The Florida Senate

¹216.181  Approved budgets for operations and fixed capital outlay.--

(1)  The General Appropriations Act and any other acts containing appropriations shall be considered the original approved operating budgets for operational and fixed capital expenditures. Amendments to the approved operating budgets for operational and fixed capital outlay expenditures from state agencies may be requested only through the Executive Office of the Governor and approved by the Governor or Administration Commission as provided in this chapter. Amendments from the judicial branch may be requested only through, and approved by, the Chief Justice of the Supreme Court. This includes amendments which are necessary to implement the provisions of s. 216.212 or s. 216.221.

(2)  Amendments to the original approved operating budgets for operational and fixed capital outlay expenditures must comply with the following guidelines in order to be approved by the Governor or Administration Commission as provided in this chapter for the executive branch and the Chief Justice for the judicial branch:

(a)  The amendment must be consistent with legislative policy and intent.

(b)  The amendment may not initiate or commence a new program, except as authorized by this chapter, or eliminate an existing program.

(c)  Except as authorized in s. 216.292 or other provisions of this chapter, the amendment may not provide funding or increased funding for items which were funded by the Legislature in an amount less than that requested by the agency or Governor in the legislative budget request or which were vetoed by the Governor.

(d)  For amendments that involve trust funds, there must be adequate and appropriate revenues available in the trust fund and the amendment must be consistent with the laws authorizing such trust funds and the laws relating to the use of the trust funds. However, a trust fund shall not be increased in excess of the original approved budget, except as provided in ²subsection (10).

(e)  The amendment shall not conflict with any provision of law.

(f)  The amendment must not provide funding for any issue which was requested by the agency or branch in their legislative budget request and not funded in the General Appropriations Act.

(g)  The amendment must include a written description of the purpose of the proposed change, an indication of why interim budget action is necessary, and the intended recipient of any funds for contracted services.

(h)  The amendment must not provide general salary increases which the Legislature has not authorized in the General Appropriations Act or other laws.

(3)  All amendments to original approved operating budgets, regardless of funding source, are subject to the notice and review procedures set forth in s. 216.177.

(4)  All amendments to the original approved operating budgets, regardless of funding source, are subject to the notice and review procedures set forth in s. 216.177 and must be approved by the Governor and Administration Commission as provided in this chapter for the executive branch and the Chief Justice for the judicial branch if the amendment is for an information resources management project or initiative that involves more than one agency, has an outcome that impacts another agency, or exceeds $500,000 in total cost over a 1-year period.

(5)

(a)  The Executive Office of the Governor or the Chief Justice of the Supreme Court may require the submission of a detailed plan from the agency or entity of the judicial branch affected, consistent with the General Appropriations Act, special appropriations acts, and the statement of intent before transferring and releasing the balance of a lump-sum appropriation. The provisions of this paragraph are subject to the notice and review procedures set forth in s. 216.177.

(b)  The Executive Office of the Governor may amend, without approval of the Administration Commission, state agency budgets to reflect the transferred funds based on the approved plans for lump-sum appropriations.

The Executive Office of the Governor shall transmit to each state agency and the Comptroller, and the Chief Justice shall transmit to each judicial branch component and the Comptroller, any approved amendments to the approved operating budgets.

(6)  The Executive Office of the Governor may, for the purpose of improved contract administration, authorize the consolidation of two or more fixed capital outlay appropriations for an agency, and the Chief Justice of the Supreme Court for the judicial branch, except for projects authorized under chapter 235, provided the original scope and purpose of each project are not changed.

(7)  The original approved annual salary rate for the Division of Administrative Hearings shall be as set forth in the General Appropriations Act. This rate may be adjusted by the Executive Office of the Governor subject to the provisions of s. 120.65(2).

(8)  As part of the approved operating budget, the Executive Office of the Governor shall furnish to each state agency, and the Chief Justice of the Supreme Court shall furnish to the entity of the judicial branch, an approved annual salary rate for each budget entity containing a salary appropriation. This rate shall be based upon the actual salary rate and shall be consistent with the General Appropriations Act or special appropriations acts. The annual salary rate shall be:

(a)  Calculated based on the actual salary rate in effect on June 30, and the salary policy and the number of authorized positions as specified in the General Appropriations Act and special appropriations acts, or as provided pursuant to s. 216.177.

(b)  Controlled by budget entity.

(c)  Assigned to the number of authorized positions, which may not be transferred between budget entities unless the associated positions are also transferred pursuant to s. 216.262(1)(c).

(9)

(a)  The calculation for the annual salary rate for vacant and newly authorized positions shall be at no more than the midpoint of the range of the pay grade for the position or as provided in the General Appropriations Act.

(b)  No agency or the judicial branch may exceed its maximum approved annual salary rate for the fiscal year. However, at any time during the fiscal year, an agency or entity of the judicial branch may exceed its approved rate for all budget entities by no more than 5 percent, provided that, by June 30 of every fiscal year, the agency or entity of the judicial branch has reduced its salary rate so that the salary rate for each budget entity is within the approved rate limit for that budget entity.

(10)

(a)  The Executive Office of the Governor and the Chief Justice of the Supreme Court may increase or decrease the approved salary rate for positions for the purpose of implementing the General Appropriations Act, special appropriations acts, and other adjustments if they are deemed to be necessary and in the best interest of the state and consistent with legislative intent and policy. The provisions of this paragraph are subject to the notice and review procedures set forth in s. 216.177.

