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ADMINISTRATION COMMISSION
AGENDA

JUNE 26, 2000

  1. Approval of the minutes for the meeting held May 9, 2000.
  2. FISCAL YEAR 1999-2000

  3. AGENCY FOR HEALTH CARE ADMINISTRATION. Request approval of transfer of $88,634,160 in General Revenue appropriations as follows:


Transfer
(From)/To
1999 – 2000

Medicaid Services

$

Adult Dental, Visual and Hearing Services

Case Management Services

Therapeutic Services for Children

Community Mental Health Services

Early and Periodic Screening of Children

Family Planning Home and Community Based Services Home Health Services

Hospice Services

Hospital Inpatient Services

Free Standing Dialysis Centers

Hospital Insurance Benefits

Hospital Outpatient Services

Respiratory Therapy Services

Nurse Practitioner Services Nursing Home Care

Birthing Center Services Other Lab and X-Ray Services Patient Transportation

Physician Assistant Services

Personal Care Services Physical Rehabilitation Therapy Services

Physician Services

Prepaid Health Plans/HMO

Prescribed Medicine/Drugs

Private Duty Nursing Services

Rural Health Services

Speech Therapy Services

Medipass Services

829,955

7,137,172

717,854

(7,783,809)

7,631,763

(394,028)

(459,285)

(1,853,753)

3,237,063

15,436,150

3,652,174

(1,948,063)

(17,499,064)

(247,458)

(167,030)

(27,548,645)

(43,978)

404,926

(2,610,472)

65,976

669,603

1,042,008

3,066,979

(20,579,609)

40,794,987

1,283,625

(1,830,788)

1,113,976

579,842

 

 

 


Transfer
(From)/To
1999 – 2000

$

Supplemental Medical Insurance

Occupational Therapy Services

Clinic Services

(5,668,178)

687,006

283,101

Transfers general revenue between categories to properly align the Medicaid operating budget with current expenditure patterns as projected by the Social Services Estimating Conference on February 18, 2000.

  1. DEPARTMENT OF CORRECTIONS. Request approval of transfer of $2,508,452 in General Revenue appropriations as follows:
  2.  

     


    Transfer
    (From)/To
    1999 – 2000

    $

    Administration

    Salaries & Benefits

    Health Services

    Special Category - Inmate Health Services

     

    (2,508,452)

     

    2,508,452

    Provides additional funds from Administration to cover a budget shortfall in Inmate Health Services.

  3. DEPARTMENT OF EDUCATION. Request approval of transfer of $68,846 in General Revenue appropriations as follows:

  4. Transfer
    (From)/To
    1999 – 2000

     

    $

    Division of Community Colleges

    Grants and Aids - Community College Endowment Matching Fund Grants and Aids - Deferred Maintenance

     

    (68,846)

    68,846

    Provides for the transfer of unspent appropriations in the Endowment Matching Fund for distribution to the community colleges for deferred maintenance needs. The surplus appropriation is a result of all eligible private contributions having been matched.

     

  5. DEPARTMENT OF LEGAL AFFAIRS. Request approval of transfer of $10,000 in General Revenue appropriations as follows:

  6. Transfer
    (From)/To
    1999 – 2000

    Administered Funds

    Deficiency (10

    $

    (10,000)

    Office of the Attorney General

    Litigation Expenses

     

    10,000

    Provides General Revenue from the deficiency category in Administered Funds for expert witness fees, travel costs and other costs associated with defending the partial birth abortion lawsuit.

  7. DEPARTMENT OF MILITARY AFFAIRS. Request approval of transfer of $140,069 in Fixed Capital Outlay appropriations as follows:

  8. Transfer
    (From)/To
    1999 – 2000

    General Activities

    Fixed Capital Outlay - Planning - Armory Expansion/Rehabilitation- Jacksonville (Snyder)

    $

     

    (68,377)

    Fixed Capital Outlay - State Military Academy – Camp Blanding Training Site

    Fixed Capital Outlay - Waterplant Replacement- Jacksonville (Snyder)

    Fixed Capital Outlay - Life Safety Code Compliance – Fire Codes

     

    68,377

     

    (71,692)

     

    71,692

    Transfers unused appropriations from projects that have been completed to projects that were underfunded.

