions of chapter 120. 301 (7)Notwithstanding the provisions of this section, each 302 state executive agency and the judicial branch are not required 303 to develop or post a long-range program plan by September 30, 304 2024, for the 2025-2026 fiscal year, except in circumstances 305 outlined in any updated written instructions prepared by the 306 Executive Office of the Governor in consultation with the chairs 307 of the legislative appropriations committees. This subsection 308 expires July 1, 2025. 309 Section 3.Subsections (1), (2), (4), and (10) of section 310 216.023, Florida Statutes, are amended to read: 311 216.023Legislative budget requests to be furnished to 312 Legislature by agencies. 313 (1)The head of each state agency, except as provided in 314 subsection (2), shall submit a final legislative budget request 315 to the Legislature and to the Governor, as chief budget officer 316 of the state, in the form and manner prescribed in the budget 317 instructions and at such time as specified by the Executive 318 Office of the Governor, based on the agencys independent 319 judgment of its needs. However, a state agency must may not 320 submit its complete legislative budget request, including all 321 supporting forms and schedules required by this chapter, no 322 later than September 15 of each odd-numbered year and no later 323 than October 15 of each even-numbered year unless an alternative 324 date is agreed to be in the best interest of the state by the 325 Governor and the chairs of the legislative appropriations 326 committees. 327 (2)The judicial branch and the Division of Administrative 328 Hearings shall submit their complete legislative budget requests 329 directly to the Legislature with a copy to the Governor, as 330 chief budget officer of the state, in the form and manner as 331 prescribed in the budget instructions. However, the complete 332 legislative budget requests, including all supporting forms and 333 schedules required by this chapter, must shall be submitted no 334 later than September 15 of each odd-numbered year and no later 335 than October 15 of each even-numbered year unless an alternative 336 date is agreed to be in the best interest of the state by the 337 Governor and the chairs of the legislative appropriations 338 committees. 339 (4)(a)The legislative budget request for each program must 340 contain: 341 (a)1.The constitutional or statutory authority for a 342 program, a brief purpose statement, and approved program 343 components. 344 (b)2.Information on expenditures for 3 fiscal years 345 (actual prior-year expenditures, current-year estimated 346 expenditures, and agency budget requested expenditures for the 347 next fiscal year) by appropriation category. 348 (c)3.Details on trust funds and fees. 349 (d)4.The total number of positions (authorized, fixed, and 350 requested). 351 (e)5.An issue narrative describing and justifying changes 352 in amounts and positions requested for current and proposed 353 programs for the next fiscal year. 354 (f)6.Information resource requests. 355 (g)7.Supporting information, including applicable cost 356 benefit analyses, business case analyses, performance 357 contracting procedures, service comparisons, and impacts on 358 performance standards for any request to outsource or privatize 359 agency functions. The cost-benefit and business case analyses 360 must include an assessment of the impact on each affected 361 activity from those identified in accordance with paragraph (b). 362 Performance standards must include standards for each affected 363 activity and be expressed in terms of the associated unit of 364 activity. 365 (h)8.An evaluation of major outsourcing and privatization 366 initiatives undertaken during the last 5 fiscal years having 367 aggregate expenditures exceeding $10 million during the term of 368 the contract. The evaluation must include an assessment of 369 contractor performance, a comparison of anticipated service 370 levels to actual service levels, and a comparison of estimated 371 savings to actual savings achieved. Consolidated reports issued 372 by the Department of Management Services may be used to satisfy 373 this requirement. 374 (i)9.Supporting information for any proposed consolidated 375 financing of deferred-payment commodity contracts including 376 guaranteed energy performance savings contracts. Supporting 377 information must also include narrative describing and 378 justifying the need, baseline for current costs, estimated cost 379 savings, projected equipment purchases, estimated contract 380 costs, and return on investment calculation. 381 (j)10.For projects that exceed $10 million in total cost, 382 the statutory reference of the existing policy or the proposed 383 substantive policy that establishes and defines the projects 384 governance structure, planned scope, main business objectives 385 that must be achieved, and estimated completion timeframes. The 386 governance structure for information technology-related projects 387 must incorporate the applicable project management and oversight 388 standards established pursuant to s. 282.0051. Information 389 technology budget requests for the continuance of existing 390 hardware and software maintenance agreements, renewal of 391 existing software licensing agreements, or the replacement of 392 desktop units with new technology that is similar to the 393 technology currently in use are exempt from this requirement. 