| 1 | A bill to be entitled |
| 2 | An act relating to approved budgets for operations and |
| 3 | fixed capital outlay; amending s. 216.181, F.S.; providing |
| 4 | that certain salary rate provisions do not apply to the |
| 5 | Executive Office of the Governor; providing an effective |
| 6 | date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Paragraph (d) of subsection (10) of section |
| 11 | 216.181, Florida Statutes, is amended to read: |
| 12 | 216.181 Approved budgets for operations and fixed capital |
| 13 | outlay.-- |
| 14 | (8) As part of the approved operating budget, the |
| 15 | Executive Office of the Governor shall furnish to each state |
| 16 | agency, and the Chief Justice of the Supreme Court shall furnish |
| 17 | to the entity of the judicial branch, an approved annual salary |
| 18 | rate for each budget entity containing a salary appropriation. |
| 19 | This rate shall be based upon the actual salary rate and shall |
| 20 | be consistent with the General Appropriations Act or special |
| 21 | appropriations acts. The annual salary rate shall be: |
| 22 | (a) Determined by the salary rate specified in the General |
| 23 | Appropriations Act and adjusted for reorganizations authorized |
| 24 | by law, for any other appropriations made by law, and, subject |
| 25 | to s. 216.177, for distributions of lump-sum appropriations and |
| 26 | administered funds and for actions that require authorization of |
| 27 | salary rate from salary rate reserve and placement of salary |
| 28 | rate in salary rate reserve. |
| 29 | (b) Controlled by department or agency; except for the |
| 30 | Department of Education, which shall be controlled by division |
| 31 | and for the judicial branch, which shall be controlled at the |
| 32 | branch level. |
| 33 | (c) Assigned to the number of authorized positions. |
| 34 | (9) No agency or the judicial branch may exceed its |
| 35 | maximum approved annual salary rate for the fiscal year. |
| 36 | However, at any time during the fiscal year, an agency or entity |
| 37 | of the judicial branch may exceed its approved rate for all |
| 38 | budget entities by no more than 5 percent, provided that, by |
| 39 | June 30 of every fiscal year, the agency or entity of the |
| 40 | judicial branch has reduced its salary rate so that the salary |
| 41 | rate for each department is within the approved rate limit for |
| 42 | that department. |
| 43 | (10)(a) The Legislative Budget Commission may authorize |
| 44 | increases or decreases in the approved salary rate, except as |
| 45 | authorized in paragraph (8)(a), for positions pursuant to the |
| 46 | request of the agency filed with the Executive Office of the |
| 47 | Governor or pursuant to the request of an entity of the judicial |
| 48 | branch filed with the Chief Justice of the Supreme Court, if |
| 49 | deemed necessary and in the best interest of the state and |
| 50 | consistent with legislative policy and intent. |
| 51 | (b) Lump-sum salary bonuses may be provided only if |
| 52 | specifically appropriated or provided pursuant to s. 110.1245 or |
| 53 | s. 216.1815. |
| 54 | (c) State agencies and the judicial branch shall report, |
| 55 | each fiscal quarter, the number of filled positions, the number |
| 56 | of vacant positions, and the salary rate associated with each |
| 57 | category to the Legislative Budget Commission in a form and |
| 58 | manner prescribed by the commission. |
| 59 | (d) The salary rate provisions of subsections (8) and (9) |
| 60 | and this subsection do not apply to the general office program |
| 61 | of the Executive Office of the Governor. |
| 62 | Section 2. This act shall take effect July 1, 2008. |