The Florida Senate

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

(1)  When an appropriations act is delivered to the Governor after the Legislature has adjourned sine die, 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)  The official list of General Revenue Fund appropriations determined in consultation with the Executive Office of the Governor to be nonrecurring; and

(b)  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. 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 or the Chief Justice of the Supreme Court is required by this chapter, such notice shall be given to the chair of the Legislative Budget Commission and chairs of the legislative appropriations committees in writing, and shall be delivered at least 14 days prior to the action referred to, unless a shorter period is approved in writing by the chair. If the action is solely for the release of funds appropriated by the Legislature, the notice shall be delivered at least 3 days before the effective date of the action. Action shall not be taken on any budget item for which this chapter requires notice to the Legislative Budget Commission and appropriations committees without such notice having been provided, even though there may be good cause for considering such item.

(b)  If the chair of the Legislative Budget Commission or the President of the Senate and the Speaker of the House of Representatives timely advise, in writing, the Executive Office of the Governor or the Chief Justice of the Supreme Court that an action or a proposed action, whether subject to the notice and review requirements of this chapter or not, exceeds the delegated authority of the Executive Office of the Governor for the executive branch or the Chief Justice for the judicial branch, respectively, or is contrary to legislative policy and intent, the Governor or the Chief Justice of the Supreme Court 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 Legislative Budget Commission 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.

¹(4)  Notwithstanding the 14-day notice requirements of this section, and for the 2000-2001 fiscal year only, the Department of Children and Family Services is required to provide notice of proposed transfers submitted pursuant to s. 20.19(10)(c)8. to the Executive Office of the Governor and the chairs of the legislative appropriations committees at least 3 working days prior to their implementation.

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; s. 24, ch. 2000-171; s. 20, ch. 2000-371.

¹Note.--Section 24, ch. 2000-171, added subsection (4) "[i]n order to implement Specific Appropriations 264-435 of the 2000-2001 General Appropriations Act."

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