394 (b)It is the intent of the Legislature that total 395 accountability measures, including unit-cost data, serve not 396 only as a budgeting tool but also as a policymaking tool and an 397 accountability tool. Therefore, each state agency and the 398 judicial branch must submit a summary of information for the 399 preceding year in accordance with the legislative budget 400 instructions. Each summary must provide a one-page overview and 401 must contain: 402 1.The final budget for the agency and the judicial branch. 403 2.Total funds from the General Appropriations Act. 404 3.Adjustments to the General Appropriations Act. 405 4.The line-item listings of all activities. 406 5.The number of activity units performed or accomplished. 407 6.Total expenditures for each activity, including amounts 408 paid to contractors and subordinate entities. Expenditures 409 related to administrative activities not aligned with output 410 measures must consistently be allocated to activities with 411 output measures prior to computing unit costs. 412 7.The cost per unit for each activity, including the costs 413 allocated to contractors and subordinate entities. 414 8.The total amount of reversions and pass-through 415 expenditures omitted from unit-cost calculations. 416 417 At the regular session immediately following the submission of 418 the agency unit cost summary, the Legislature shall reduce in 419 the General Appropriations Act for the ensuing fiscal year, by 420 an amount equal to at least 10 percent of the allocation for the 421 fiscal year preceding the current fiscal year, the funding of 422 each state agency that fails to submit the report required under 423 this paragraph. 424 (10)The legislative budget request from each agency and 425 from the judicial branch shall be reviewed by the Legislature. 426 The review may allow for the opportunity to have information or 427 testimony by the agency, the judicial branch, the Auditor 428 General, the Office of Program Policy Analysis and Government 429 Accountability, the Governors Office of Policy and Budget 430 Planning and Budgeting, and the public regarding the proper 431 level of funding for the agency in order to carry out its 432 mission. 433 Section 4.Subsection (4) of section 216.163, Florida 434 Statutes, is amended to read: 435 216.163Governors recommended budget; form and content; 436 declaration of collective bargaining impasses. 437 (4)The Executive Office of the Governor shall review the 438 findings of the Office of Program Policy Analysis and Government 439 Accountability, to the extent they are available, request any 440 reports or additional analyses as necessary, and submit a 441 recommendation for executive agencies, which may include a 442 recommendation regarding incentives or disincentives for agency 443 performance. Incentives or disincentives may apply to all or 444 part of a state agency. The Chief Justice shall review the 445 findings of the Office of Program Policy Analysis and Government 446 Accountability regarding judicial branch performance and make 447 appropriate recommendations for the judicial branch. 448 (a)Incentives may include, but are not limited to: 449 1.Additional flexibility in budget management, such as, 450 but not limited to, the use of lump sums or special categories; 451 consolidation of budget entities or program components; 452 consolidation of appropriation categories; and increased agency 453 transfer authority between appropriation categories or budget 454 entities. 455 2.Additional flexibility in salary rate and position 456 management. 457 3.Retention of up to 50 percent of all unencumbered 458 balances of appropriations as of June 30, or undisbursed 459 balances as of December 31, excluding special categories and 460 grants and aids, which may be used for nonrecurring purposes 461 including, but not limited to, lump-sum bonuses, employee 462 training, or productivity enhancements, including technology and 463 other improvements. 464 4.Additional funds to be used for, but not limited to, 465 lump-sum bonuses, employee training, or productivity 466 enhancements, including technology and other improvements. 467 5.Additional funds provided pursuant to law to be released 468 to an agency quarterly or incrementally contingent upon the 469 accomplishment of units of output or outcome specified in the 470 General Appropriations Act. 471 (b)Disincentives may include, but are not limited to: 472 1.Mandatory quarterly reports to the Executive Office of 473 the Governor and the Legislature on the agencys progress in 474 meeting performance standards. 475 2.Mandatory quarterly appearances before the Legislature, 476 the Governor, or the Governor and Cabinet to report on the 477 agencys progress in meeting performance standards. 478 3.Elimination or restructuring of the program, which may 479 include, but not be limited to, transfer of the program or 480 outsourcing all or a portion of the program. 481 4.Reduction of total positions for a program. 482 5.Restriction on or reduction of the spending authority 483 provided in s. 216.292(2)(b). 484 6.Reduction of managerial salaries. 485 Section 5.Subsection (3) of section 216.177, Florida 486 Statutes, is amended to read: 487 216.177Appropriations acts, statement of intent, 488 violation, notice, review and objection procedures. 