The Florida Senate

¹216.011  Definitions.--

(1)  For the purpose of fiscal affairs of the state, appropriations acts, legislative budgets, and approved budgets, each of the following terms has the meaning indicated:

(a)  "Annual salary rate" means the salary estimated to be paid or actually paid a position or positions on an annualized basis. In calculating salary rate, a vacant position shall be calculated at the minimum of the pay grade for that position.

(b)  "Appropriation" means a legal authorization to make expenditures for specific purposes within the amounts authorized in the appropriations act.

(c)  "Appropriations act" means the authorization of the Legislature, based upon legislative budgets or based upon legislative findings of the necessity for an authorization when no legislative budget is filed, for the expenditure of amounts of money by an agency, the judicial branch, and the legislative branch for stated purposes in the performance of the functions it is authorized by law to perform.

(d)  "Authorized position" means a position included in an approved budget. In counting the number of authorized positions, part-time positions shall be converted to full-time equivalents.

(e)  "Budget entity" means a unit or function at the lowest level to which funds are specifically appropriated in the appropriations act.

(f)  "Consultation" means to deliberate and seek advice in an open and forthright manner with the full committee, a subcommittee thereof, the chair, or the staff as deemed appropriate by the chair of the respective appropriations committee.

(g)  "Continuing appropriation" means an appropriation automatically renewed without further legislative action, period after period, until altered or revoked by the Legislature.

(h)  "Data processing services" means electronic data processing services provided by or to state agencies or the judicial branch, which services include, but are not limited to, systems design, software development, or time-sharing by other governmental units or budget entities.

(i)  "Disbursement" means the payment of an expenditure.

(j)  "Disincentive" means a sanction as described in s. 216.163.

(k)  "Established position" means an authorized position which has been classified in accordance with a classification and pay plan as provided by law.

(l)  "Expenditure" means the creation or incurring of a legal obligation to disburse money.

(m)  "Expense" means the usual, ordinary, and incidental expenditures by an agency or the judicial branch, including, but not limited to, such items as contractual services, commodities, and supplies of a consumable nature, current obligations, and fixed charges, and excluding expenditures classified as operating capital outlay. Payments to other funds or local, state, or federal agencies are included in this budget classification of expenditures.

(n)  "Fiscal year of the state" means a period of time beginning July 1 and ending on the following June 30, both dates inclusive.

(o)  "Fixed capital outlay" means real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use and including furniture and equipment necessary to furnish and operate a new or improved facility, when appropriated by the Legislature in the fixed capital outlay appropriation category.

(p)  "Full-time position" means a position authorized for the entire normally established work period, daily, weekly, monthly, or annually.

(q)  "Grants and aids" means contributions to units of governments or nonprofit organizations to be used for one or more specified purposes, activities, or facilities. Funds appropriated under this category may be advanced.

(r)  "Incentive" means a mechanism, as described in s. 216.163, for recognizing the achievement of performance standards or for motivating performance that exceeds performance standards.

(s)  "Independent judgment" means an evaluation of actual needs made separately and apart from the legislative budget request of any other agency or of the judicial branch, or any assessments by the Governor. Such evaluation shall not be limited by revenue estimates of the Revenue Estimating Conference.

(t)  "Judicial branch" means all officers, employees, and offices of the Supreme Court, district courts of appeal, circuit courts, county courts, and the Judicial Qualifications Commission.

(u)  "Legislative branch" means the various officers, committees, and other units of the legislative branch of state government.

(v)  "Legislative budget" means a request to the Legislature, filed pursuant to s. 216.023, or supplemental detailed requests filed with the Legislature, for the amounts of money such agency or branch believes will be needed in the performance of the functions that it is authorized, or which it is requesting authorization by law, to perform.

(w)  "Lump-sum appropriation" means funds appropriated to accomplish a specific activity or project which must be transferred to one or more appropriation categories for expenditure.

(x)  "Operating capital outlay" means equipment, fixtures, and other tangible personal property of a nonconsumable and nonexpendable nature, the value or cost of which is $1,000 or more and the normal expected life of which is 1 year or more, and hardback-covered bound books that are circulated to students or the general public, the value or cost of which is $25 or more, and hardback-covered bound books, the value or cost of which is $250 or more.

(y)  "Original approved budget" means the approved plan of operation of an agency or of the judicial branch consistent with the General Appropriations Act or special appropriations acts.

(z)  "Other personal services" means the compensation for services rendered by a person who is not a regular or full-time employee filling an established position. This definition includes, but is not limited to, services of temporary employees, student or graduate assistants, persons on fellowships, part-time academic employees, board members, and consultants and other services specifically budgeted by each agency, or by the judicial branch, in this category.

1.  In distinguishing between payments to be made from salaries appropriations and other-personal-services appropriations, those persons filling established positions shall be paid from salaries appropriations and those persons performing services for a state agency or for the judicial branch, but who are not filling established positions, shall be paid from other-personal-services appropriations.

2.  It is further intended that those persons paid from salaries appropriations shall be state officers or employees and shall be eligible for membership in a state retirement system and those paid from other-personal-services appropriations shall not be eligible for such membership.

(aa)  "Part-time position" means a position authorized for less than the entire normally established work period, daily, weekly, monthly, or annually.