  9. PAROLE COMMISSION. Request approval of transfer of $42,000 in General Revenue appropriations as follows:

  10. Transfer
    (From)/To
    1999 – 2000

    Florida Parole Commission

    Salaries and Benefits

    $

    (42,000)

    Other Personal Services

    Operating Capital Outlay

    17,000

    25,000

    Provides for payments to temporary employees used when personnel reductions were being considered by the Legislature and transfers funds to purchase video teleconferencing equipment.

     

  11. DEPARTMENT OF STATE. Request approval of transfer of $70,000 in General Revenue appropriations as follows:

  12. Transfer
    (From)/To
    1999 – 2000

    Division of Elections

    Special Category – Petition Signature Verification

    $

    (70,000)

    Special Category – Special Elections

    70,000

    To provide additional funds to pay a portion of outstanding obligations to reimburse counties for the costs associated with holding special elections.

     

    FISCAL YEAR 2000-2001

  13. AGENCY FOR HEALTH CARE ADMINISTRATION. Request approval of transfer of $61,057 in General Revenue appropriations as follows:

  14. Transfer
    (From)/To
    2000-2001

    Executive Direction and Support Services

    Salaries and Benefits

     

    Expenses

     

     

    (50,000)

     

    (11,057)

    Administration and Support

    Salaries and Benefits

    Expenses

     

    50,000

    11,057

    Provides for the realignment of budget and positions that were inadvertently assigned to the incorrect budget entities during the creation of several new entities in the Agency for Health Care Administration for Fiscal Year 2000-2001.

  15. EXECUTIVE OFFICE OF THE GOVERNOR AND AGENCY FOR WORKFORCE INNOVATION. Request approval of transfer of $6,862,448 in General Revenue appropriations and $2,233,184 in Grants and Donations Trust Fund appropriations as follows:
  16.  

     

    Transfer
    (From)/To
    2000-2001

    Executive Office of the Governor

    OTTED – Economic Development Programs and Projects

    General Revenue Fund

    Lump Sum – Workforce Development and Infrastructure

    Grants and Donations Trust Fund

    Lump Sum – Workforce Development and Infrastructure

    General Office – WAGES

    Grants and Donations Trust Fund

    Salaries and Benefits

    Lump Sum – WAGES State Board (3.0)

    $

     

     

     

    (6,862,448)

     

    (490,862)

     

     

     

    (205,402)

    (1,536,920)

     

     

     

    Transfer
    (From)/To
    2000-2001

    Agency for Workforce Innovation

    Workforce Florida, Inc.

    General Revenue Fund

    Special Category – Workforce Florida Inc. Operations

    Special Category – Quick Response Training

    Grants and Donations Trust Fund

    Special Category – Workforce Florida Inc. Operations 3.0

    $

     

     

     

    862,448

    6,000,000

     

    2,233,184

    Transfers resources from the State Workforce Development Board and the State WAGES Board within the Executive Office of the Governor to Workforce Florida, Inc. within the Agency for Workforce Innovation, pursuant to the requirements of Senate Bill 2050 (Chapter 2000-165, Laws of Florida) signed into law May 30, 2000. The transfer will be effective July 1, 2000.

  17. DEPARTMENT OF CHILDREN AND FAMILIES. Request approval of transfer of $1,094,952 in General Revenue appropriations as follows:

  18. Transfer
    (From)/To
    2000-2001

    Child Protection and Permanency

    Special Category - Adoption Services and Subsidy

    Special Category - Out of Home Care

    Special Category - Grants and Aids-Child Protection

    $

    (668,295)

     

    (426,657)

    1,094,952

    Provides the appropriate category for the Sarasota YMCA privatization contract.

     

  19. DEPARTMENT OF CHILDREN AND FAMILIES. Request approval of transfer of $1,667,197 in General Revenue appropriations as follows:
  20.  

     

    Transfer
    (From)/To
    2000-2001

    Executive Direction and Support Services

    Salaries and Benefits 18.0

    Expenses

    Assistant Secretary for Administration

    Salaries and Benefits

    Expenses

    District Administration

    Salaries and Benefits 6.0

    Expenses

    Florida Abuse Hotline

    Salaries and Benefits 1.0

    Expenses

    Program Management and Compliance/Family Safety

    Program

    Salaries and Benefits (3.0)

    Expenses

     

    Comprehensive Eligibility Services

    Salaries and Benefits (14.0)

    Other Personal Services

    Expenses

     

    Program Management and Compliance/Economic Self

    Sufficiency Program

    Salaries and Benefits (8.0)

    Expenses

     

     

    1,033,599

    80,328

     

    (1,862)

    8,952

     

    430,310

    29,760

     

    79,288

    4,960

     

     

     

    (97,352)

    (14,880)

     

     

    (917,003)

    (54,676)

    (225,404)

     

     

     

    (313,860)

    (42,160)

    Provides for a central office reorganization, as authorized by Chapter 2000-139, Laws of Florida, and realigns budget and positions to the new budget structure created in the General Appropriations Act.

