216.181 Approved budgets for operations and fixed capital outlay.—
(1) The General Appropriations Act and any other acts containing appropriations shall be considered the original approved operating budgets for operational and fixed capital expenditures. Amendments to the approved operating budgets for operational and fixed capital outlay expenditures from state agencies may be requested only through the Executive Office of the Governor and approved by the Governor and the Legislative Budget Commission as provided in this chapter. Amendments from the judicial branch may be requested only through the Chief Justice of the Supreme Court and must be approved by the Chief Justice and the Legislative Budget Commission as provided in this chapter. This includes amendments which are necessary to implement the provisions of s. 216.212 or s. 216.221.
(2) Amendments to the original approved operating budgets for operational and fixed capital outlay expenditures must comply with the following guidelines in order to be approved by the Governor and the Legislative Budget Commission for the executive branch and the Chief Justice and the Legislative Budget Commission for the judicial branch:
(a) The amendment must be consistent with legislative policy and intent.
(b) The amendment may not initiate or commence a new program or a fixed capital outlay project, except as authorized by this chapter, or eliminate an existing program.
(c) Except as authorized in s. 216.292 or other provisions of this chapter, the amendment may not provide funding or increased funding for items which were funded by the Legislature in an amount less than that requested by the agency in the legislative budget request or recommended by the Governor, or which were vetoed by the Governor.
(d) For amendments that involve trust funds, there must be adequate and appropriate revenues available in the trust fund and the amendment must be consistent with the laws authorizing such trust funds and the laws relating to the use of the trust funds. However, a trust fund shall not be increased in excess of the original approved budget, except as provided in subsection (11).
(e) The amendment shall not conflict with any provision of law.
(f) The amendment must not provide funding for any issue which was requested by the agency or branch in its legislative budget request and not funded in the General Appropriations Act.
(g) The amendment must include a written description of the purpose of the proposed change, an indication of why interim budget action is necessary, and the intended recipient of any funds for contracted services.
(h) The amendment must not provide general salary increases which the Legislature has not authorized in the General Appropriations Act or other laws.
(3) All amendments to original approved operating budgets, regardless of funding source, are subject to the notice and objection procedures set forth in s. 216.177.
(4) To the extent possible, individual members of the Senate and the House of Representatives should be advised of budget amendments requested by the executive branch and judicial branch.
(5) An amendment to the original operating budget for an information technology project or initiative that involves more than one agency, has an outcome that impacts another agency, or exceeds $500,000 in total cost over a 1-year period, except for those projects that are a continuation of hardware or software maintenance or software licensing agreements, or that are for desktop replacement that is similar to the technology currently in use must be approved by the Executive Office of the Governor for the executive branch or by the Chief Justice for the judicial branch, and shall be subject to approval by the Legislative Budget Commission as well as the notice and objection procedures set forth in s. 216.177.
(6)(a) A detailed plan allocating a lump-sum appropriation to traditional appropriations categories shall be submitted by the affected agency to the Executive Office of the Governor or the Chief Justice of the Supreme Court. The Executive Office of the Governor and the Chief Justice of the Supreme Court shall submit such plan to the chair and vice chair of the Legislative Budget Commission either before or concurrent with the submission of any budget amendment that recommends the transfer and release of the balance of a lump-sum appropriation.
(b) The Executive Office of the Governor and the Chief Justice of the Supreme Court may amend, without approval of the Legislative Budget Commission, state agency and judicial branch entity budgets, respectively, to reflect the transferred funds and to provide the associated increased salary rate based on the approved plans for lump-sum appropriations. Any action proposed pursuant to this paragraph is subject to the procedures set forth in s. 216.177.
The Executive Office of the Governor shall transmit to each state agency and the Chief Financial Officer, and the Chief Justice shall transmit to each judicial branch component and the Chief Financial Officer, any approved amendments to the approved operating budgets.
