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Florida Statute 216.011 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XIV
TAXATION AND FINANCE
Chapter 216
PLANNING AND BUDGETING
View Entire Chapter
F.S. 216.011
216.011 Definitions.
(1) For the purpose of fiscal affairs of the state, appropriations acts, legislative budgets, and approved budgets, each of the following terms has the meaning indicated:
(a) “Activity” means a unit of work that has identifiable starting and ending points, consumes resources, and produces outputs.
(b) “Annual salary rate” means the monetary compensation authorized to be paid a position on an annualized basis. The term does not include moneys authorized for benefits associated with the position.
(c) “Appropriation” means a legal authorization to make expenditures for specific purposes within the amounts authorized by law.
(d) “Appropriations act” means the authorization of the Legislature, based upon legislative budgets or based upon legislative findings of the necessity for an authorization when no legislative budget is filed, for the expenditure of amounts of money by an agency, the judicial branch, or the legislative branch for stated purposes in the performance of the functions it is authorized by law to perform. The categories contained in the appropriations act include, but are not limited to:
1. Data processing services.
2. Expenses.
3. Fixed capital outlay.
4. Food products.
5. Grants and aids.
6. Grants and aids to local governments and nonstate entities-fixed capital outlay.
7. Lump-sum appropriations.
8. Operating capital outlay.
9. Other personal services.
10. Salaries and benefits.
11. Special categories.
(e) “Authorized position” means a position included in an approved budget. In counting the number of authorized positions, part-time positions shall be converted to full-time equivalents.
(f) “Baseline data” means indicators of a state agency’s current performance level, pursuant to guidelines established by the Executive Office of the Governor, in consultation with legislative appropriations and appropriate substantive committees.
(g) “Budget entity” means a unit or function at the lowest level to which funds are specifically appropriated in the appropriations act. “Budget entity” and “service” have the same meaning.
(h) “Budget reserve” means the withholding, as authorized by the Legislature, of an appropriation, or portion thereof. The need for a budget reserve may exist until certain conditions set by the Legislature are met by the affected agency, or such need may exist due to financial or program changes that have occurred since, and were unforeseen at the time of, passage of the General Appropriations Act.
(i) “Chairs of the legislative appropriations committees” means the chairs of the committees of the Senate and the House of Representatives responsible for producing the General Appropriations Act.
(j) “Consultation” means communication to allow government officials and agencies to deliberate and to seek and provide advice in an open and forthright manner.
(k) “Continuing appropriation” means an appropriation automatically renewed without further legislative action, period after period, until altered or revoked by the Legislature.
(l) “Data processing services” means the appropriation category used to fund electronic data processing services provided by state agencies or the judicial branch, which services include, but are not limited to, systems design, software development, or time-sharing by other governmental units or budget entities.
(m) “Disbursement” means the payment of an expenditure.
(n) “Disincentive” means a sanction as described in s. 216.163.
(o) “Expenditure” means the creation or incurring of a legal obligation to disburse money.
(p) “Expense” means the appropriation category used to fund the usual, ordinary, and incidental expenditures by an agency or the judicial branch, including such items as commodities, supplies of a consumable nature, current obligations, and fixed charges, and excluding expenditures classified as operating capital outlay. Payments to other funds or local, state, or federal agencies may be included in this category.
(q) “Fiscal year of the state” means a period of time beginning July 1 and ending on the following June 30, both dates inclusive.
(r) “Fixed capital outlay” means the appropriation category used to fund real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use and including furniture and equipment necessary to furnish and operate a new or improved facility, when appropriated by the Legislature in the fixed capital outlay appropriation category.
(s) “Food products” means the appropriation category used to fund food consumed and purchased in state-run facilities that provide housing to individuals.
(t) “Grants and aids” means the appropriation category used to fund contributions to units of government or nonstate entities to be used for one or more specified purposes or activities. Funds appropriated to units of government and nonprofit entities under this category may be advanced.
(u) “Grants and aids to local governments and nonstate entities-fixed capital outlay” means the appropriation category used to fund:
1. Grants to local units of governments or nonstate entities for the acquisition of real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.); additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use; and operating capital outlay necessary to furnish and operate a new or improved facility; and
2. Grants to local units of government for their respective infrastructure and growth management needs related to local government comprehensive plans.

Funds appropriated to local units of government and nonprofit organizations under this category may be advanced in part or in whole.

(v) “Incentive” means a mechanism, as described in s. 216.163, for recognizing the achievement of performance standards or for motivating performance that exceeds performance standards.