     

  21. DEPARTMENT OF CHILDREN AND FAMILIES. Request approval of transfer of $18,905,672 in General Revenue appropriations as follows:
  22.  

     

    Transfer
    (From)/To
    2000-2001

    Executive Direction and Support Services

    Expenses

    Assistant Secretary for Administration

    Salaries and Benefits

    Operating Capital Outlay

    Expenses

    District Administration

    Salaries and Benefits

    Expenses

    Child Care Regulation and Information

    Grants and Aids – Child Protection

    Program Management and Compliance/Family Safety

    Program

    Expenses

     

    Home and Community Services

    Expenses

    Violent Sexual Predator Program

    Lump Sum Involuntary Civil Commitment

    Salaries and Benefits

    Other Personal Services

    Expenses

    Grants and Aids – Contracted Services

     

    Program Management and Compliance/Mental Health

    Program

    Expenses

    Program Management and Compliance/Substance Abuse

    Program

    Expenses

    $

    (6,699)

     

    (762,910)

    35,518

    (135,784)

     

    762,910

    120,810

    1,923,529

     

     

     

     

    (561)

     

     

    (1,971)

     

    (16,062,905)

    45,193

    226,048

    317,114

    15,474,550

     

     

     

    (2,927)

     

     

     

    (1,687)

     

     

     

     

    Transfer
    (From)/To
    2000-2001

    Program Management and Compliance/Economic Self

    Sufficiency Program

    Expenses

    Wages and Employment Support

    Grants and Aids-Child Care WAGES

    $(6,699)

     

    (1,923,529)

    Provides reapproval of Fiscal Year 1999-2000 recurring amendments that were not included in the 2000-2001 General Appropriations Act.

  23. DEPARTMENT OF CHILDREN AND FAMILIES. Request approval of transfer of $5,302,846 in General Revenue appropriations as follows:

  24. Transfer
    (From)/To
    2000-2001

    Child Protection and Permanency

    Salaries and Benefits

    Expenses

    Grants and Aids-Child Protection

    $

    (4,107,889)

    (1,194,957)

    5,302,846

    Provides for the transfer of General Revenue between categories to support the privatization of community based care programs, including protective services, foster care and adoption services. The positions associated with this budget will be deleted effective July 1, 2000, pursuant to the General Appropriations Act.

  25. DEPARTMENT OF CHILDREN AND FAMILIES. Request approval of transfer of $1,089,902 in General Revenue appropriations as follows:

  26.  

    Transfer
    (From)/To
    2000-2001

    Program Management and Compliance/Family Safety

    Program

    Salaries and Benefits (29.0)

    Expenses

    $

     

    (960,053)

    (129,849)

     


    FTE

    Transfer
    (From)/To
    2000-2001

    Child Protection and Permanency

    Salaries and Benefits

    Executive Direction and Support Services

    Salaries and Benefits

    Information and Technology 57.0

    Assistant Secretary for Administration

    Data Processing Services – DCF Data Center

    Program Management and Compliance/Economic Self

    Sufficiency Program (28.0)

    $

    539,028

     

    55,194

     

     

    495,680

    Provides for the consolidation of all of the department’s information technology efforts related to the Family Information Linkage to Integrate Enabling Services (SACWIS) project. The transfer also corrects the distribution of the annualization of the child protection issue, which was inappropriately allocated in the General Appropriations Act.

  27. DEPARTMENT OF EDUCATION AND DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY. Request approval of transfer of $689,729 in General Revenue appropriations as follows:

  28. Transfer
    (From)/To
    2000-2001

    Department of Education

    Executive Direction and Support Services

    Salaries and Benefits 12.0

    Expenses

    Department of Labor and Employment Security

    Workforce and Employment Opportunities

    Salaries and Benefits (12.0)

    Expenses

    $

     

    589,729

    100,000

     

     

     

    (589,729)

    (100,000)

    Provides for the transfer of the Apprenticeship Program as authorized by Senate Bill 2050 (Chapter 2000-165, Laws of Florida). This transfer will be effective July 1, 2000.