(7) The Executive Office of the Governor may, for the purpose of improved contract administration, authorize the consolidation of two or more fixed capital outlay appropriations for an agency, and the Chief Justice of the Supreme Court for the judicial branch, except for projects authorized under chapter 1013, provided the original scope and purpose of each project are not changed.
(8) As part of the approved operating budget, the Executive Office of the Governor shall furnish to each state agency, and the Chief Justice of the Supreme Court shall furnish to the entity of the judicial branch, an approved annual salary rate for each budget entity containing a salary appropriation. This rate shall be based upon the actual salary rate and shall be consistent with the General Appropriations Act or special appropriations acts. The annual salary rate shall be:
(a) Determined by the salary rate specified in the General Appropriations Act and adjusted for reorganizations authorized by law, for any other appropriations made by law, and, subject to s. 216.177, for distributions of lump-sum appropriations and administered funds and for actions that require authorization of salary rate from salary rate reserve and placement of salary rate in salary rate reserve.
(b) Controlled by department or agency; except for the Department of Education, which shall be controlled by division and for the judicial branch, which shall be controlled at the branch level.
(c) Assigned to the number of authorized positions.
(9) No agency or the judicial branch may exceed its maximum approved annual salary rate for the fiscal year. However, at any time during the fiscal year, an agency or entity of the judicial branch may exceed its approved rate for all budget entities by no more than 5 percent, provided that, by June 30 of every fiscal year, the agency or entity of the judicial branch has reduced its salary rate so that the salary rate for each department is within the approved rate limit for that department.
(10)(a) The Legislative Budget Commission may authorize increases or decreases in the approved salary rate, except as authorized in paragraph (8)(a), for positions pursuant to the request of the agency filed with the Executive Office of the Governor or pursuant to the request of an entity of the judicial branch filed with the Chief Justice of the Supreme Court, if deemed necessary and in the best interest of the state and consistent with legislative policy and intent.
(b) Lump-sum salary bonuses may be provided only if specifically appropriated or provided pursuant to s. 110.1245 or s. 216.1815.
(c) The salary rate provisions of subsections (8) and (9) and this subsection do not apply to the general office program of the Executive Office of the Governor.
(11)(a) The Executive Office of the Governor and the Chief Justice of the Supreme Court may approve changes in the amounts appropriated from state trust funds in excess of those in the approved operating budget up to $1 million only pursuant to the federal funds provisions of s. 216.212, when grants and donations are received after April 1, or when deemed necessary due to a set of conditions that were unforeseen at the time the General Appropriations Act was adopted and that are essential to correct in order to continue the operation of government.
(b) Changes in the amounts appropriated from state trust funds in excess of those in the approved operating budget which are in excess of $1 million may be approved only by the Legislative Budget Commission pursuant to the request of a state agency filed with the Executive Office of the Governor or pursuant to the request of an entity of the judicial branch filed with the Chief Justice of the Supreme Court.
(c) Notwithstanding the provisions of paragraphs (a) and (b) to the contrary, the Executive Office of the Governor may approve changes in the amounts appropriated to the Department of Military Affairs for fixed capital outlay projects when the department has received federal funds for specific fixed capital outlay projects that do not carry a continuing commitment for future appropriations by the Legislature.
1(d) Notwithstanding paragraph (b) and paragraph (2)(b), and for the 2025-2026 fiscal year only, the Legislative Budget Commission may approve budget amendments for new fixed capital outlay projects or increase the amounts appropriated to state agencies for fixed capital outlay projects. This paragraph expires July 1, 2026.
The provisions of this subsection are subject to the notice and objection procedures set forth in s. 216.177.