(b)  Lump-sum salary bonuses may be provided only if specifically appropriated.

(11)  The Executive Office of the Governor may approve transfers of appropriations in the General Appropriations Act within any state trust fund of an agency, and the Chief Justice of the Supreme Court may approve such transfers for the judicial branch. The Governor and the Chief Justice of the Supreme Court may establish nonoperating budgets if deemed necessary and in the best interest of the state and consistent with legislative intent and policy. The Executive Office of the Governor and the Chief Justice of the Supreme Court may approve changes in the amounts appropriated from state trust funds in excess of those in the approved operating budget only pursuant to the federal funds provisions of s. 216.212, when grants and donations are received after April 1, or when deemed necessary due to a set of conditions that were unforeseen at the time the General Appropriations Act was adopted and that are essential to correct in order to continue the operation of government. The provisions of this subsection are subject to the notice, review, and objection procedures set forth in s. 216.177.

(12)  Each state agency and the judicial branch shall develop the internal management procedures and budgets necessary to assure compliance with the approved operating budget.

(13)  The Executive Office of the Governor and the Chief Justice of the Supreme Court shall certify the amounts approved for operations and fixed capital outlay, together with any relevant supplementary materials or information, to the Comptroller; and such certification shall be the Comptroller's guide with reference to the expenditures of each state agency pursuant to s. 216.192.

(14)  The provisions of this section do not apply to the budgets for the legislative branch.

(15)

(a)  Funds provided in any specific appropriation in the General Appropriations Act may be advanced if the General Appropriations Act specifically so provides.

(b)  Any agency, or the judicial branch, that has been authorized by the General Appropriations Act or expressly authorized by other law to make advances for program startup or advances for contracted services, in total or periodically, shall limit such disbursements to other governmental entities and not-for-profit corporations. The amount which may be advanced shall not exceed the expected cash needs of the contractor or recipient within the initial 3 months. Thereafter, disbursements shall only be made on a reimbursement basis. Any agreement that provides for advancements may contain a clause that permits the contractor or recipient to temporarily invest the proceeds, provided that any interest income shall either be returned to the agency or be applied against the agency's obligation to pay the contract amount. This paragraph does not constitute lawful authority to make any advance payment not otherwise authorized by laws relating to a particular agency or general laws relating to the expenditure or disbursement of public funds. The Comptroller may, after consultation with the legislative appropriations committees, waive the requirements of this paragraph which apply to advances if it is determined to be consistent with the intent of the approved operating budget.

³(c)  For the 1997-1998 fiscal year only, funds appropriated to the Department of Children and Family Services in Specific Appropriations 272 through 403 and the Department of Health in Specific Appropriations 426 through 511A of the 1997-1998 General Appropriations Act may be advanced, unless specifically prohibited in such General Appropriations Act, for those contracted services that were approved for advancement by the Comptroller in fiscal year 1993-1994, including those services contracted on a fixed-price or unit cost basis. This paragraph is repealed on July 1, 1998.

History.--s. 31, ch. 69-106; s. 12, ch. 71-354; s. 11, ch. 77-352; s. 8, ch. 81-169; s. 14, ch. 83-49; s. 5, ch. 83-332; ss. 1, 12, ch. 85-241; s. 3, ch. 86-297; s. 58, ch. 87-224; s. 2, ch. 88-182; s. 5, ch. 88-557; ss. 8, 9, ch. 89-51; s. 12, ch. 90-365; s. 19, ch. 91-109; s. 60, ch. 92-142; s. 40, ch. 95-280; s. 13, ch. 95-396; s. 7, ch. 96-420; s. 7, ch. 97-153; s. 6, ch. 97-286.

¹Note.--Section 112(1) and (2), ch. 96-175, provides that:

"(1)  Notwithstanding the provisions of sections 216.031, 216.181, 216.251, 216.262, and 240.271, Florida Statutes, to the contrary and pursuant to the provisions of section 216.351, Florida Statutes, but subject to any guidelines imposed in the General Appropriations Act, funds and authorized positions for the operation of programs affected by this act may be transferred by the Executive Office of the Governor between appropriation categories, budget entities, and departments as necessary to implement the act. The affected departments shall develop and publish annual operating budgets that reflect any reallocations. Any program, activity, or function transferred under the provisions of this subsection shall be considered a type two transfer under the provisions of section 20.06, Florida Statutes.

"(2)  Notwithstanding the provisions of section 216.181, Florida Statutes, and pursuant to the provisions of section 216.351, Florida Statutes, but subject to any requirements imposed in the General Appropriations Act, the Comptroller, upon the request of the Executive Office of the Governor, shall transfer or reallocate funds to or among accounts established for disbursement purposes as necessary to implement this act. The departments shall maintain records to account for the original appropriation and shall submit legislative budget requests which reflect the transfer of funds between expenditure categories which have been made in order to implement this act."

²Note.--Redesignated as subsection (11) by s. 6, ch. 97-286.

³Note.--Section 7, ch. 97-153, amended paragraph (14)(c) "[i]n order to implement Specific Appropriations 272 through 403 and 426 through 511A of the 1997-1998 General Appropriations Act."