489 (3)The Legislature may annually specify any incentives and 490 disincentives for agencies operating programs under performance 491 based budgets pursuant to this chapter in the General 492 Appropriations Act or legislation implementing the General 493 Appropriations Act. 494 Section 6.Paragraph (b) of subsection (10) of section 495 216.181, Florida Statutes, is amended to read: 496 216.181Approved budgets for operations and fixed capital 497 outlay. 498 (10) 499 (b)Lump-sum salary bonuses may be provided only if 500 specifically appropriated or provided pursuant to s. 110.1245 or 501 s. 216.1815. 502 Section 7.Section 216.1815, Florida Statutes, is repealed. 503 Section 8.Section 216.1826, Florida Statutes, is repealed. 504 Section 9.Section 216.1827, Florida Statutes, is amended 505 to read: 506 216.1827Requirements for performance measures, outcomes, 507 and standards. 508 (1)Each state agency Agencies and the judicial branch 509 shall maintain a comprehensive performance accountability system 510 containing, at a minimum, a list of performance measures, 511 outcomes, and standards as required by that are adopted by the 512 Legislature and subsequently amended pursuant to this section. 513 (2)Each state agency and the judicial branch shall adopt 514 the following performance measures, outcomes, and standards: 515 (a)Administrative costs as a percentage of total agency 516 costs, including salaries and benefits and excluding fixed 517 capital outlay. 518 (b)Percentage of vacant positions filled within 180 days 519 after becoming vacant. 520 (c)Total dollar amount of salary increases awarded, 521 delineated by the subtotal dollar amount of the increases 522 specifically authorized in the General Appropriations Act or 523 other law and the subtotal dollar amount of the increases 524 awarded without specific legislative authorization. 525 (d)Percentage of corrective actions taken within 6 months 526 after receipt of audit findings and management letters issued to 527 resolve such findings or letters from financial and operational 528 audits conducted pursuant to s. 11.45. 529 (e)Private attorney service costs dollar amounts by case 530 and as a percentage of total agency legal costs, legal costs 531 paid to the Attorney Generals office by case and as a 532 percentage of total agency legal costs, and total agency legal 533 costs as a percentage of total agency budget. 534 (f)Total dollar amount of expenditures by state term 535 contract as defined in s. 287.012, contracts procured using 536 alternative purchasing methods as authorized pursuant to s. 537 287.042(16), and agency procurements through request for 538 proposal, invitation to negotiate, invitation to bid, single 539 source, and emergency purchases. 540 (g)If applicable, the number of complete applications 541 received and the average number of days to complete a permit, a 542 licensure, a registration, or a certification process, from the 543 date of the receipt of initial application to final agency 544 action, for each permit, license, registration, or certification 545 issued by the agency or judicial branch. 546 (h)If applicable, the total number of required 547 inspections, total number of inspections completed, and 548 percentage of required inspections completed. 549 (i)If applicable, average number of calendar days to award 550 and contract for noncompetitive projects or grant programs for 551 state or federal funds from the date of receipt of funds by the 552 agency or receipt of budget authority, whichever is later. 553 (3)In addition to the performance measures, outcomes, and 554 standards required by subsection (2), each agency and the 555 judicial branch shall develop and adopt at least five additional 556 performance measures, outcomes, and standards. Additional 557 performance measures, outcomes, and standards must include key 558 state agency or judicial branch functions. When developing the 559 additional performance measures, outcomes, and standards, each 560 state agency and the judicial branch shall take all of the 561 following into consideration: 562 (a)The mission of the agency or judicial branch, state 563 goals and objectives, and statutory policy. 564 (b)Programs, outputs, and activities that are key agency 565 or judicial branch functions. 566 (c)Selection of data elements that best and most 567 accurately measure progress toward state goals and objectives, 568 including facilitating analysis of any deviation from expected 569 performance. 570 (4)Each state agency and the judicial branch shall 571 maintain the justification for each performance measure, 572 outcome, or standard, and the sources of data to be used. 573 (5)(2)(a)Each state agency Agencies and the judicial 574 branch shall submit long-range program plans with performance 575 measures in the form, manner, and timeframe output and outcome 576 measures and standards, as well as historical baseline and 577 performance data pursuant to s. 216.013. The long-range program 578 plan must provide: 579 (a)Information regarding measurement of the performance 580 measures, including how the data is collected, baseline data, 581 the methodology used for measurement, the reason for the 582 measurement, and the validity and reliability of the 583 measurement. 