Florida Statutes
Chapter 216 - Planning and Budgeting
216.163 - Governor’s Recommended Budget; Form and Content; Declaration of Collective Bargaining Impasses.


(1) The Governor’s recommended budget shall be referenced to the legislative budget requests prescribed in ss. 216.023 and 216.043 and shall be consistent with the format of the current fiscal year General Appropriations Act.
(2) The Governor’s recommended budget shall also include:
(a) The Governor’s recommendations for operating each state agency, and those of the Chief Justice of the Supreme Court for operating the judicial branch, for the next fiscal year. These recommendations shall be displayed by appropriation category within each budget entity and shall also include the legislative budget request of the corresponding agency. In order to present a balanced budget as required by s. 216.162, the Governor’s recommendations for operating appropriations may include an alternative recommendation to that of the Chief Justice.

(b)1. The Governor’s recommendations and those of the Chief Justice for fixed capital outlay appropriations for the next fiscal year. These recommendations shall be displayed by budget entity and shall also include the legislative budget request of the corresponding agency. In order to present a balanced budget as required by s. 216.162, the Governor’s recommendations for fixed capital outlay appropriations may include an alternative recommendation to that of the Chief Justice.
2. For each specific fixed capital outlay project or group of projects or operating capital outlay requests recommended to be funded from a proposed state debt or obligation, he or she shall make available pursuant to s. 216.164(1)(a) the documents set forth in s. 216.0442(2).

(c) The evaluation of the fixed capital outlay request of each agency and the judicial branch and alternatives to the proposed projects as made by the Department of Management Services pursuant to s. 216.044.
(d) A summary statement of the amount of appropriations requested by each state agency and as recommended by the Governor and by the judicial branch.
(e) A distinct listing of all nonrecurring appropriations recommended by the Governor or the Chief Justice.
(f) Any additional information which the Governor or Chief Justice feels is needed to justify his or her recommendations.

(3) The Governor shall provide to the Legislature a performance-based program budget. Information submitted to the Legislature shall be provided in a fashion that will allow comparison of the requested information with the agency request and legislative appropriation by the automated legislative appropriation planning and budgeting system.
(4) The Executive Office of the Governor shall review the findings of the Office of Program Policy Analysis and Government Accountability, to the extent they are available, request any reports or additional analyses as necessary, and submit a recommendation for executive agencies, which may include a recommendation regarding incentives or disincentives for agency performance. Incentives or disincentives may apply to all or part of a state agency. The Chief Justice shall review the findings of the Office of Program Policy Analysis and Government Accountability regarding judicial branch performance and make appropriate recommendations for the judicial branch.
(a) Incentives may include, but are not limited to:
1. Additional flexibility in budget management, such as, but not limited to, the use of lump sums or special categories; consolidation of budget entities or program components; consolidation of appropriation categories; and increased agency transfer authority between appropriation categories or budget entities.
2. Additional flexibility in salary rate and position management.
3. Retention of up to 50 percent of all unencumbered balances of appropriations as of June 30, or undisbursed balances as of December 31, excluding special categories and grants and aids, which may be used for nonrecurring purposes including, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements.
4. Additional funds to be used for, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements.
5. Additional funds provided pursuant to law to be released to an agency quarterly or incrementally contingent upon the accomplishment of units of output or outcome specified in the General Appropriations Act.

(b) Disincentives may include, but are not limited to:
1. Mandatory quarterly reports to the Executive Office of the Governor and the Legislature on the agency’s progress in meeting performance standards.
2. Mandatory quarterly appearances before the Legislature, the Governor, or the Governor and Cabinet to report on the agency’s progress in meeting performance standards.
3. Elimination or restructuring of the program, which may include, but not be limited to, transfer of the program or outsourcing all or a portion of the program.
4. Reduction of total positions for a program.
5. Restriction on or reduction of the spending authority provided in s. 216.292(2)(b).
6. Reduction of managerial salaries.


(5) At the same time that the Governor furnishes each senator and representative with a copy of his or her recommended balanced budget under s. 216.162(1), the Executive Office of the Governor shall electronically transmit to the legislative appropriations committees the Governor’s recommended budget, the Exhibit B, Major Issues, and D-3a’s.
(6) At the time the Governor is required to furnish copies of his or her recommended budget to each senator and representative under s. 216.162(1), the Governor shall declare an impasse in all collective bargaining negotiations for which he or she is deemed to be the public employer and for which a collective bargaining agreement has not been executed.
History.—s. 12, ch. 80-45; s. 10, ch. 83-49; s. 6, ch. 89-51; s. 3, ch. 89-301; s. 13, ch. 91-109; s. 54, ch. 92-142; s. 159, ch. 92-279; s. 55, ch. 92-326; s. 11, ch. 94-249; s. 8, ch. 94-340; s. 1513, ch. 95-147; s. 6, ch. 98-73; s. 19, ch. 2000-371; s. 45, ch. 2001-43; s. 28, ch. 2001-261; s. 25, ch. 2005-152; s. 7, ch. 2011-34.

Structure Florida Statutes

Florida Statutes

Title XIV - Taxation and Finance

Chapter 216 - Planning and Budgeting

216.011 - Definitions.

