216.221 Appropriations as maximum appropriations;
adjustment of budgets to avoid or eliminate deficits. ---
(1) All appropriations shall be maximum appropriations, based
upon the collection of sufficient revenues to meet and provide for such
appropriations. It is the duty of the Governor, as chief budget officer, to
ensure that revenues collected will be sufficient to meet the appropriations
and that no deficit occurs in any state fund.
(2) The Legislature shall annually provide direction in the
General Appropriations Act regarding use of the Working Capital Fund to offset
General Revenue Fund deficits.
(3) For purposes of preventing a deficit in the General Revenue
Fund, all branches and agencies of government that receive General Revenue
Fund appropriations shall participate in deficit reduction efforts. Absent
specific direction in the General Appropriations Act, when budget reductions
are required in order to prevent a deficit under the provisions of subsection
(7), each branch shall reduce its General Revenue Fund appropriations by a
proportional amount.
(4) For purposes of preventing a deficit in the General Revenue
Fund, appropriations to the legislative branch that are voluntarily placed in
their reserve by the President of the Senate or the Speaker of the House of
Representatives, or by both, may not be reduced, but may be included in any
deficit reduction plan.
(5)
(a) If, in the opinion of the Governor, after consultation with the
Revenue Estimating Conference, a deficit will occur in the General Revenue
Fund, he or she shall so certify to the commission and to the Chief Justice of
the Supreme Court. No more than 30 days after certifying that a deficit will
occur in the General Revenue Fund, the Governor shall develop for the
executive branch, and the Chief Justice of the Supreme Court shall develop for
the judicial branch, and provide to the commission and to the Legislature
plans of action to eliminate the deficit.
(b) In developing a plan of action to prevent deficits in accordance
with subsection (7), the Governor and Chief Justice shall, to the extent
possible, preserve legislative policy and intent, and, absent any specific
direction to the contrary in the General Appropriations Act, the Governor and
Chief Justice shall comply with the following guidelines for reductions in the
approved operating budgets of the executive branch and the judicial branch:
1. Entire statewide programs previously established by the
Legislature should not be eliminated.
2. Education budgets should not be reduced more than provided for in
s. 215.16(2).
3. The use of nonrecurring funds to solve recurring deficits should
be minimized.
4. Newly created programs that are not fully implemented and
programs with critical audits should receive first consideration for
reductions.
5. No agencies or branches of government receiving appropriations
should be exempt from reductions.
6. When reductions in positions are required, the focus should be
initially on vacant positions.
7. Any reductions applied to all agencies and branches should be
uniformly applied.
8. Reductions that would cause substantial losses of federal funds
should be minimized.
9. To the greatest extent possible, across-the-board, prorated
reductions should be considered.
10. Reductions to statewide programs should occur only after review
of programs that provide only local benefits.
11. Reductions in administrative and support functions should be
considered before reductions in direct-support services.
12. Maximum reductions should be considered in budgets for expenses
including travel and in budgets for equipment replacement, outside
consultants, and contracts.
13. Reductions in salaries for elected state officials should be
considered.
14. Reductions that adversely affect the public health, safety, and
welfare should be minimized.
15. The Working Capital Fund should not be reduced to a level that
would impair the financial stability of this state.
16. Reductions in programs that are traditionally funded by the
private sector and that may be assumed by private enterprise should be
considered.
17. Reductions in programs that are duplicated among state agencies
or branches of government should be considered.
(6) If the Revenue Estimating Conference projects a deficit in
the General Revenue Fund in excess of $300 million during a fiscal year or
when the cumulative total of a series of projected deficits in the General
Revenue Fund exceeds $300 million, the deficit shall be resolved by the
Legislature.
(7) Deficits in the General Revenue Fund that do not meet the
amounts specified by subsection (6) shall be resolved by the commission for
the executive branch and the Chief Justice of the Supreme Court for the
judicial branch. The commission and Chief Justice shall implement any
directions provided in the General Appropriations Act related to eliminating
deficits and to reduce agency and judicial branch budgets, including the use
of those legislative appropriations voluntarily placed in reserve. In
addition, the commission shall implement any directions in the General
Appropriations Act relating to the use of the Working Capital Fund in deficit
situations. When reducing state agency or judicial branch budgets, the
commission or the Chief Justice, respectively, shall use the guidelines
prescribed in subsection (5). The Executive Office of the Governor for the
commission, and the Chief Justice for the judicial branch, shall implement the
deficit reduction plans through amendments to the approved operating budgets
in accordance with s. 216.181.
(8) The Comptroller also has the duty to ensure that revenues
being collected will be sufficient to meet the appropriations and that no
deficit occurs in any fund of the state.
(9) If, in the opinion of the Comptroller, after consultation
with the Revenue Estimating Conference, a deficit will occur, the Comptroller
shall report his or her opinion to the Governor in writing. In the event the
Governor does not certify a deficit within 10 days after the Comptroller's
report, the Comptroller shall report his or her findings and opinion to the
commission and the Chief Justice of the Supreme Court.
(10) Once a deficit is determined to have occurred and action is
taken to reduce approved operating budgets and release authority, no action
may be taken to restore the reductions, either directly or
indirectly.
History: s. 31, ch. 69-106; s. 14, ch. 71-354; s. 18, ch. 83-49; s. 21, ch.
91-109; s. 64, ch. 92-142; s. 1170, ch. 95-147.