(1) The annual rate of salary of any officer or employee filling the position specifically named in an item in the appropriations acts shall be as provided in one of the following paragraphs:
(a) In the amount appropriated for such position;
(b) The amount appropriated in an item for the named positions in that item, shall be divided by the indicated number of such positions, and the resulting quotient shall be the annual rate of salary of each such position; or
(c) Within the amounts appropriated where such salary may be otherwise fixed pursuant to law.
(2)(a) The salary for each position not specifically indicated in the appropriations acts shall be as provided in one of the following subparagraphs:
1. Within the classification and pay plans provided for in chapter 110.
2. Within the classification and pay plans established by the Board of Trustees for the Florida School for the Deaf and the Blind of the Department of Education and approved by the State Board of Education for academic and academic administrative personnel.
3. Within the classification and pay plan approved and administered by the Board of Governors or the designee of the board for those positions in the State University System.
4. Within the classification and pay plan approved by the President of the Senate and the Speaker of the House of Representatives, as the case may be, for employees of the Legislature.
5. Within the approved classification and pay plan for the judicial branch.
(b) Salary payments shall be made only to employees filling established positions included in the agency’s or in the judicial branch’s approved budgets and amendments thereto as may be provided by law; provided, however:
1. Reclassification of established positions may be accomplished when justified in accordance with the established procedures for reclassifying positions; or
2. When the Division of Risk Management of the Department of Financial Services has determined that an employee is entitled to receive a temporary partial disability benefit or a temporary total disability benefit pursuant to the provisions of s. 440.15 and there is medical certification that the employee cannot perform the duties of the employee’s regular position, but the employee can perform some type of work beneficial to the agency, the agency may return the employee to the payroll, at his or her regular rate of pay, to perform such duties as the employee is capable of performing, even if there is not an established position in which the employee can be placed. Nothing in this subparagraph shall abrogate an employee’s rights under chapter 440 or chapter 447, nor shall it adversely affect the retirement credit of a member of the Florida Retirement System in the membership class he or she was in at the time of, and during, the member’s disability.
(3) An agency may not provide general salary increases or pay additives for a cohort of positions sharing the same job classification or job occupations which the Legislature has not authorized in the General Appropriations Act or other laws.
History.—ss. 15, 31, 35, ch. 69-106; s. 15, ch. 71-354; s. 3, ch. 80-404; ss. 2, 12, ch. 85-241; s. 1, ch. 85-336; s. 12, ch. 90-365; s. 67, ch. 92-142; s. 1172, ch. 95-147; s. 11, ch. 98-136; s. 31, ch. 2000-371; s. 246, ch. 2003-261; s. 36, ch. 2005-152; s. 34, ch. 2006-122; s. 26, ch. 2007-217.
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.