     

  29. DEPARTMENT OF HEALTH. Request approval of transfer of $812,154 in General Revenue appropriations as follows:

  30. Transfer
    (From)/To
    2000-2001

    Children’s Special Health Care

    Salaries and Benefits

    Special Category - Grants and Aids-Primary Care Program

    Special Category - Master Contracts

     

    Special Category - Purchased Client Services-Clinic/Field Services

    Information Technology

    Salaries and Benefits

    $

    323,315

    74,342

     

    414,497

     

    (488,839)

     

    (323,315)

    Provides for reapproval of FY 1999-2000 recurring budget amendments that were not included in the FY 2000-2001 General Appropriations Act.

  31. DEPARTMENT OF JUVENILE JUSTICE. Request approval of transfer of $7,980,039 in General Revenue appropriations as follows:

  32. Transfer
    (From)/To
    2000-2001

    Detention Centers

    Special Category - Contracted Services

    Aftercare Services and Conditional Release

    Special Category - Contracted Services

     

    Non-Residential Delinquency Rehabilitation

    Special Category - Contracted Services

    Executive Direction & Support Services

    Special Category - Contracted Services

    $

    (1,498,492)

     

     

    (5,203,266)

     

     

    (526,716)

     

    (751,565)

     


    Transfer
    (From)/To
    2000-2001

    Home Detention

    Special Category - Contracted Services

    Juvenile Probation

    Special Category - Contracted Services

    Non-Secure Residential Commitment

    Special Category - Contracted Services

    Secure Residential Commitment

    Special Category - Contracted Services

    $

    172,555

     

    135,670

     

    4,997,429

     

    2,674,385

    Transfers contracted services reductions adopted by the Legislature in the FY 2000-01 General Appropriations Act to the correct new Department of Juvenile Justice budget entities.

     

  33. DEPARTMENT OF JUVENILE JUSTICE. Request approval of transfer of $20,146,896 in General Revenue appropriations and $102,155 in Trust Fund appropriations as follows:
  34.  

     

    Transfer
    (From)/To
    2000-2001

    Executive Direction and Support Services

    General Revenue Fund

    Salaries and Benefits (283.0) (14,620,893)

    Expenses (1,240,554)

    Grants and Donations Trust Fund

    Salaries and Benefits (1.0) (24,307)

    Expenses (17,969)

    Social Services Block Grant

    Salaries and Benefits (1.0) (49,630)

    Expenses (10,249)

     

     

     

    Transfer
    (From)/To
    2000-2001

    $

    Aftercare Services and Conditional Release

    General Revenue Fund

    Salaries and Benefits (1.0)

    Expenses

    Juvenile Probation

    General Revenue Fund

    Salaries and Benefits (48.0)

    Expenses

    Social Services Block Grant

    Salaries and Benefits 1.0

    Expenses

    Non-Residential Delinquency Rehabilitation

    General Revenue Fund

    Salaries and Benefits (15.0)

    Expenses

    Non-Secure Residential Commitment

    General Revenue Fund

    Salaries and Benefits (32.5)

    Detention Centers

    General Revenue Fund

    Salaries and Benefits 210.5

    Expenses

    Home Detention

    General Revenue Fund

    Salaries and Benefits 1.0

    Expenses

    Secure Residential Commitment

    General Revenue Fund

    Salaries and Benefits 115.0

    Expenses

    Grants and Donations Trust Fund

    Salaries and Benefits 1.0

    Expenses

     

     

     


    Prevention and Victim Service

    General Revenue Fund

    Salaries and Benefits

    Expenses

     

     

    (52,809)

    (5,500)

     

     

    (1,199,948)

    (650,536)

     

    49,630

    10,249

     

     

    (468,848)

    (36,342)

     

     

    (1,871,466)

     

     

    8,250,717

    1,101,813

     

     

    27,079

    23,587

     

     

    6,623,120

    516,932

    24,307

    17,969

     

     

    Transfer

    (From)/To

    2000-2001

    $

     

    3,313,048

    290,600

    Provides for the Department of Juvenile Justice's (DJJ) reorganization authorized by Senate Bill 1196 (Chapter 2000-135, Laws of Florida) where the department is going from a district to regional structure which is consistent with the boundaries of judicial circuits to better coordinate with other law enforcement and judicial entities.

