HB 5069

1
A bill to be entitled
2An act relating to approved budgets for operations and
3fixed capital outlay; amending s. 216.181, F.S.; providing
4that certain salary rate provisions do not apply to the
5Executive Office of the Governor; providing an effective
6date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (d) of subsection (10) of section
11216.181, Florida Statutes, is amended to read:
12     216.181  Approved budgets for operations and fixed capital
13outlay.--
14     (8)  As part of the approved operating budget, the
15Executive Office of the Governor shall furnish to each state
16agency, and the Chief Justice of the Supreme Court shall furnish
17to the entity of the judicial branch, an approved annual salary
18rate for each budget entity containing a salary appropriation.
19This rate shall be based upon the actual salary rate and shall
20be consistent with the General Appropriations Act or special
21appropriations acts. The annual salary rate shall be:
22     (a)  Determined by the salary rate specified in the General
23Appropriations Act and adjusted for reorganizations authorized
24by law, for any other appropriations made by law, and, subject
25to s. 216.177, for distributions of lump-sum appropriations and
26administered funds and for actions that require authorization of
27salary rate from salary rate reserve and placement of salary
28rate in salary rate reserve.
29     (b)  Controlled by department or agency; except for the
30Department of Education, which shall be controlled by division
31and for the judicial branch, which shall be controlled at the
32branch level.
33     (c)  Assigned to the number of authorized positions.
34     (9)  No agency or the judicial branch may exceed its
35maximum approved annual salary rate for the fiscal year.
36However, at any time during the fiscal year, an agency or entity
37of the judicial branch may exceed its approved rate for all
38budget entities by no more than 5 percent, provided that, by
39June 30 of every fiscal year, the agency or entity of the
40judicial branch has reduced its salary rate so that the salary
41rate for each department is within the approved rate limit for
42that department.
43     (10)(a)  The Legislative Budget Commission may authorize
44increases or decreases in the approved salary rate, except as
45authorized in paragraph (8)(a), for positions pursuant to the
46request of the agency filed with the Executive Office of the
47Governor or pursuant to the request of an entity of the judicial
48branch filed with the Chief Justice of the Supreme Court, if
49deemed necessary and in the best interest of the state and
50consistent with legislative policy and intent.
51     (b)  Lump-sum salary bonuses may be provided only if
52specifically appropriated or provided pursuant to s. 110.1245 or
53s. 216.1815.
54     (c)  State agencies and the judicial branch shall report,
55each fiscal quarter, the number of filled positions, the number
56of vacant positions, and the salary rate associated with each
57category to the Legislative Budget Commission in a form and
58manner prescribed by the commission.
59     (d)  The salary rate provisions of subsections (8) and (9)
60and this subsection do not apply to the general office program
61of the Executive Office of the Governor.
62     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.