216.0111 - State Agency Contracts; Required Information to Be Provided to Department of Financial Services.

216.0113 - Preferred Pricing Clauses in State Contracts; Compliance Required.

216.012 - Long-Range Financial Outlook.

216.013 - Long-Range Program Plan.

216.015 - Capital Facilities Planning and Budgeting Process.

216.0152 - Inventory of State-Owned Facilities or State-Occupied Facilities.

216.0153 - Comprehensive State-Owned Real Property System.

216.0158 - Assessment of Facility Needs.

216.016 - Evaluation of Plans; Determination of Financing Method.

216.023 - Legislative Budget Requests to Be Furnished to Legislature by Agencies.

216.0236 - Agency Fees for Regulatory Services or Oversight; Criteria.

216.031 - Target Budget Request.

216.043 - Budgets for Fixed Capital Outlay.

216.044 - Budget Evaluation by Department of Management Services.

216.0442 - Truth in Bonding; Definitions; Summary of State Debt; Statement of Proposed Financing; Truth-in-Bonding Statement.

216.052 - Community Budget Requests; Appropriations.

216.053 - Summary Information in the General Appropriations Act; Construction of Such Information.

216.065 - Fiscal Impact Statements on Actions Affecting the Budget.

216.071 - Reports of Legislature.

216.081 - Data on Legislative and Judicial Branch Expenses.

216.102 - Filing of Financial Information; Handling by Chief Financial Officer; Penalty for Noncompliance.

216.103 - Agencies Receiving Federal Funds; Designation of Coordinating Official; Duties.

216.121 - Information to Be Furnished to the Executive Office of the Governor.

216.131 - Public Hearings on Legislative Budgets.

216.133 - Definitions; Ss. 216.133-216.138.

216.134 - Consensus Estimating Conferences; General Provisions.

216.135 - Use of Official Information by State Agencies and the Judicial Branch.

216.136 - Consensus Estimating Conferences; Duties and Principals.

216.1366 - Contract Terms.

216.137 - Sessions of Consensus Estimating Conferences; Workpapers.

216.138 - Authority to Request Additional Analysis of Legislative Proposals.

216.141 - Budget System Procedures; Planning and Programming by State Agencies.

216.151 - Duties of the Executive Office of the Governor.

216.162 - Governor’s Recommended Budget to Be Furnished Legislature; Copies to Members.

216.163 - Governor’s Recommended Budget; Form and Content; Declaration of Collective Bargaining Impasses.

216.164 - Governor’s Recommended Budget; Supporting Information.

216.165 - Governor’s Recommended Revenues.

216.166 - Governor’s Recommended Revenues; Supporting Information.

216.167 - Governor’s Recommendations.

216.168 - Governor’s Amended Revenue or Budget Recommendations; Optional and Mandatory.

216.172 - Meetings of Legislative Appropriations Committees.

216.176 - Truth in Budgeting.

216.177 - Appropriations Acts, Statement of Intent, Violation, Notice, Review and Objection Procedures.

216.178 - General Appropriations Act; Format; Procedure.

216.179 - Reinstatement of Vetoed Appropriations by Administrative Means Prohibited.

216.181 - Approved Budgets for Operations and Fixed Capital Outlay.

216.1811 - Approved Operating Budgets and Appropriations for the Legislative Branch.

216.1815 - Agency Incentive and Savings Program.

216.182 - Approval of Fixed Capital Outlay Program Plan.

216.1826 - Activity-Based Planning and Budgeting.

216.1827 - Requirements for Performance Measures and Standards.

216.192 - Release of Appropriations; Revision of Budgets.

216.195 - Impoundment of Funds; Restricted.

216.201 - Services of Executive Office of the Governor to Be Available to Legislature.

216.212 - Budgets for Federal Funds; Restrictions on Expenditure of Federal Funds.

216.216 - Court Settlement Funds Negotiated by the State.

216.221 - Appropriations as Maximum Appropriations; Adjustment of Budgets to Avoid or Eliminate Deficits.

216.222 - Budget Stabilization Fund; Criteria for Withdrawing Moneys.

216.231 - Release of Certain Classified Appropriations.

216.241 - Initiation or Commencement of New Programs; Approval; Expenditure of Certain Revenues.

216.251 - Salary Appropriations; Limitations.

216.262 - Authorized Positions.

216.271 - Revolving Funds.

216.272 - Working Capital Trust Funds.

216.273 - Administered Funds Trust Fund.

216.275 - Clearing Accounts.

216.292 - Appropriations Nontransferable; Exceptions.

216.301 - Appropriations; Undisbursed Balances.

216.311 - Unauthorized Contracts in Excess of Appropriations; Penalty.

216.313 - Contract Appropriation; Requirements.

216.321 - Construction of Chapter 216 as Unauthorized Expenditures and Disbursements.

216.345 - Professional or Other Organization Membership Dues; Payment.

216.347 - Disbursement of Grants and AIDS Appropriations for Lobbying Prohibited.

216.3475 - Maximum Rate of Payment for Services Funded Under General Appropriations Act or Awarded on a Noncompetitive Basis.

216.348 - Fixed Capital Outlay Grants and AIDS Appropriations to Certain Nonprofit Entities.

216.351 - Subsequent Inconsistent Laws.