  35. DEPARTMENT OF JUVENILE JUSTICE. Request approval of transfer of $1,000,000 in General Revenue appropriations as follows:

  36. Transfer
    (From)/To
    2000-2001

    Home Detention

    Special Category - Contracted Services

    Detention Centers

    Special Category - Contracted Services

    $

    (1,000,000)

     

    1,000,000

    Provides for the realignment of a budget reduction adopted by the Legislature in the FY 2000-2001 General Appropriations Act which should have been taken from the new Home Detention budget entity rather than the Detention Centers budget entity.

  37. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY AND DEPARTMENT OF MANAGEMENT SERVICES. Request approval of transfer of $1,256,113 in General Revenue appropriations as follows:
  38.  

     

    Transfer
    (From)/To
    2000-2001

    Department of Labor and Employment Security

    Executive Direction and Support Services –

    Minority Business Advocacy and Assistance Office

    Salaries and Benefits (21.0)

     

    Other Personal Services

     

    Expenses

     

     

    FTE


    Department of Management Services

    Workforce Program – Office of Supplier Diversity

    Salaries and Benefits 21.0

    Other Personal Services

    Expenses

    $

     

     

     

    (914,144)

     

    (100,000)

     

    (238,268)

    Transfer
    (From)/To
    2000-2001

    $

     

     

     

    914,144

    100,000

    238,268

    Transfers the Minority Business Advocacy and Assistance Office to the Department of Management Services, pursuant to House Bill 2127 (Chapter 2000-286, Laws of Florida). The transfer will be effective July 1, 2000.

     

  39. DEPARTMENT OF MANAGEMENT SERVICES. Request approval of transfer of $822,133 in General Revenue appropriations and $1,900,000 in Trust Fund appropriations as follows:
  40.  

     

    Transfer
    (From)/To
    2000-2001

    Administration Program

    General Revenue

    Salaries and Benefits (8.0)

    Other Personal Services

    Expenses

    Special Category - State Portal Development

    Special Category - Risk Management Insurance

    Working Capital Trust Fund

    Special Category - State Portal Development

    Technology Program

    General Revenue

    Salaries and Benefits 8.0

    Other Personal Services

    Expenses

    Special Category - State Portal Development

    Special Category - Risk Management Insurance

    Working Capital Trust Fund

    Special Category - State Portal Development

    $

     

    (507,917)

    (11,925)

    (200,811)

    (100,000)

    (1,480)

     

    (1,900,000)

     

     

    507,917

    11,925

    200,811

    100,000

    1,480

     

    1,900,000

    Provides for the consolidation of the State Technology Office within the Information Technology Program of the Department of Management Services, pursuant to the requirements of Senate Bill 1334, Chapter 2000-164, Laws of Florida.

  41. DEPARTMENT OF MILITARY AFFAIRS. Request approval to establish seven (7) positions in excess of the number fixed by the Legislature as follows:

  42. FTE


    Federal State Cooperative Agreements

    Executive Assistant I 2

    Executive Assistant II 1

    Administrative Assistant I 1

    Accountant I 2

    Grants Specialist III 1

     

     

     

    To establish seven (7) positions to implement a Youth Challenge Program at Camp Blanding. Federal funds have been received to conduct the program which will provide life skills training to at-risk youths in a controlled environment.

  43. DEPARTMENT OF STATE AND DEPARTMENT OF EDUCATION. Request approval of transfer of $3,000,000 in General Revenue appropriations and $2,380,003 in Trust Fund appropriations as follows:
  44.  

     

    Transfer
    (From)/To
    2000-2001

    Department of State

    Ringling Museum of Art

    Cultural Institutions Trust Fund

    Salaries and Benefits (60.0)

    Expenses

    Public Access Data Systems Trust Fund

    Expenses

    Investment Trust Fund

    Special Category – Restoration/Conservation –

    Art Acquisition

    General Revenue Fund

    Fixed Capital Outlay – Emergency Repairs

     

    FTE

    $

     

     

     

    (2,048,806)

    (100,000)

     

    (31,197)

     

    (200,000)

     

     

    (3,000,000)

    Transfer
    (From)/To
    2000-2001


    Department of Education

    Division of Universities

    Operations and Maintenance Trust Fund

    Lump Sum – Educational and General Activities 60.0

    General Revenue Fund

    Fixed Capital Outlay – Emergency Repairs

    $

     

     

    2,380,003

     

     

    3,000,000

    Transfers the John and Mable Ringling Museum of Art from the Department of State to Florida State University, pursuant to Senate Bill 1194, Section 65, (Chapter 2000-258, Laws of Florida) which passed the Legislature on May 5, 2000 with an effective date of July 1, 2000.

