(1) Moneys in the Budget Stabilization Fund may be transferred to the General Revenue Fund for:
(a)1. Offsetting a deficit in the General Revenue Fund. A deficit is deemed to occur when the official estimate of funds available in the General Revenue Fund for a fiscal year falls below the total amount appropriated from the General Revenue Fund for that fiscal year. Such a transfer must be made pursuant to s. 216.221, or pursuant to an appropriation by law.
2. Notwithstanding the requirements of s. 216.221, if, after consultation with the Revenue Estimating Conference, the Chief Financial Officer believes that a deficit will occur in the General Revenue Fund and if:
a. Fewer than 30 but more than 4 days are left in the fiscal year, the Legislature is not in session, and neither the Legislature nor the Legislative Budget Commission is scheduled to meet before the end of the fiscal year, or
b. Fewer than 5 days are left in the fiscal year and the Governor and the Chief Justice, the Legislature, or the Legislative Budget Commission have not implemented measures to resolve the deficit,
the Chief Financial Officer shall certify the deficit to the Governor, the Chief Justice, the President of the Senate, and the Speaker of the House of Representatives, and may thereafter withdraw funds from the Budget Stabilization Fund to offset the projected deficit in the General Revenue Fund. The Chief Financial Officer shall consult with the Governor and the chair and vice chair of the Legislative Budget Commission before any funds may be withdrawn from the Budget Stabilization Fund. At the beginning of the next fiscal year, the Chief Financial Officer shall promptly determine the General Revenue Fund balance to be carried forward. The Chief Financial Officer shall immediately repay the Budget Stabilization Fund for the withdrawn amount, up to the amount of the balance. If the General Revenue Fund balance carried forward is not sufficient to fully repay the Budget Stabilization Fund, the repayment of the remainder of the withdrawn funds shall be as provided in s. 215.32(2)(c)3.
(b) Providing funding for an emergency as defined in s. 252.34. The emergency must have been declared by the Governor pursuant to s. 252.36 or declared by law. Such a transfer must be made pursuant to s. 252.37, subject to the conditions in that section, or pursuant to an appropriation by law.
(c) Providing temporary transfers to the General Revenue Fund pursuant to s. 215.18.
(2)(a) Moneys in the Budget Stabilization Fund may be transferred to the State Risk Management Trust Fund to provide funding for an emergency. For purposes of this subsection, an emergency exists when uninsured losses to state property exceed $2 million per occurrence or $5 million annual aggregate, as this constitutes an unanticipated financial need that the Legislature has found must be funded to serve an essential state responsibility.
(b) At such time that the Division of Risk Management certifies that uninsured property losses exceed $2 million per occurrence or $5 million annual aggregate, the division shall request a budget amendment through the procedures set out in s. 216.181. Transfers into the State Risk Management Trust Fund pursuant to this paragraph may not exceed $38 million in any fiscal year.
History.—s. 1, ch. 94-250; s. 1, ch. 2001-376; s. 243, ch. 2003-261; s. 1, ch. 2004-239.
Structure Florida Statutes
Title XIV - Taxation and Finance
Chapter 216 - Planning and Budgeting
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.
216.052 - 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.
216.103 - 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.
216.137 - 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.
216.164 - 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.
216.178 - 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.
216.222 - 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.
216.272 - Working Capital Trust Funds.
216.273 - Administered Funds Trust Fund.
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.
216.348 - Fixed Capital Outlay Grants and AIDS Appropriations to Certain Nonprofit Entities.