584 (b)Data for the previous 5 years related to the 585 performance measures, outcomes, and standards and an explanation 586 of deviation from expected performance. 587 (6)Each state agency Agencies and the judicial branch 588 shall also submit performance data, measures, outcomes, and 589 standards, including any information required by this section, 590 to the Office of Program Policy Analysis and Government 591 Accountability upon request for review of the adequacy of the 592 legislatively approved measures and standards. 593 (7)For each state agency and the judicial branch, 594 performance measures, outcomes, and standards, including any 595 amendments thereto, must be adopted by the Legislative Budget 596 Commission. 597 (3)(a)At least 30 days before the scheduled annual 598 legislative session, a state an agency or the Chief Justice of 599 the Supreme Court may submit requests to delete or amend its 600 existing approved performance measures, outcomes, and standards 601 or activities, including alignment of activities to performance 602 measures, or submit requests to create additional performance 603 measures, outcomes, and standards or activities to the 604 Legislature Executive Office of the Governor for review and 605 approval. The request must shall document the justification for 606 the change and ensure that the revision, deletion, amendment, or 607 addition is consistent with legislative intent. Such deletion, 608 amendment, or addition is subject to review and approval by the 609 Legislative Budget Commission Revisions or deletions to or 610 additions of performance measures and standards approved by the 611 Executive Office of the Governor are subject to the review and 612 objection procedure set forth in s. 216.177. 613 (b)Each state agency and the judicial branch shall make 614 appropriate adjustments to their performance measures, outcomes, 615 and standards to be consistent with the appropriations in the 616 General Appropriations Act, legislation implementing the General 617 Appropriations Act, or other enacted legislation. State agencies 618 and the judicial branch have 30 days after the effective date of 619 the General Appropriations Act or other enacted legislation to 620 propose adjustments to their plans for review and approval by 621 the Legislative Budget Commission The Chief Justice of the 622 Supreme Court may submit deletions or amendments of the judicial 623 branchs existing approved performance measures and standards or 624 may submit additional performance measures and standards to the 625 Legislature accompanied with justification for the change and 626 ensure that the revision, deletion, or addition is consistent 627 with legislative intent. Revisions or deletions to, or additions 628 of performance measures and standards submitted by the Chief 629 Justice of the Supreme Court are subject to the review and 630 objection procedure set forth in s. 216.177. 631 (4)(a)The Legislature may create, amend, and delete 632 performance measures and standards. The Legislature may confer 633 with the Executive Office of the Governor for state agencies and 634 the Chief Justice of the Supreme Court for the judicial branch 635 prior to any such action. 636 (b)The Legislature may require state agencies to submit 637 requests for revisions, additions, or deletions to approved 638 performance measures and standards to the Executive Office of 639 the Governor for review and approval, subject to the review and 640 objection procedure set forth in s. 216.177. 641 (c)The Legislature may require the judicial branch to 642 submit revisions, additions, or deletions to approved 643 performance measures and standards to the Legislature, subject 644 to the review and objection procedure set forth in s. 216.177. 645 (d)Any new state agency created by the Legislature shall 646 establish is subject to the initial performance measures, 647 outcomes, and standards thereof, subject to review and approval 648 by the Legislative Budget Commission established by the 649 Legislature. The Legislature may require state agencies and the 650 judicial branch to provide any information necessary to create 651 initial performance measures and standards. 652 (d)Each state agency and the judicial branch shall submit 653 new performance measures, outcomes, and standards, including the 654 information required by this section, to the Legislative Budget 655 Commission by December 1, 2025. This paragraph expires on 656 December 31, 2026. 657 Section 10.Subsection (4) of section 216.262, Florida 658 Statutes, is amended to read: 659 216.262Authorized positions. 660 (4)Notwithstanding the provisions of this chapter relating 661 to increasing the number of authorized positions, and for the 662 2024-2025 fiscal year only, if the actual inmate population of 663 the Department of Corrections in the current fiscal year exceeds 664 the inmate population projections of the most recently adopted 665 forecast published by the December 15, 2023, Criminal Justice 666 Estimating Conference for the current fiscal year by 1 percent 667 for 2 consecutive months or 2 percent for any month, the 668 Executive Office of the Governor, with the approval of the 669 Legislative Budget Commission, shall immediately notify the 670 Criminal Justice Estimating Conference, which shall convene as 671 soon as possible to revise the estimates. The Department of 672 Corrections may then submit a budget amendment requesting the 673 establishment of positions in excess of the number authorized by 674 the Legislature and additional appropriations from unallocated 675 general revenue sufficient to provide for essential staff, fixed 676 capital improvements, and other resources to provide 677 classification, security, food services, health services, and 678 other variable expenses within the institutions to accommodate 679 the estimated increase in the inmate population. All actions 680 taken pursuant to this subsection are subject to review and 681 approval by the Legislative Budget Commission. This subsection 682 expires July 1, 2025. 