  45. DEPARTMENT OF BANKING AND FINANCE/OFFICE OF THE COMPTROLLER. Request approval for the temporary transfer of up to $1,000,000,000 from trust funds in the State Treasury to the General Revenue Fund, pursuant to section 215.18, Florida Statutes. Upon determination of need, if the General Revenue experiences cash deficits, the Comptroller is authorized to transfer amounts necessary to make up the deficiencies. Transferred amounts will be repaid as soon as practical but no later than June 30, 2001.
  46.  

  47. DEPARTMENT OF BANKING AND FINANCE/OFFICE OF THE COMPTROLLER. Request approval for the temporary transfer of up to $250,000,000 from trust funds in the State Treasury to the Tobacco Settlement Clearing Trust Fund pursuant to section 215.18, Florida Statutes. The trust fund receives the settlement payments made by the tobacco industry and uses those receipts to transfer to the various state agencies that were appropriated the tobacco settlement funds. The settlement payments for FY 2000-2001 are not due until the end of December; therefore, sufficient cash will not be available to fund the appropriations until that time. Transfers from the State Treasury will only be made as needed and will be repaid as soon as practical but not later than June 30, 2001.
  48.  

  49. DEPARTMENT OF REVENUE. Request approval for the temporary transfer of up to $53,000,000 from trust funds in the State Treasury to the County Revenue Sharing Trust Fund and the transfer of up to $25,000,000 to the Municipal Revenue Sharing Trust Fund, pursuant to section 215.18, Florida Statutes, to cover temporary cash deficiencies. The Department of Revenue will repay the transferred amounts as soon as practical but not later than June 30, 2001.
  50.  

  51. DEPARTMENT OF MANAGEMENT SERVICES. Request approval of proposed rule revision to Chapter 60K-3, Florida Administrative Code, Recruitment and Selection.
  52. The rule amendments are made within the authority of subsections 110.211(6) and 110.213(4), Florida Statutes, which require the Department of Management Services to adopt model rules pertaining to recruitment and selection of employees in the Career Service System. The rule amendments identify current departmental and agency responsibilities in the area of recruitment and selection; identify situations for which announcing job vacancies is not necessary; shorten the time frame for re-announcing positions; identify information to be included in a job vacancy announcement; allow agencies to accept requests for reassignment and promotion from employees in the Career Service System; require employing agencies to determine eligibility on all applicants at the beginning of the selection process; delete the guidelines regarding eligibility determination from the rule and incorporate by reference a manual containing the guidelines for determining eligibility; and identify acceptable selection techniques.

     

  53. DEPARTMENT OF MANAGEMENT SERVICES. Request approval of proposed rule revision to Chapter 60K-4, Florida Administrative Code, Appointments, Status, Transfers and Separations.

The rule amendments are made within the authority of subsection 110.217(1)(a), Florida Statutes, which require the Department of Management Services to adopt uniform rules pertaining to appointments, promotions, demotions, reassignments, separations and status of employees in the

Career Service System. The rule amendments change the provisions for original and promotional appointments from model rules to uniform rules; streamline the types of status that are awarded to employees upon appointment by renaming substitute status to overlap status incorporating the provisions of 60L-7, Florida Administrative Code, merging the provisions of emergency and temporary status into one; create the provisions for reinstatement appointments; allow employees in Return to Work Programs to be appointed with trainee status; and define separations from Career Service and reference the Drug-Free Workplace Act rather than the 1973 Department of Administration memorandum for handling dismissals for drug and alcohol abuse. The rule amendments repeal language regarding separations due to unauthorized holding or seeking of public office which is covered in 60K-13, Florida Administrative Code.

30. LEE COUNTY SHERIFF’S OFFICE. Consideration, pursuant to Section 30.49(5), Florida Statutes, of a petition appealing the Lee County Sheriff’s Office budget for Fiscal Year 1999-2000.

On November 10, 1999, Lee County Sheriff John McDougall filed a petition with the Administration Commission appealing his budget for Fiscal Year 1999-2000. An appointed three-member panel heard presentations, on May 23, 2000, from representatives of the Lee County Sheriff’s Office (Sheriff) supporting the appeal and the Lee County Board of County Commissioners (Board) supporting its budget decision.

