Bill Text: FL S1572 | 2010 | Regular Session | Introduced

---

Bill Title: State Budgeting & Planning/DOH/DOC [WPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S1572 Detail]

Download: Florida-2010-S1572-Introduced.html

---

 
Florida Senate - 2010                                    SB 1572 
 
By Senator Rich 
34-01398-10                                           20101572__ 
1                        A bill to be entitled 
2         An act relating to state budgeting and planning; 
3         amending s. 216.262, F.S.; providing that the 
4         limitation on the total number of authorized positions 
5         within a state agency or an entity of the judicial 
6         branch does not apply to certain positions within the 
7         Department of Health; deleting the exception for 
8         requesting additional positions within the Department 
9         of Corrections in excess of the number of positions 
10         authorized for the 2009-2010 fiscal year; providing an 
11         effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Section 216.262, Florida Statutes, is amended to 
16  read: 
17         216.262 Authorized positions.— 
18         (1)(a) Unless otherwise expressly provided by law, the 
19  total number of authorized positions may not exceed the total 
20  provided in the appropriations acts. If In the event any state 
21  agency or entity of the judicial branch finds that the number of 
22  positions so provided is not sufficient to administer its 
23  authorized programs, it may file an application with the 
24  Executive Office of the Governor or the Chief Justice; and, if 
25  the Executive Office of the Governor or Chief Justice certifies 
26  that there are no authorized positions available for addition, 
27  deletion, or transfer within the agency as provided in paragraph 
28  (c) and recommends an increase in the number of positions, the 
29  Governor or the Chief Justice may recommend an increase in the 
30  number of positions for the following reasons only: 
31         1. To implement or provide for continuing federal grants or 
32  changes in grants not previously anticipated. 
33         2. To meet emergencies pursuant to s. 252.36. 
34         3. To satisfy new federal regulations or changes therein. 
35         4. To take advantage of opportunities to reduce operating 
36  expenditures or to increase the revenues of the state or local 
37  government. 
38         5. To authorize positions that were not fixed by the 
39  Legislature through error in drafting the appropriations acts. 
40 
41  Actions recommended pursuant to this paragraph are subject to 
42  approval by the Legislative Budget Commission. The certification 
43  and the final authorization shall be provided to the Legislative 
44  Budget Commission, the appropriations committees, and the 
45  Auditor General. 
46         (b) The Governor and the Chief Justice may, after a public 
47  hearing, delete supervisory or managerial positions within a 
48  department and establish direct service delivery positions in 
49  excess of the number of supervisory or managerial positions 
50  deleted. The salary rate for all positions authorized under this 
51  paragraph may not exceed the salary rate for all positions 
52  deleted under this paragraph. Positions affected by changes made 
53  under this paragraph may be funded only from identical funding 
54  sources. 
55         (c)1. The Executive Office of the Governor, under such 
56  procedures and qualifications as it deems appropriate, shall, 
57  upon agency request, delegate to any state agency authority to 
58  add and delete authorized positions or transfer authorized 
59  positions from one budget entity to another budget entity within 
60  the same division, and may approve additions and deletions of 
61  authorized positions or transfers of authorized positions within 
62  the state agency when such changes would enable the agency to 
63  administer more effectively its authorized and approved 
64  programs. The additions or deletions must be consistent with the 
65  intent of the approved operating budget, must be consistent with 
66  legislative policy and intent, and must not conflict with 
67  specific spending policies specified in the General 
68  Appropriations Act. 
69         2. The Chief Justice of the Supreme Court may shall have 
70  the authority to establish procedures for the judicial branch to 
71  add and delete authorized positions or transfer authorized 
72  positions from one budget entity to another budget entity, and 
73  to add and delete authorized positions within the same budget 
74  entity, when such changes are consistent with legislative policy 
75  and intent and do not conflict with spending policies specified 
76  in the General Appropriations Act. 
77         (d) An individual employed by a state agency or by the 
78  judicial branch may not hold more than one employment during his 
79  or her normal working hours with the state, such working hours 
80  to be determined by the head of the state agency affected, 
81  unless approved by the Department of Management Services, or 
82  otherwise delegated to the agency head, or by the Chief Justice 
83  of the Supreme Court, respectively. 
84         (e) An individual employed by a state agency or by the 
85  judicial branch may not fill more than a total of one full-time 
86  equivalent established position, receive compensation 
87  simultaneously from any appropriation other than appropriations 
88  for salaries, or receive compensation simultaneously from more 
89  than one state agency unless approved by the Department of 
90  Management Services, or otherwise delegated to the agency head, 
91  or by the Chief Justice, respectively, during each fiscal year. 
92  The Department of Management Services may adopt uniform rules 
93  applicable to the executive branch agencies to implement its 
94  responsibilities under this paragraph. 
95         (f) Perquisites may not be furnished by a state agency or 
96  by the judicial branch unless approved by the Department of 
97  Management Services, or otherwise delegated to the agency head, 
98  or by the Chief Justice, respectively, during each fiscal year. 
99  Whenever a state agency or the judicial branch is to furnish 
100  perquisites, the Department of Management Services or the agency 
101  head to which the approval has been delegated or the Chief 
102  Justice, respectively, must approve the kind and monetary value 