683 Section 11.Present paragraph (b) of subsection (1) of 684 section 216.292, Florida Statutes, is redesignated as paragraph 685 (c), a new paragraph (b) is added to that subsection, and 686 paragraph (a) of subsection (1) and subsection (2) of that 687 section are amended, to read: 688 216.292Appropriations nontransferable; exceptions. 689 (1)(a)Funds provided in the General Appropriations Act or 690 as otherwise expressly provided by law shall be expended only 691 for the purpose for which appropriated, except that such moneys 692 may be transferred as provided in this section when it is 693 determined to be in the best interest of the state. 694 Appropriations for fixed capital outlay may not be expended for 695 any other purpose. Appropriations may not be transferred between 696 state agencies, or between a state agency and the judicial 697 branch, unless specifically authorized by law or specifically 698 authorized in the General Appropriations Act. 699 (b)The Executive Office of the Governor may transfer funds 700 within and between state agencies for the sole purpose of 701 implementing statewide distributions for risk management 702 insurance, human resource services, and data processing 703 services. Transfers and adjustments are subject to the notice, 704 review, and objection procedures of s. 216.177. 705 (2)The following transfers are authorized to be made by 706 the head of each department or the Chief Justice of the Supreme 707 Court whenever it is deemed necessary by reason of changed 708 conditions: 709 (a)The transfer of appropriations funded from identical 710 funding sources, except appropriations for fixed capital outlay, 711 and the transfer of amounts included within the total original 712 approved budget and plans of releases of appropriations as 713 furnished pursuant to ss. 216.181 and 216.192, as follows: 714 1.Between categories of appropriations within a budget 715 entity, if no category of appropriation is increased or 716 decreased by more than 5 percent of the original approved budget 717 or $250,000, whichever is greater, by all action taken under 718 this subsection. 719 2.Between budget entities within identical categories of 720 appropriations, if no category of appropriation is increased or 721 decreased by more than 5 percent of the original approved budget 722 or $250,000, whichever is greater, by all action taken under 723 this subsection. 724 3.Any agency exceeding salary rate established pursuant to 725 s. 216.181(8) on June 30th of any fiscal year may shall not be 726 authorized to make transfers pursuant to subparagraphs 1. and 2. 727 in the subsequent fiscal year. 728 4.Notice of proposed transfers under subparagraphs 1. and 729 2. shall be provided to the Executive Office of the Governor and 730 the chairs of the legislative appropriations committees at least 731 3 days prior to agency implementation in order to provide an 732 opportunity for review. The review shall be limited to ensuring 733 that the transfer is in compliance with the requirements of this 734 paragraph. 735 5.For the 2024-2025 fiscal year, The review shall ensure 736 that transfers proposed pursuant to this paragraph comply with 737 this chapter, maximize the use of available and appropriate 738 trust funds, and are not contrary to legislative policy and 739 intent. This subparagraph expires July 1, 2025. 740 (b)After providing notice at least 5 working days prior to 741 implementation: 742 1.The transfer of funds within programs identified in the 743 General Appropriations Act from identical funding sources 744 between the following appropriation categories without 745 limitation so long as such a transfer does not result in an 746 increase, to the total recurring general revenue or trust fund 747 cost of the agency or entity of the judicial branch in the 748 subsequent fiscal year: other personal services, expenses, 749 operating capital outlay, food products, state attorney and 750 public defender operations, data processing services, operating 751 and maintenance of patrol vehicles, overtime payments, salary 752 incentive payments, compensation to retired judges, law 753 libraries, and juror and witness payments. 754 2.The transfer of funds and positions from identical 755 funding sources between salaries and benefits appropriation 756 categories within programs identified in the General 757 Appropriations Act. Such transfers must be consistent with 758 legislative policy and intent and may not adversely affect 759 achievement of approved performance outcomes or outputs in any 760 program. 