(12) There is appropriated nonoperating budget for refunds, payments to the United States Treasury, and payments of the service charge to the General Revenue Fund. Such authorized budget, together with related releases, shall be transmitted by the state agency or by the judicial branch to the Chief Financial Officer for entry in his or her records in the manner and format prescribed by the Executive Office of the Governor in consultation with the Chief Financial Officer. A copy of such authorized budgets shall be furnished to the Executive Office of the Governor or the Chief Justice, the chairs of the legislative committees responsible for developing the general appropriations acts, and the Auditor General. Notwithstanding the duty specified for each state agency in s. 17.61(3), the Governor may withhold approval of nonoperating investment authority for certain trust funds when deemed in the best interest of the state. The Governor for the executive branch, and the Chief Justice for the judicial branch, may establish nonoperating budgets, with the approval of the chairs of the Senate and the House of Representatives appropriations committees, for transfers, purchase of investments, special expenses, distributions, transfers of funds specifically required by law, and any other nonoperating budget categories they deem necessary and in the best interest of the state and consistent with legislative intent and policy. For purposes of this section, the term “nonoperating budgets” means nonoperating disbursement authority for purchase of investments, refunds, payments to the United States Treasury, transfers of funds specifically required by law, distributions of assets held by the state in a trustee capacity as an agent of fiduciary, special expenses, and other nonoperating budget categories, as determined necessary by the Executive Office of the Governor and the chairs of the Senate and the House of Representatives appropriations committees, not otherwise appropriated in the General Appropriations Act. The establishment of nonoperating budget authority shall be deemed approved by a chair of a legislative committee if written notice of the objection is not provided to the Governor or Chief Justice, as appropriate, within 14 days of the chair receiving notice of the action pursuant to the provisions of s. 216.177.
(13) Each state agency and the judicial branch shall develop the internal management procedures and budgets necessary to assure compliance with the approved operating budget.
(14) The Executive Office of the Governor and the Chief Justice of the Supreme Court shall certify the amounts approved for operations and fixed capital outlay, together with any relevant supplementary materials or information, to the Chief Financial Officer; and such certification shall be the Chief Financial Officer’s guide with reference to the expenditures of each state agency pursuant to s. 216.192.
(15) The provisions of this section do not apply to the budgets for the legislative branch.
(16)(a) Funds provided in any specific appropriation in the General Appropriations Act may be advanced if the General Appropriations Act specifically so provides.
(b) Any agency, or the judicial branch, that has been authorized by the General Appropriations Act or expressly authorized by other law to make advances for program startup or advances for contracted services, in total or periodically, shall limit such disbursements to other governmental entities and not-for-profit corporations. The amount that may be advanced shall not exceed the expected cash needs of the contractor or recipient within the initial 3 months. Thereafter, disbursements shall only be made on a reimbursement basis. Any agreement that provides for advancements may contain a clause that permits the contractor or recipient to temporarily invest the proceeds, provided that any interest income shall either be returned to the agency or be applied against the agency’s obligation to pay the contract amount. This paragraph does not constitute lawful authority to make any advance payment not otherwise authorized by laws relating to a particular agency or general laws relating to the expenditure or disbursement of public funds. The Chief Financial Officer may, after consultation with the legislative appropriations committees, advance funds beyond a 3-month requirement if it is determined to be consistent with the intent of the approved operating budget.
(17) Except as otherwise specifically provided in this chapter or chapter 339, a change to the approved operating budget may not initiate or commence a fixed capital outlay project.
1Note.—Section 114, ch. 2025-199, amended paragraph (11)(d) “[i]n order to implement the appropriations and reappropriations authorized in the 2025-2026 General Appropriations Act.”
Cited 23 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 132
...NOTES [*] The trial court was apparently attempting to ensure that the number of incumbents was limited to the number of positions authorized by the appropriations act. This concern was unnecessary and intrusive because a governor has the discretionary authority, subject to conditions, under section 216.181(8), Florida Statutes (1983), to increase the amounts appropriated from state trust funds if deemed necessary and in the best interest of the state.