 

RECOMMENDATION:

The Sheriff has presented an argument in favor of awarding additional funds for Fiscal Year 1999-2000 for his department to: (1) restore operating expenses to the level requested; and (2) restore the sheriff’s contingency fund account to the requested level.

For Fiscal Year 1999-2000, the Board has approved a budget for the Sheriff’s Office of $57,427,628. The data presented in the appeal, in the staff analysis, and in the presentations by the Sheriff and the Board at the panel hearing do not indicate that the level of funding is compromising public safety. The panel found that because the Board agreed to the funding of specific issues in the approved budget for the Sheriff, they in effect reduced both the Expenses Other than Salaries category and the Reserve for Contingencies category to funding levels below the FY 1998-99 base amount. The Board did not provide compelling information to support reductions to the Sheriff’s budget in these two categories. The panel recommends the following:

The Administration Commission, based on the hearing panel’s recommendation, directs:

The Lee County Board of County Commissioners to fund an additional $722,889 to the Lee County Sheriff’s Office, consisting of $538,107 in the Expenses Other than Salaries category to restore funding to the FY 1998-99 base amount and $184,782 in the Reserve for Contingencies category to restore funding to the adjusted FY 1998-99 base amount.

 

BACKUP:

Exhibit A: Summary of appeal and recommendations

Exhibit A

Summary:

On November 10, 1999, the Lee County Sheriff's Office (Sheriff), pursuant to s. 30.49(5), Florida Statutes, filed an appeal of their 1999-2000 budget approved by the Lee County Board of County Commissioners (Board). On November 18, 1999, the Board filed its response to the appeal.

The Sheriff originally requested a total budget for 1999-2000 of $62,700,294. On March 29, 2000, he officially reduced his request to $59,936,482 pursuant to the results of an audit performed by MGT of America. The audit had been requested by both the Board and the Sheriff.

The Board initially approved a 1999-2000 Sheriff’s budget of $53,777,628; a 3 percent increase from the 1998-99 approved budget plus a $1.5 million fund shift of inmate medical expenses from the County’s support budget to the Sheriff’s budget. Based on the results of the audit and discussions between the Sheriff and the Board, on November 9, 1999 the Board approved an additional $3.1 million for a total of $56,877,628. As a result of the Sheriff declaring a $2.2 million operating expense emergency in a May 1, 2000 letter, the Board approved another $550,000 for the Sheriff’s budget on May 9, 2000. The new Sheriff’s approved budget total is $57,427,628.

Two issues are raised in this appeal: (1) reduction from the requested amount of Expenses Other than Salaries; and (2) reduction from the requested Reserve for Contingencies. As required by statute, the Executive Office of the Governor (EOG) held a public meeting on May 23, 2000 to hear both parties present their case. A three-member panel consisting of Ms. Sunny Phillips of the Comptrollers Office, Mr. Rodney Doss of the Attorney General’s Office, and Mr. Brad Thomas of the Governor’s Office of Policy and Budget heard testimony from both the Board and the Sheriff. Based on those presentations and data provided by the Sheriff and the Board, the panel unanimously recommends that the Administration Commission direct the Board to provide a total of $722,889 in additional funding to the Sheriff. This total consists of an additional $538,107 in the Expenses Other than Salaries category to restore funding in this category to the FY 1998-99 base amount and an additional $184,782 in the Reserve for Contingencies category to restore funding to the requested level ($400,000) which the panel considers to be an adjusted FY 1998-99 base amount.

Analysis:

Pursuant to Administration Commission rules and procedures, upon receipt of the budget appeal EOG staff were assigned to review the Sheriff’s budget to: (a) perform an internal comparison to determine whether the Sheriff had been treated unfairly when compared to other county departments and other county constitutional officers; (b) perform an external comparison to determine whether the Sheriff was adequately funded when compared to similar sheriffs' departments; and (c) analyze the unique issues under appeal.

Findings - Internal Comparison:

The budget approved by the Board for the Sheriff for FY 1999-2000 represents a two-year increase of 15.2 percent. Two-year funding for county constitutional departments other than the sheriff increased by 26.9 percent. Overall, Lee County's 1999-2000 general fund budget has increased 17.0 percent from FY 1997-98. Over the past two fiscal years, the Sheriff has received an average annual funding increase of 7.6 percent, while other county constitutional departments have averaged a 13.5 percent annual increase and other county departments have averaged an 8.9 percent annual increase.

