(1)(a) Any appropriation to the Executive Office of the Governor which is classified as an emergency, as defined in s. 252.34, may be released only with the approval of the Governor. The state agency, or the judicial branch, desiring the use of the emergency appropriation shall submit to the Executive Office of the Governor application in writing setting forth the facts from which the alleged need arises. The Executive Office of the Governor shall, at a public hearing, review such application promptly and approve or disapprove the applications as the circumstances may warrant. All actions of the Executive Office of the Governor shall be reported to the legislative appropriations committees, and the committees may advise the Executive Office of the Governor relative to the release of such funds.
(b) The release of appropriated funds classified as “emergency” shall be approved only if an act or circumstance caused by an act of God, civil disturbance, natural disaster, or other circumstance of an emergency nature threatens, endangers, or damages the property, safety, health, or welfare of the state or its residents, which condition has not been provided for in appropriation acts of the Legislature. Funds allocated for this purpose may be used to pay overtime pay to personnel of agencies called upon to perform extra duty because of any civil disturbance or other emergency as defined in s. 252.34 and to provide the required state match for federal grants under the federal Disaster Relief Act.
(2) The release of appropriated funds classified as “deficiency” shall be approved only when a General Revenue Fund appropriation for operations of a state agency or of the judicial branch is inadequate because the workload or cost of the operation exceeds that anticipated by the Legislature and a determination has been made by the Governor that the deficiency will result in an impairment of the activities of an agency or of the judicial branch to the extent that the agency is unable to carry out its program as provided by the Legislature in the general appropriations acts. These funds may not be used for creation of any new agency or program, for increases of salary, or for the construction or equipping of additional buildings.
(3) Notwithstanding any other provisions of law, moneys appropriated in any appropriations act to the Governor for discretionary contingencies may be expended at his or her discretion to promote general government and intergovernmental cooperation and to enhance the image of the state. All funds expended for such purposes shall be accounted for, and a report showing the amounts expended, the names of the persons receiving the amounts expended, and the purpose of each expenditure shall be annually reported to the Auditor General and the legislative appropriations committees.
History.—s. 31, ch. 69-106; s. 1, ch. 71-84; s. 14, ch. 71-354; s. 15, ch. 77-352; s. 13, ch. 81-169; s. 8, ch. 83-334; s. 65, ch. 92-142; s. 1171, ch. 95-147; s. 41, ch. 95-280; s. 33, ch. 2005-152; s. 84, ch. 2011-142.
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.