103  of such perquisites before they may be furnished. Perquisites 
104  may be furnished only when in the best interest of the state due 
105  to the exceptional or unique requirements of the position. The 
106  value of a perquisite may not be used to compute an employee’s 
107  base rate of pay or regular rate of pay unless required by the 
108  Fair Labor Standards Act. Permissible perquisites include, but 
109  are not limited to, moving expenses, clothing, use of vehicles 
110  and other transportation, domestic services, groundskeeping 
111  services, telephone services, medical services, housing, 
112  utilities, and meals. The Department of Management Services may 
113  adopt uniform rules applicable to the executive branch agencies 
114  to implement its responsibilities under this paragraph, which 
115  rules may specify additional perquisites, establish additional 
116  criteria for each kind of perquisite, provide the procedure to 
117  be used by executive agencies in applying for approvals, and 
118  establish the required justification. As used in this section, 
119  the term “perquisites” means those things, or the use thereof, 
120  or services of a kind that confer on the officers or employees 
121  receiving them some benefit that is in the nature of additional 
122  compensation, or that reduce to some extent the normal personal 
123  expenses of the officer or employee receiving them. The term 
124  includes, but is not limited to, such things as quarters, 
125  subsistence, utilities, laundry services, medical service, use 
126  of state-owned vehicles for other than state purposes, and 
127  servants paid by the state. 
128         (g) If goods and services are to be sold to officers and 
129  employees of a state agency or of the judicial branch rather 
130  than being furnished as perquisites, the kind and selling price 
131  thereof shall be approved by the Department of Management 
132  Services, unless otherwise delegated to the agency head, or by 
133  the Chief Justice, respectively, during each fiscal year before 
134  such sales are made. The selling price may be deducted from any 
135  amounts due by the state to any person receiving such things. 
136  The amount of cash so deducted shall be faithfully accounted 
137  for. This paragraph does not apply to sales to officers or 
138  employees of items generally sold to the public and does not 
139  apply to meals that which may be provided without charge to 
140  volunteers under a volunteer service program approved by the 
141  Department of Management Services. The goods and services may 
142  include, but are not limited to, medical services, long-term and 
143  short-term rental housing, and laundry and transportation 
144  services. The Department of Management Services may adopt 
145  uniform rules applicable to the executive branch agencies to 
146  implement its responsibilities under this paragraph. These, 
147  which rules may specify other items that may be approved, the 
148  required justification for proposed sales, and the manner in 
149  which agencies will apply for approvals. 
150         (2) The provisions of paragraphs (1)(d) and (e) do not 
151  apply to an individual filling a position the salary of which 
152  has been specifically fixed or limited by law. Unless 
153  specifically authorized by law, an individual filling or 
154  performing the duties of a position the salary of which has been 
155  specifically fixed or limited by law may not receive 
156  compensation from more than one appropriation, or in excess of 
157  the amount so fixed or limited by law, regardless of any 
158  additional duties performed by that individual in any capacity 
159  or position. However, this subsection does not prohibit 
160  additional compensation from an educational appropriation to any 
161  person holding a position the salary of which is specifically 
162  fixed or limited by law, provided such compensation does not 
163  exceed payment for more than one course of instruction during 
164  any one academic term and that such compensation is approved as 
165  provided in paragraphs (1)(d) and (e). Any compensation received 
166  by any person pursuant to the provisions of this subsection 
167  shall not be computed as a part of average final compensation 
168  for retirement purposes under the provisions of chapter 121. 
169         (3) A No full-time position may not shall be filled by more 
170  than the equivalent of one full-time officer or employee, except 
171  when extenuating circumstances exist. Extenuating circumstances 
172  will be provided for in rules to be adopted by the Department of 
173  Management Services or by the Chief Justice, respectively. 
174         (4) The requirement provided in subsection (1) regarding 
175  the limit on the total number of authorized positions does not 
176  apply to positions within the Department of Health which are 
177  funded by the County Health Department Trust Fund. 
178  Notwithstanding the provisions of this chapter on increasing the 
179  number of authorized positions, and for the 2009-2010 fiscal 
180  year only, if the actual inmate population of the Department of 
181  Corrections exceeds the inmate population projections of the 
182  April 30, 2009, Criminal Justice Estimating Conference by 1 
183  percent for 2 consecutive months or 2 percent for any month, the 
184  Executive Office of the Governor, with the approval of the 
185  Legislative Budget Commission, shall immediately notify the 
186  Criminal Justice Estimating Conference, which shall convene as 
187  soon as possible to revise the estimates. The Department of 
188  Corrections may then submit a budget amendment requesting the 
189  establishment of positions in excess of the number authorized by 
190  the Legislature and additional appropriations from unallocated 
191  general revenue sufficient to provide for essential staff, fixed 
192  capital improvements, and other resources to provide 
193  classification, security, food services, health services, and 
194  other variable expenses within the institutions to accommodate 
195  the estimated increase in the inmate population. All actions 
196  taken pursuant to the authority granted in this subsection shall 
197  be subject to review and approval by the Legislative Budget 
198  Commission. This subsection expires July 1, 2010. 
199         Section 2. This act shall take effect July 1, 2010.