Cited 7 times | Published | Florida 1st District Court of Appeal | 100 L.R.R.M. (BNA) 2543
...by each state agency and as recommended by him." (Section 216.162(2)(d), Florida Statutes 1975) Section 216.172, Florida Statutes 1975, details the consideration of agency budget requests by the appropriations committees of the House and Senate, and Section 216.181(1), requires that: "On or before July 1, the chairmen of the legislative appropriations committees shall jointly furnish information to the department [of Administration] and the Auditor General relative to legislative amendments, if...
...That item, (Item 14 of the Appropriations Act) is expressly denominated for "CBU [collective bargaining unit] Pay Increases for Implementation of Contracts Pay Adjustment and Merit Increases Board of Regents Unit". The accompanying letter of intent, which is required by Section 216.181(1), Florida Statutes 1975, limits the source of unit salary increases to Items 14, 394 (base salary), 405 (EIES) [6] and 413 (USF Medical Center) [7] and proscribes total increases exceeding "7.1% of the June 30, 1977, rate for all continuing unit employees"....
...therwise clear: That less than the requested amount was appropriated. The petitioner attempts to avoid that conclusion by asserting that the letter of intent is not binding upon the respondent. That proposition is contradicted by the very terms of F.S. 216.181(1), which mandates its joint preparation by the chairmen of the House and Senate appropriations committees....
...eview is hampered by the failure of the parties to consistently phrase and then in turn argue identifiable points of law. Please see American Baseball Cap, Inc. v. Duzinski, 308 So.2d 639 (Fla. 1st DCA 1975). [2] Chapter 77-465, Laws of Florida. [3] Section 216.181(4), Florida Statutes 1975 requires that "Each state agency shall develop the internal management procedures and budgets necessary to assure compliance with the approved budget." And Section 216.192(1), Florida Statutes 1975 specifies...
...on, the 1977 Appropriations Act is without consequence for those funds. [6] Engineering faculty and University of South Florida Medical Center personnel paid from these two line items are included in the petitioner's bargaining unit. [7] Ibid. [8] F.S. 216.181(1).
Cited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 14888
...age of legislation before it is actually enacted into law. Petitioner asserts that the preferred mechanism for remedying administrative budget emergencies is provided by Chapter 89-51, section 9, Laws of Florida, effective July 1, 1989, [2] amending section 216.181(9), Fla. Stat. (1988 Supp.) (now section 216.181(7), Fla....
...The Florida Constitution directs the Legislature to “prescribe by general law conditions under which limited adjustments to the budget, as recommended by the governor or the chief justice of the supreme court, may be approved without the concurrence of the full legislature.” Art. Ill, § 19(c)(3), Fla. Const. Section 216.181(2), Florida Statutes (2012), specifies those conditions in comprehensive detail....
...Before submitting a request to the LBC from within their respective branches of government, the Governor or the Chief Justice must ensure that these conditions are met, and the LBC must undertake the same considerations before giving final approval. § 216.181(2). Contrary to the determinations of the Governor and the LBC in this case, the circuit court ruled that the amendment at issue failed to comply with the condition specified in section 216.181(2)(a), which requires “consisten[cy] with legislative policy and intent,” and that it was otherwise invalid as more than a limited adjustment....
...The LBC simply moved funds from different line items within the Department’s “Health Services” program, providing additional funds for contracts that the Department otherwise had the authority to enter. Because the amendment complied with the statutory limitations of section 216.181, we have no basis to question the LBC’s determination that the amendment requested by the Department and recommended by the Governor was consistent with legislative intent and limited enough to fall within the LBC’s constitutional authority....
...of Representatives. § 11.90, Fla. Stat. (2012); see also Art. Ill, § 19(j), Fla. Const. The LBC is not permitted to consider an amendment unless either the Governor or the Chief Justice of the Florida Supreme Court first approves the request. See § 216.181(1), Fla....
Cited 2 times | Published | Supreme Court of Florida | 1989 WL 27663
...legislature. If they were not part of the general appropriations bill, the veto cannot reach them because the constitution permits the governor to veto only specific appropriations in a general appropriations bill. The statement of intent comes from section 216.181(1), Florida Statutes (Supp....
