Senate Bill sb1424
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Florida Senate - 2007 SB 1424
By Senator Carlton
23-1846-07
1 A bill to be entitled
2 An act relating to state financial matters;
3 amending s. 216.181, F.S.; prohibiting
4 initiating or commencing a new fixed capital
5 outlay project through an amendment to the
6 original approved operating budget for
7 operational and fixed capital outlay
8 expenditures; amending s. 216.192, F.S.;
9 providing for certain exceptions to provisions
10 of the original approved operating budget of
11 state agencies and the judicial branch to be
12 provided by law rather than in the General
13 Appropriations Act; providing an effective
14 date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Subsection (2) of section 216.181, Florida
19 Statutes, is amended to read:
20 216.181 Approved budgets for operations and fixed
21 capital outlay.--
22 (2) Amendments to the original approved operating
23 budgets for operational and fixed capital outlay expenditures
24 must comply with the following guidelines in order to be
25 approved by the Governor and the Legislative Budget Commission
26 for the executive branch and the Chief Justice and the
27 Legislative Budget Commission for the judicial branch:
28 (a) The amendment must be consistent with legislative
29 policy and intent.
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Florida Senate - 2007 SB 1424
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1 (b) The amendment may not initiate or commence a new
2 program or a fixed capital outlay project, except as
3 authorized by this chapter, or eliminate an existing program.
4 (c) Except as authorized in s. 216.292 or other
5 provisions of this chapter, the amendment may not provide
6 funding or increased funding for items which were funded by
7 the Legislature in an amount less than that requested by the
8 agency in the legislative budget request or recommended by the
9 Governor, or which were vetoed by the Governor.
10 (d) For amendments that involve trust funds, there
11 must be adequate and appropriate revenues available in the
12 trust fund and the amendment must be consistent with the laws
13 authorizing such trust funds and the laws relating to the use
14 of the trust funds. However, a trust fund shall not be
15 increased in excess of the original approved budget, except as
16 provided in subsection (11).
17 (e) The amendment shall not conflict with any
18 provision of law.
19 (f) The amendment must not provide funding for any
20 issue which was requested by the agency or branch in its
21 legislative budget request and not funded in the General
22 Appropriations Act.
23 (g) The amendment must include a written description
24 of the purpose of the proposed change, an indication of why
25 interim budget action is necessary, and the intended recipient
26 of any funds for contracted services.
27 (h) The amendment must not provide general salary
28 increases which the Legislature has not authorized in the
29 General Appropriations Act or other laws.
30 (i) Notwithstanding paragraph (f), the Agency for
31 Persons with Disabilities is authorized to submit an amendment
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Florida Senate - 2007 SB 1424
23-1846-07
1 to adjust its full-time equivalent positions, salary rate, and
2 related budget authority to provide sufficient infrastructure
3 and administrative support. This paragraph expires July 1,
4 2007.
5 Section 2. Subsection (1) of section 216.192, Florida
6 Statutes, is amended to read:
7 216.192 Release of appropriations; revision of
8 budgets.--
9 (1) Unless otherwise provided in law the General
10 Appropriations Act, on July 1 of each fiscal year, up to 25
11 percent of the original approved operating budget of each
12 agency and of the judicial branch may be released until such
13 time as annual plans for quarterly releases for all
14 appropriations have been developed, approved, and furnished to
15 the Chief Financial Officer by the Executive Office of the
16 Governor for state agencies and by the Chief Justice of the
17 Supreme Court for the judicial branch. The plans, including
18 appropriate plans of releases for fixed capital outlay
19 projects that correspond with each project schedule, shall
20 attempt to maximize the use of trust funds and shall be
21 transmitted to the Chief Financial Officer by August 1 of each
22 fiscal year. Such releases shall at no time exceed the total
23 appropriations available to a state agency or to the judicial
24 branch, or the approved budget for such agency or the judicial
25 branch if less. The Chief Financial Officer shall enter such
26 releases in his or her records in accordance with the release
27 plans prescribed by the Executive Office of the Governor and
28 the Chief Justice, unless otherwise amended as provided by
29 law. The Executive Office of the Governor and the Chief
30 Justice shall transmit a copy of the approved annual releases
31 to the head of the state agency, the chair and vice chair of
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Florida Senate - 2007 SB 1424
23-1846-07
1 the Legislative Budget Commission, and the Auditor General.
2 The Chief Financial Officer shall authorize all expenditures
3 to be made from the appropriations on the basis of such
4 releases and in accordance with the approved budget, and not
5 otherwise. Expenditures shall be authorized only in accordance
6 with legislative authorizations. Nothing herein precludes
7 periodic reexamination and revision by the Executive Office of
8 the Governor or by the Chief Justice of the annual plans for
9 release of appropriations and the notifications of the parties
10 of all such revisions.
11 Section 3. This act shall take effect July 1, 2007.
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14 SENATE SUMMARY
15 Prohibits initiating or commencing a new fixed capital
outlay project through an amendment to the original
16 approved operating budget for operational and fixed
capital outlay expenditures. Provides for certain
17 exceptions to the original approved operating budget of
state agencies and the judicial branch to be provided by
18 law rather than in the General Appropriations Act.
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