The Florida Senate

216.177  Appropriations acts, statement of intent, violation, notice, review and objection procedures.--

(1)  As soon as practicable, but no later than the 10th day before the end of the period allowed by law for veto consideration in any year in which an appropriation is made, the chairs of the legislative appropriations committees shall jointly transmit:

(a)  A statement of intent, including performance and workload measures as appropriate;

(b)  The official list of General Revenue Fund appropriations determined in consultation with the Executive Office of the Governor to be nonrecurring; and

(c)  The documents set forth in s. 216.0442(2)(a) and (c),

to the Executive Office of the Governor, the Comptroller, the Auditor General, the Chief Justice of the Supreme Court, and each state agency. The statement of intent constitutes a manifestation of how the Legislature, in its considered opinion as a representative of the people, thinks appropriations should be spent. The statement of intent is not a law and may not allocate or appropriate any funds, or amend or correct any provision, in the General Appropriations Act, but the statement of intent may provide additional explanation to the Executive Office of the Governor, the judicial branch, the Administration Commission, and each affected state agency relative to the purpose, objectives, spending philosophy, and restrictions associated with any specific appropriation. The statement of intent shall compare the request of the agency or of the judicial branch or the recommendation of the Governor to the funds appropriated for the purpose of establishing intent in the development of the approved operating budget. A request for additional explanation and direction regarding the legislative intent of the General Appropriations Act during the fiscal year may be made only by and through the Executive Office of the Governor for state agencies, and by and through the Chief Justice of the Supreme Court for the judicial branch, as is deemed necessary. However, the Comptroller may also request further clarification of legislative intent pursuant to the Comptroller's responsibilities related to his or her preaudit function of expenditures.

(2)(a)  Whenever notice of action to be taken by the Executive Office of the Governor, the Chief Justice of the Supreme Court, or the commission is required by this chapter, such notice shall be given to the chairs of the legislative appropriations committees in writing, and shall be delivered to both such chairs at least 14 consecutive days prior to the action referred to, unless a shorter period is approved in writing by both such chairs. Action shall not be taken on any budget item for which this chapter requires notice to the legislative appropriations committees without such notice having been provided, even though there may be good cause for considering such item.

(b)  If the chairs of the legislative appropriations committees or the President of the Senate and the Speaker of the House of Representatives timely advise, in writing, the Executive Office of the Governor, the Chief Justice of the Supreme Court, or the Administration Commission that an action or a proposed action subject to the notice and review requirements of this chapter exceeds the delegated authority of the Executive Office of the Governor for the executive branch, the Chief Justice for the judicial branch, or the Administration Commission, respectively, or is contrary to legislative policy and intent, the Governor, the Chief Justice of the Supreme Court, or the Administration Commission shall void such action and instruct the affected state agency or entity of the judicial branch to change immediately its spending action or spending proposal until the Legislature addresses the issue. The written documentation shall indicate the specific reasons that an action or proposed action exceeds the delegated authority or is contrary to legislative policy and intent.

(c)  The House of Representatives and the Senate shall provide by rule that any member of the House of Representatives or Senate may request, in writing, of either the President of the Senate or the Speaker of the House of Representatives or the chair of the respective legislative appropriations committee to initiate the procedures of paragraph (b).

(3)  The Legislature may annually specify any incentives and disincentives for agencies operating programs under performance-based program budgets pursuant to this chapter in the General Appropriations Act or legislation implementing the General Appropriations Act.

History.--s. 31, ch. 69-106; s. 8, ch. 69-82; s. 12, ch. 71-354; s. 11, ch. 77-352; s. 14, ch. 79-190; s. 8, ch. 81-169; s. 14, ch. 83-49; s. 63, ch. 87-548; s. 8, ch. 89-51; s. 17, ch. 91-109; s. 57, ch. 92-142; s. 12, ch. 94-249; s. 1514, ch. 95-147.

Note.--Former s. 216.181(1) and (2).