The Florida Senate

¹216.251  Salary appropriations; limitations.--

(1)  The annual rate of salary of any officer or employee filling the position specifically named in an item in the appropriations acts shall be as provided in one of the following paragraphs:

(a)  In the amount appropriated for such position;

(b)  The amount appropriated in an item for the named positions in that item, shall be divided by the indicated number of such positions, and the resulting quotient shall be the annual rate of salary of each such position; or

(c)  Within the amounts appropriated where such salary may be otherwise fixed pursuant to law.

(2)

(a)  The salary for each position not specifically indicated in the appropriations acts shall be as provided in one of the following subparagraphs:

1.  Within the classification and pay plans provided for in chapter 110.

2.  Within the classification and pay plans established by the Board of Trustees for the Florida School for the Deaf and the Blind of the Department of Education and approved by the State Board of Education for academic and academic administrative personnel.

3.  Within the classification and pay plan approved and administered by the Board of Regents for those positions in the State University System.

4.  Within the classification and pay plan approved by the Senate, the House of Representatives, the Joint Legislative Management Committee, or the Legislative Auditing Committee, as the case may be, for employees of the Legislature.

5.  Within the approved classification and pay plan for the judicial branch.

6.  The salary of all positions not specifically included in this subsection shall be set by the commission or by the Chief Justice for the judicial branch.

(b)  Salary payments shall be made only to employees filling established positions included in the agency's or in the judicial branch's approved budgets and amendments thereto as may be provided by law; provided, however:

1.  Reclassification of established positions may be accomplished when justified in accordance with the established procedures for reclassifying positions; or

2.  When the Division of Risk Management of the Department of Insurance has determined that an employee is entitled to receive a temporary partial disability benefit or a temporary total disability benefit pursuant to the provisions of s. 440.15 and there is medical certification that the employee cannot perform the duties of the employee's regular position, but the employee can perform some type of work beneficial to the agency, the agency may return the employee to the payroll, at his or her regular rate of pay, to perform such duties as the employee is capable of performing, even if there is not an established position in which the employee can be placed. Nothing in this subparagraph shall abrogate an employee's rights under chapter 440 or chapter 447, nor shall it adversely affect the retirement credit of a member of the Florida Retirement System in the membership class he or she was in at the time of, and during, the member's disability.

History.--ss. 15, 31, 35, ch. 69-106; s. 15, ch. 71-354; s. 3, ch. 80-404; ss. 2, 12, ch. 85-241; s. 1, ch. 85-336; s. 12, ch. 90-365; s. 67, ch. 92-142; s. 1172, ch. 95-147.

¹Note.--Section 112(1), ch. 96-175, provides that "[n]otwithstanding 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."