761 (c)The transfer of funds appropriated to accounts 762 established for disbursement purposes upon release of such 763 appropriation upon request of a department and approval by the 764 Chief Financial Officer. Such transfer may only be made to the 765 same appropriation category and the same funding source from 766 which the funds are transferred. 767 Section 12.Paragraphs (a) and (b) of subsection (2) of 768 section 20.055, Florida Statutes, are amended to read: 769 20.055Agency inspectors general. 770 (2)An office of inspector general is established in each 771 state agency to provide a central point for coordination of and 772 responsibility for activities that promote accountability, 773 integrity, and efficiency in government. It is the duty and 774 responsibility of each inspector general, with respect to the 775 state agency in which the office is established, to: 776 (a)Advise in the development of performance measures, 777 outcomes, standards, and procedures for the evaluation of state 778 agency programs. 779 (b)Assess the reliability and validity of the information 780 provided by the state agency on performance measures and 781 standards, and make recommendations for improvement, if 782 necessary, before submission of such information pursuant to s. 783 216.1827. 784 Section 13.Paragraph (a) of subsection (52) and paragraph 785 (a) of subsection (53) of section 121.021, Florida Statutes, are 786 amended to read: 787 121.021Definitions.The following words and phrases as 788 used in this chapter have the respective meanings set forth 789 unless a different meaning is plainly required by the context: 790 (52)Regularly established position means: 791 (a)With respect to a state employer, a position that is 792 authorized and established pursuant to law and is compensated 793 from a salaries and benefits appropriation pursuant to s. 794 216.011(1)(pp) s. 216.011(1)(rr), or an established position 795 that is authorized pursuant to s. 216.262(1)(a) and (b) and is 796 compensated from a salaries account as provided in s. 797 216.011(qq) s. 216.011(1)(ss). 798 (53)Temporary position means: 799 (a)With respect to a state employer, a position that is 800 compensated from an other personal services (OPS) account as 801 provided in s. 216.011(1)(hh) s. 216.011(1)(jj). 802 Section 14.Subsection (8) of section 121.051, Florida 803 Statutes, is amended to read: 804 121.051Participation in the system. 805 (8)DIVISION OF REHABILITATION AND LIQUIDATION EMPLOYEES 806 MEMBERSHIP.Effective July 1, 1994, the regular receivership 807 employees of the Division of Rehabilitation and Liquidation of 808 the Department of Financial Services who are assigned to 809 established positions and are subject to established rules and 810 regulations regarding discipline, pay, classification, and time 811 and attendance are hereby declared to be state employees within 812 the meaning of this chapter and shall be compulsory members in 813 compliance with this chapter, the provisions of s. 814 216.011(1)(hh)2. s. 216.011(1)(jj)2., notwithstanding. 815 Employment performed before July 1, 1994, as such a receivership 816 employee may be claimed as creditable retirement service upon 817 payment by the employee or employer of contributions required in 818 s. 121.081(1), as applicable for the period claimed. 819 Section 15.Section 186.021, Florida Statutes, is amended 820 to read: 821 186.021Long-range program plans.Pursuant to s. 216.013, 822 each state agency shall develop a long-range program plan on an 823 annual basis. The plan must shall provide the framework and 824 context for designing and interpreting the agency budget 825 request. The plan must will be developed through careful 826 examination and justification of agency functions and their 827 associated costs. An agency shall use the long-range program 828 plan It shall be used by the agency to implement the states 829 goals and objectives. The agency shall also develop performance 830 measures, outcomes, and standards to measure programs, outputs, 831 Indicators shall be developed to measure service and activity 832 performance. 833 Section 16.Paragraph (b) of subsection (3) of section 834 420.0003, Florida Statutes, is amended to read: 835 420.0003State housing strategy. 836 (3)IMPLEMENTATION.The state, in carrying out the strategy 837 articulated in this section, shall have the following duties: 838 (b)The long-range program plan of the corporation 839 department must include specific performance measures, goals, 840 and objectives, and strategies that implement the housing 841 policies in this section. 842 Section 17.Section 420.511, Florida Statutes, is amended 843 to read: 844 420.511Strategic business plan; long-range program plan; 845 annual report; audited financial statements. 846 (1)The corporation shall develop a strategic business plan 847 for the provision of affordable housing for the state. The plan 848 must be consistent with the long-range program plan prepared 849 pursuant to subsection (2) and must shall contain performance 850 measures and specific performance targets for the following: 851 (a)The ability of low-income and moderate-income 852 Floridians to access housing that is decent and affordable. 853 (b)The continued availability and affordability of housing 854 financed by the corporation to target populations. 855 (c)The availability of affordable financing programs, 856 including equity and debt products, and programs that reduce 857 gaps in conventional financing in order to increase individual 858 access to housing and stimulate private production of affordable 859 housing. 