...The statement of intent shall compare the request of the agency or the recommendation of the Governor to the funds appropriated for the purpose of establishing intent in the development of the approved operating budget. Martinez argues that, regardless of what section 216.181(1) says, the statement of intent and working papers are, in reality, integral parts of the general appropriations act....
...ement of intent and the working papers are not part of the appropriations bill. We agree with the legislature. The statement of intent "may not allocate or appropriate any funds, or amend or correct any provision, in the General Appropriations Act." § 216.181(1)....
...Mills, Tom Gustafson, Samuel P. Bell, III, John W. Vogt, and Robert (Bob) Crawford. [2] The text of the transmittal letter, signed by Samuel P. Bell, III, and James A. Scott, the respective appropriations committees' chairmen, reads as follows: Pursuant to the provisions of Section 216.181(1), Florida Statutes, we are jointly transmitting herewith the General Appropriations Act, Summary Statement of Intent, and detailed legislative intent in the form of computerized workpapers (D-3A's) for each department....
...mmended budget to the legislature. § 216.162. After the legislature enacts the general appropriations bill, that bill, along with the statement of intent and working papers, is transmitted back to the governor and state agencies for implementation. § 216.181(1). The general appropriations act and supporting documents are the agencies' original approved operating budgets. § 216.181(3). Changes in appropriations may be approved by the executive office or by the administration commission. E.g., §§ 216.181(2), (8), (9), 216.292....
...em 382 in each fiscal year of the biennium is for the purpose of the teaching hospital program.'" Brown v. Firestone, 382 So.2d 654, 658 (Fla. 1980). Governor Graham vetoed the proviso. [4] As originally reenacted by ch. 69-106, § 31, Laws of Fla., section 216.181(1) provided that "the chairmen of the legislative appropriations committees jointly shall furnish information to the director of planning and budgeting and the legislative auditor relative to legislative amendments, if any, to the legislative budgets submitted pursuant to" state law. § 12, ch. 71-354, Laws of Fla., amended the section to change the furnishing of information to the department of administration and the auditor general. Six years later the legislature amended § 216.181(1) so that the appropriations chairs would "transmit" information to the department and auditor "relative to differences, if any, between the general appropriations act and" the agency budget requests. Ch. 77-352, § 11, Laws of Fla. In 1979 the legislature created the Executive Office of the Governor, transferred the department of administration's planning functions to that office, and amended § 216.181(1) to provide for transmittal of a "statement of intent," which "shall act as additional directions to the office and each affected state agency relative to the purpose, objectives and spending philosophy of the appropriations act." Ch. 79-190, §§ 1, 10, 14, Laws of Fla. Ch. 83-49, § 14, Laws of Fla., amended § 216.181(1), in part, as follows: The statement of intent shall not amend or correct any provision in the General Appropriations Act, but may provide additional direction and explanation to the Executive Office of the Governor, the Administration C...
...The statement of intent shall compare the agency's request or the governor's recommendations to the funds appropriated for the purpose of establishing intent in the development of the approved operating budget. Ch. 87-548, § 63, Laws of Fla., amended § 216.181(1) to provide that the statement of intent additionally may not "allocate or appropriate any funds." [5] Martinez relies on United Faculty of Florida v....
...tions Act, but the statement of intent may provide additional direction and explanation to ... each affected state agency relative to the purpose, objectives, spending philosophy, and restrictions associated with any specific appropriation category. Section 216.181 was amended as follows: (1)(3) The General Appropriations Act and supporting-statement of intent and any other acts containing appropriations shall be considered the original approved operating budgets for operational and fixed capital expenditures....
...The credit requirement is a legal obligation of the state acting through the
Department under section 985.686. The burden is therefore on the Department, not
the counties, to secure the means to comply with the Department’s legal
obligations. See § 216.181, Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