Findings - External Comparison:

The budgets for Sheriffs’ offices of six comparison counties constitute between 30.8 percent and 43.3 percent of their counties' general fund budgets, with an average of 37.3 percent. The Lee County Sheriff’s currently approved FY 1999-2000 budget constitutes 37.9 percent of the Lee County general fund budget. The six counties being used in the external comparison are Brevard, Collier, Escambia, Manatee, Pasco and Sarasota.

Lee County’s crime rate and the Sheriff’s arrest percentage are both the median of the seven counties. The Sheriff’s budget per unincorporated population is lower than all but one comparison county and 8.7 percent below the comparison county average. In measures examining total positions and law enforcement sworn positions, the Sheriff compared slightly unfavorably to the other counties, but the hearing panel chose not to consider these factors due to the Sheriff’s Office lack of an effective position control system, which was identified in the MGT of America audit.

Findings - Unique Issues:

Expenses Other than Salaries:

Based on their presentation at the May 23, 2000 hearing, the Sheriff’s appeal is a request for an additional $1,650,000 in this funding category. The Sheriff’s contention is that the Expenses Other than Salaries category and the Reserve for Contingencies category were reduced in order to fund the base budget and other agreed upon issues. The panel has identified a $538,107 reduction in the Expenses Other than Salaries category from the FY 1998-99 approved base and recommends the Administration Commission direct the Board to fund this reduction.

Reserve for Contingencies:

The Sheriff originally requested a contingency fund for FY 1999-2000 in the amount of $400,000, a reduction of $83,150 from the FY 1998-99 approved base amount of $483,150 for this category. The panel considers the $400,000 an adjusted base amount. The Board has approved an amount of $215,218 for Reserves for Contingencies, a $184,782 reduction from this adjusted base amount. The panel recommends that the Administration Commission direct the Board to fund $184,782 to restore the Reserve for Contingency category to the adjusted base amount.

It is the assumption of the panel that if a natural disaster or some other unforeseen event should occur that increases the need for the Sheriff’s Office involvement, the Board will consider a request for additional resources for the Sheriff with the best interest of the safety of county citizens in mind.

Rationale for Recommendations:

The panel found that because the Board acknowledged funding the following specific issues: Salary Merit and Cost of Living increases, annualization of the COPS grant and the Phase I Detention Project, fund shift of Inmate Medical costs, Sheriff’s salary increase, and Capital Equipment increase in the approved budget, the Sheriff had to reduce both the Expenses Other than Salaries category and the Reserve for Contingencies category below the FY 1998-99 base amounts. Based on the facts provided and the analysis completed, the hearing panel developed the following chart to present a fair 1999-2000 budget for the Sheriff:

1998-99 Approved Budget (Base) $50,733,150

Contingency Fund Request Adjustment (83,150)

Funded Issues

Sheriff’s Salary Increase 4,874

Inmate Medical (fund shift) 1,500,311

COPS Grant (annualization) 1,396,365

Phase I Detention Project (annualization) 1,406,755

COLA/Merit Salaries Increase 2,562,000

Capital Equipment Increase 630,212

Total Budget $58,150,517

Subtract Current Approved Budget 57,427,628

Balance $ 722,889

Restore Base Operating Expenses $ 538,107

Restore Base Reserve for Contingencies 184,782

Additional Funding Recommendation $ 722,889

Conclusions:

The hearing panel found that the internal comparison did show that the Sheriff was treated somewhat unfairly by the Board in its approved budget, especially when compared to other county constitutional offices. The external comparison indicated, however, that the Sheriff was adequately funded when compared to similar sheriffs' departments. The hearing panel found that there is sufficient evidence that the intent of the Board was to fund the enumerated issues in the above chart. The panel recommends that the Administration Commission direct the Lee County Board of County Commissioners to fund an additional $722,889 to the Lee County Sheriff’s Office, to include $538,107 in the Expenses Other than Salaries category and $184,782 in the Reserve for Contingencies category.

The hearing panel also recommends that the Sheriff, working with the Board, develop and implement a position control system and develop and implement a standard format for requesting a budget that will specifically identify and verify a base budget. Additionally, the hearing panel recommends that, pursuant to s. 30.49(4), F.S., the Board should "give written notice of its action (approved budget) to the sheriff and specify in such notice the specific items amended, modified, increased, or reduced." These recommendations are made to reduce the likelihood that future budget appeals will be filed.