860 (d)The establishment and maintenance of efficiencies in 861 the delivery of affordable housing. 862 (e)Such other measures as directed by the corporations 863 board of directors. 864 (2)The corporation, in coordination with the department, 865 shall annually develop a long-range program plan for the 866 provision of affordable housing in this state as required 867 pursuant to chapter 186. In part, the plan must include 868 provisions that maximize the abilities of the corporation to 869 implement the state housing strategy established under s. 870 420.0003, to respond to federal housing initiatives, and to 871 develop programs in a manner that is more responsive to the 872 needs of public and private partners. The plan must shall be 873 developed on a schedule consistent with that established by s. 874 186.021. For purposes of this section, the Secretary of Commerce 875 or his or her designee shall serve as the corporations 876 representative to achieve a coordinated and integrated planning 877 relationship with the department. 878 (3)The corporation shall submit to the Governor and the 879 presiding officers of each house of the Legislature, within 6 880 months after the end of its fiscal year, a complete and detailed 881 report setting forth the corporations state and federal program 882 accomplishments using the most recent available data. The report 883 must include, but is not limited to: 884 (a)The following tenant characteristics in the existing 885 rental units financed through corporation-administered programs: 886 1.The number of households served, delineated by income, 887 race, ethnicity, and age of the head of household. 888 2.The number of households served in large, medium, and 889 small counties as described in s. 420.5087(1) and the extent to 890 which geographic distribution has been achieved in accordance 891 with s. 420.5087. 892 3.The number of farmworker and commercial fishing worker 893 households served. 894 4.The number of homeless households served. 895 5.The number of special needs households served. 896 6.By county, the average rent charged based on unit size. 897 (b)The number of rental units to which resources have been 898 allocated in the last fiscal year, including income and 899 demographic restrictions. 900 (c)The estimated average cost of producing units under 901 each rental or homeownership unit financed under each program in 902 the last fiscal year. 903 (d)By county, the average sales price of homeownership 904 units financed in the last fiscal year. 905 (e)The number of households served by homeownership 906 programs in the last fiscal year, including the income, race, 907 ethnicity, and age of the homeowner of each household. 908 (f)The percentage of homeownership loans that are in 909 foreclosure. 910 (g)The percentage of properties in the corporations 911 rental portfolio which have an occupancy rate below 90 percent. 912 (h)The amount of economic stimulus created by the 913 affordable housing finance programs administered by the 914 corporation for the most recent year available. 915 (i)For the State Apartment Incentive Loan Program (SAIL), 916 a comprehensive list of all closed loans outstanding at the end 917 of the most recent fiscal year, including, but not limited to, 918 development name, city, county, developer, set-aside type, set 919 aside percentage, affordability term, total number of units, 920 number of set-aside units, lien position, original loan amount, 921 loan maturity date, loan balance at close of year, status of 922 loan, rate of interest, and interest paid. 923 (j)For the Florida Affordable Housing Guarantee Program, a 924 list of all guaranteed loans through the close of the most 925 recent fiscal year, including, but not limited to, development 926 name, city, county, developer, total number of units, issuer of 927 the bonds, loan maturity date, participation in the United 928 States Department of Housing and Urban Development Risk-Sharing 929 Program, original guarantee amount, guarantee amount at the 930 close of the fiscal year, status of guaranteed loans, and total 931 outstanding Florida Housing Finance Corporation Affordable 932 Housing Guarantee Program revenue bonds at the close of the most 933 recent fiscal year. 934 (k)Any other information the corporation deems 935 appropriate. 936 (4)Within 6 months after the end of its fiscal year, the 937 corporation shall submit audited financial statements, prepared 938 in accordance with generally accepted accounting principles, 939 which include all assets, liabilities, revenues, and expenses of 940 the corporation, and a list of all bonds outstanding at the end 941 of its fiscal year. The audit must be conducted by an 942 independent certified public accountant, performed in accordance 943 with generally accepted auditing standards and government 944 auditing standards, and incorporate all reports, including 945 compliance reports, as required by such auditing standards. 946 (5)The Auditor General shall conduct an operational audit 947 of the accounts and records of the corporation and provide a 948 written report on the audit to the President of the Senate and 949 the Speaker of the House of Representatives by December 1, 2016. 