(bb)  "Pay plan" means a document which formally describes the philosophy, methods, procedures, and salary schedule for compensating employees for work performed.

(cc)  "Perquisites" means those things, or the use thereof, or services of a kind which confer on the officers or employees receiving same some benefit that is in the nature of additional compensation, or which reduces to some extent the normal personal expenses of the officer or employee receiving the same, and shall include, but not be limited to, such things as quarters, subsistence, utilities, laundry services, medical service, use of state-owned vehicles for other than state purposes, servants paid by the state, and other similar things.

(dd)  "Position" means the work, consisting of duties and responsibilities, assigned to be performed by an officer or employee.

(ee)  "Position number" means the identification number assigned to an established position.

(ff)  "Program component" means an aggregation of generally related objectives which, because of their special character, related workload, and interrelated output, can logically be considered an entity for purposes of organization, management, accounting, reporting, and budgeting.

(gg)  "Proviso" means language that qualifies or restricts a specific appropriation and which can be logically and directly related to the specific appropriation.

(hh)  "Reclassification" means changing an established position in one class in a series to the next higher or lower class in the same series or to a class in a different series which is the result of a natural change in the duties and responsibilities of the position.

(ii)  "Revolving fund" means a cash fund maintained within or outside of the State Treasury and established from an appropriation, to be used by an agency or the judicial branch in making authorized expenditures.

(jj)  "Salary" means the cash compensation for services rendered for a specific period of time.

(kk)  "Salary schedule" means an official document which contains a complete list of classes and their assigned salary ranges.

(ll)  "Special category" means amounts appropriated for a specific need or classification of expenditures.

(mm)  "State agency" or "agency" means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government. For purposes of this chapter and chapter 215, "state agency" or "agency" includes state attorneys, public defenders, the Capital Collateral Representative, and the Justice Administrative Commission.

(nn)  "State revenue sharing" means statutory or constitutional distributions to local units of government.

(oo)  "Title of position," or "class of positions" means the official name assigned to a position or class of positions.

(pp)  "Grants and Aids to Local Governments and Nonprofit Organizations-Fixed Capital Outlay" means that appropriation category which includes:

1.  Grants to local units of governments and nonprofit organizations for the acquisition of real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.); additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use; and operating capital outlay necessary to furnish and operate a new or improved facility; and

2.  Grants to local units of government for their respective infrastructure and growth management needs related to local government comprehensive plans.

Funds appropriated under this category may be advanced in part or in whole.

(qq)  "Baseline data" means indicators of a state agency's current performance level, pursuant to guidelines established by the Executive Office of the Governor, in consultation with legislative appropriations and appropriate substantive committees.

(rr)  "Outcome" means an indicator of the actual impact or public benefit of a program.

(ss)  "Output" means the actual service or product delivered by a state agency.

(tt)  "Performance-based program budget" means a budget that incorporates approved programs and performance measures.

(uu)  "Performance measure" means a quantitative or qualitative indicator used to assess state agency performance.

(vv)  "Program" means a set of activities undertaken in accordance with a plan of action organized to realize identifiable goals and objectives based on legislative authorization.

(ww)  "Standard" means the level of performance of an outcome or output.

(xx)  "Performance-based program appropriation" means funds appropriated for a specific set of activities or classification of expenditure within an approved performance-based program.

(yy)  "Performance ledger" means the official compilation of information about state agency performance-based programs and measures, including approved programs, approved outputs and outcomes, baseline data, approved standards for each performance measure and any approved adjustments thereto, as well as actual agency performance for each measure.

(2)  For purposes of this chapter, the term:

(a)  "Approved operating budget" or "approved budget" means the plan of operations consisting of the original approved operating budget and statement of intent.

(b)  "Commission" means the Administration Commission composed of the Governor and Cabinet.

(c)  "Emergency situation" means 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, or a set of conditions that were not considered in the General Appropriations Act and that constitute an imminent threat to public health, safety, or welfare. This definition shall not apply to the emergency provisions of chapter 252.

(d)  "Impoundment" means the omission of any appropriation or part of an appropriation in the approved operating plan prepared pursuant to the provisions of s. 216.181 or in the schedule of releases prepared pursuant to the provisions of s. 216.192 or the failure of any state agency or the judicial branch to spend an appropriation for the stated purposes authorized in the approved operating budget.

History.--s. 31, ch. 69-106; s. 6, ch. 71-354; s. 2, ch. 77-352; s. 16, ch. 79-190; s. 2, ch. 80-380; s. 1, ch. 81-256; s. 3, ch. 83-49; s. 16, ch. 83-216; s. 2, ch. 83-279; s. 33, ch. 85-80; s. 3, ch. 87-137; s. 58, ch. 87-548; s. 1, ch. 89-51; ss. 1, 7, ch. 89-291; s. 2, ch. 91-109; s. 31, ch. 92-142; s. 87, ch. 92-279; s. 55, ch. 92-326; s. 3, ch. 94-249; s. 1509, ch. 95-147; s. 3, ch. 96-278; s. 1, ch. 98-73; s. 9, ch. 99-155; s. 20, ch. 99-399.

¹Note.--Section 33, ch. 99-155, provides that "[t]he amendments made by this act to sections 216.011, 216.102, 216.183, 216.212, and 216.237, Florida Statutes, shall take effect notwithstanding the provisions of section 216.351, Florida Statutes."