1999 Florida Code
TITLE XIV TAXATION AND FINANCE
Chapter 216 Planning and Budgeting  
216.0166   Submission by state agencies of performance-based budget requests, programs, and performance measures.

216.0166  Submission by state agencies of performance-based budget requests, programs, and performance measures.--

(1)  Prior to September 1 of the fiscal year prior to which a state agency is required to submit a performance-based program budget request pursuant to s. 216.0172, such state agency shall identify and submit to the Executive Office of the Governor a list of proposed state agency programs and performance measures. The agency may also provide a list of statutes or rules affecting its performance which may be addressed as incentives or disincentives for the performance-based program budget. The list should be accompanied by recommended legislation to implement the requested changes for potential incentives. Such identification shall be conducted after discussion with legislative appropriations and appropriate substantive committees and shall be approved by the Executive Office of the Governor. The Executive Office of the Governor, after discussion with legislative appropriations and appropriate substantive committees and the Office of Program Policy Analysis and Government Accountability, shall review the list of programs and performance measures, may make any changes or require the agency to resubmit the list, and shall make a final recommendation of programs and associated performance measures to the Legislature within 60 days after receipt, to be used in the preparation and submission of the state agency's final legislative budget request pursuant to s. 216.023(5). The Executive Office of the Governor may also recommend legislation to implement any or all of the proposed incentives. Agencies continuing under performance-based program budgeting may provide as part of their legislative budget request a list of statutes or rules affecting their program performance which may be addressed as incentives or disincentives for the performance-based program budget.

(2)  The following documentation shall accompany the list of proposed programs and measures submitted by the state agency:

(a)  The constitutional or statutory direction and authority for each program.

(b)  Identification of the customers, clients, and users of each program.

(c)  The purpose of each program or the benefit derived by the customers, clients, and users of the program.

(d)  Direct and indirect costs of each program.

(e)  An assessment of whether each program is conducive to performance-based program budgeting.

(f)  An assessment of the time needed to develop meaningful performance measures for each program.

(g)  Any proposed legislation necessary to implement the incentives or disincentives requested pursuant to this subsection.

(h)  A comparison of the agency's existing budget structure to the proposed budget structure.

(i)  A description of the use of performance measures in agency decisionmaking, agency actions to allocate funds and manage programs, and the agency strategic plan.

(j)  The outputs produced by each proposed program, the outcomes resulting from each proposed program, and baseline data associated with each performance measure. Agencies must submit documentation for each output and outcome measure which explains the validity, reliability, and appropriateness of each performance measure. Such documentation must be prepared by the agency in consultation with its inspector general.

(3)  The agency shall submit a performance-based program legislative budget request pursuant to s. 216.0172, using the programs and performance measures adopted by the Legislature, or, if none are adopted, those recommended by the Executive Office of the Governor. Notwithstanding the programs, performance measures, and standards requested in each state agency's final legislative budget request or the Governor's budget recommendations, the Legislature shall have final approval of all programs, performance measures, and standards through the General Appropriations Act or legislation implementing the General Appropriations Act.

(4)  Annually, no later than 45 days after the General Appropriations Act becomes law, state agencies may submit to the Executive Office of the Governor any adjustments to their performance standards based on the amounts appropriated for each program by the Legislature. When such adjustment is made, all performance standards, including any adjustments made, shall be submitted to and reviewed and revised as necessary by the Executive Office of the Governor, and, upon approval, submitted to the Legislature pursuant to the review and approval process provided in s. 216.177. The Executive Office of the Governor shall maintain both the official record of adjustments to the performance standards as part of the agency's approved operating budget and the official performance ledger.

(5)  A state agency operating under a performance-based program budget pursuant to s. 216.0172 shall not have the authority to amend approved programs or performance measures. However, a state agency may propose revisions to approved programs or performance measures. Such revisions are subject to review and approval by the Executive Office of the Governor and the Legislature and shall be submitted to the Executive Office of the Governor prior to February 1 of the year in which the state agency proposes to incorporate these changes into its legislative budget request. The submission must include the documentation required by subsection (2), where applicable. The Executive Office of the Governor shall have 30 days to review the proposed revisions and make a recommendation to the Legislature. All approved revisions must be submitted with the agency's preliminary legislative budget request. Any new programs or performance measures proposed by the agency must be submitted pursuant to subsection (1) and must include the documentation required by subsection (2), where applicable.

History.--s. 4, ch. 94-249; s. 2, ch. 98-73.