950 Section 18.Paragraph (a) of subsection (6) of section 951 489.145, Florida Statutes, is amended to read: 952 489.145Guaranteed energy, water, and wastewater 953 performance savings contracting. 954 (6)PROGRAM ADMINISTRATION AND CONTRACT REVIEW.The 955 Department of Management Services, with the assistance of the 956 Office of the Chief Financial Officer, shall, within available 957 resources, provide technical content assistance to state 958 agencies contracting for energy, water, and wastewater 959 efficiency and conservation measures and engage in other 960 activities considered appropriate by the department for 961 promoting and facilitating guaranteed energy, water, and 962 wastewater performance contracting by state agencies. The 963 Department of Management Services shall review the investment 964 grade audit for each proposed project and certify that the cost 965 savings are appropriate and sufficient for the term of the 966 contract. The Office of the Chief Financial Officer, with the 967 assistance of the Department of Management Services, shall, 968 within available resources, develop model contractual and 969 related documents for use by state agencies. Before entering 970 into a guaranteed energy, water, and wastewater performance 971 savings contract, a contract or lease for third-party financing, 972 or any combination of such contracts, a state agency shall 973 submit such proposed contract or lease to the Office of the 974 Chief Financial Officer for review and approval. The Office of 975 the Chief Financial Officer shall complete its review and 976 approval within 10 business days after receiving the proposed 977 contract or lease. A proposed contract or lease with a state 978 agency must include the following: 979 (a)Supporting information required by s. 216.023(4)(i) s. 980 216.023(4)(a)9. in ss. 287.063(5) and 287.064(11). For contracts 981 approved under this section, the criteria may, at a minimum, 982 include the specification of a benchmark cost of capital and 983 minimum real rate of return on energy, water, or wastewater 984 savings against which proposals shall be evaluated. 985 986 The Office of the Chief Financial Officer shall not approve any 987 contract submitted under this section from a state agency that 988 does not meet the requirements of this section. 989 Section 19.Paragraph (c) of subsection (5) of section 990 985.619, Florida Statutes, is amended to read: 991 985.619Florida Scholars Academy. 992 (5)FUNDING. 993 (c)The fiscal year for the Florida Scholars Academy is the 994 fiscal year of the state as defined in s. 216.011(1)(n) s. 995 216.011(1)(o). 996 Section 20.Paragraph (a) of subsection (2) of section 997 1002.37, Florida Statutes, is amended to read: 998 1002.37The Florida Virtual School. 999 (2)The Florida Virtual School shall be governed by a board 1000 of trustees comprised of seven members appointed by the Governor 1001 to 4-year staggered terms. The board of trustees shall be a 1002 public agency entitled to sovereign immunity pursuant to s. 1003 768.28, and board members shall be public officers who shall 1004 bear fiduciary responsibility for the Florida Virtual School. 1005 The board of trustees shall have the following powers and 1006 duties: 1007 (a)1.The board of trustees shall meet at least 4 times 1008 each year, upon the call of the chair, or at the request of a 1009 majority of the membership. 1010 2.The fiscal year for the Florida Virtual School shall be 1011 the state fiscal year as provided in s. 216.011(1)(p) s. 1012 216.011(1)(q). 1013 1014 The Governor shall designate the initial chair of the board of 1015 trustees to serve a term of 4 years. Members of the board of 1016 trustees shall serve without compensation, but may be reimbursed 1017 for per diem and travel expenses pursuant to s. 112.061. The 1018 board of trustees shall be a body corporate with all the powers 1019 of a body corporate and such authority as is needed for the 1020 proper operation and improvement of the Florida Virtual School. 1021 The board of trustees is specifically authorized to adopt rules, 1022 policies, and procedures, consistent with law and rules of the 1023 State Board of Education related to governance, personnel, 1024 budget and finance, administration, programs, curriculum and 1025 instruction, travel and purchasing, technology, students, 1026 contracts and grants, and property as necessary for optimal, 1027 efficient operation of the Florida Virtual School. Tangible 1028 personal property owned by the board of trustees shall be 1029 subject to the provisions of chapter 273. 1030 Section 21.For the purpose of incorporating the amendment 1031 made by this act to section 216.013, Florida Statutes, in a 1032 reference thereto, paragraph (d) of subsection (5) of section 1033 402.56, Florida Statutes, is reenacted to read: 1034 402.56Childrens cabinet; organization; responsibilities; 1035 annual report. 1036 (5)DUTIES AND RESPONSIBILITIES.The Children and Youth 1037 Cabinet shall: 1038 (d)Design and implement actions that will promote 1039 collaboration, creativity, increased efficiency, information 1040 sharing, and improved service delivery between and within state 1041 governmental organizations that provide services for children 1042 and youth and their families. In particular, the efforts shall 1043 include the long-range planning process mandated by s. 216.013. 1044 Section 22.This act shall take effect July 1, 2025.