(w) “Incurred obligation” means a legal obligation for goods or services that have been contracted for, referred to as an encumbrance in the state’s financial system, or received or incurred by the state and referred to as a payable in the state’s financial system.
(x) “Independent judgment” means an evaluation of actual needs made separately and apart from the legislative budget request of any other agency or of the judicial branch, or any assessments by the Governor. Such evaluation shall not be limited by revenue estimates of the Revenue Estimating Conference.
(y) “Judicial branch” means all officers, employees, and offices of the Supreme Court, district courts of appeal, circuit courts, county courts, and the Judicial Qualifications Commission.
(z) “Lease or lease-purchase of equipment” means the appropriations category used to fund the lease or lease-purchase of equipment, fixtures, and other tangible personal property.
(aa) “Legislative branch” means the various officers, committees, and other units of the legislative branch of state government.
(bb) “Legislative budget instructions” means the annual set of instructions developed to assist agencies in submitting budget requests to the Legislature and to generate information necessary for budgetary decisionmaking. Such instructions may include program-based performance budget instructions.
(cc) “Legislative budget request” means a request to the Legislature, filed pursuant to s. 216.023, or supplemental detailed requests filed with the Legislature, for the amounts of money such agency or branch believes will be needed in the performance of the functions that it is authorized, or which it is requesting authorization by law, to perform.
(dd) “Long-range financial outlook” means a document issued by the Legislative Budget Commission based on a 3-year forecast of revenues and expenditures.
(ee) “Long-range program plan” means a plan developed pursuant to s. 216.013.
(ff) “Lump-sum appropriation” means the appropriation category used to fund a specific activity or project which must be transferred to one or more appropriation categories for expenditure.
(gg) “Mandatory reserve” means the reduction of an appropriation by the Governor or the Legislative Budget Commission due to an anticipated deficit in a fund, pursuant to s. 216.221. Action may not be taken to restore a mandatory reserve either directly or indirectly.
(hh) “Operating capital outlay” means the appropriation category used to fund equipment, fixtures, and other tangible personal property of a nonconsumable and nonexpendable nature under s. 273.025.
(ii) “Original approved budget” means the approved plan of operation of an agency or of the judicial branch consistent with the General Appropriations Act or special appropriations acts.
(jj) “Other personal services” means the appropriation category used to fund the compensation for services rendered by a person who is not filling an established position. This definition includes, but is not limited to, services of temporary employees, student or graduate assistants, persons on fellowships, part-time academic employees, board members, and consultants and other services specifically budgeted by each agency, or by the judicial branch, in this category. In distinguishing between payments to be made from salaries and benefits appropriations and other-personal-services appropriations:
1. Those persons filling established positions shall be paid from salaries and benefits appropriations and those persons performing services for a state agency or for the judicial branch, but who are not filling established positions, shall be paid from other-personal-services appropriations.
2. Those persons paid from salaries and benefits appropriations shall be state officers or employees and shall be eligible for membership in a state retirement system and those paid from other-personal-services appropriations shall not be eligible for such membership.
(kk) “Outcome” means an indicator of the actual impact or public benefit of a program.
(ll) “Output” means the actual service or product delivered by a state agency.
(mm) “Performance measure” means a quantitative or qualitative indicator used to assess state agency performance.
(nn) “Program” means a set of services and activities undertaken in accordance with a plan of action organized to realize identifiable goals and objectives based on legislative authorization.
(oo) “Program component” means an aggregation of generally related objectives which, because of their special character, related workload, and interrelated output, can logically be considered an entity for purposes of organization, management, accounting, reporting, and budgeting.
(pp) “Proviso” means language that qualifies or restricts a specific appropriation and which can be logically and directly related to the specific appropriation.
(qq) “Qualified expenditure category” means the appropriations category used to fund specific activities and projects which must be transferred to one or more appropriation categories for expenditure upon recommendation by the Governor or Chief Justice, as appropriate, and subject to approval by the Legislative Budget Commission. The Legislature by law may provide that a specific portion of the funds appropriated in this category be transferred to one or more appropriation categories without approval by the commission and may provide that requirements or contingencies be satisfied prior to the transfer.
(rr) “Salaries and benefits” means the appropriation category used to fund the monetary or cash-equivalent compensation for work performed by state employees for a specific period of time. Benefits shall be as provided by law.
(ss) “Salary” means the cash compensation for services rendered for a specific period of time.
(tt) “Salary rate reserve” means the withholding of a portion of the annual salary rate for a specific purpose.
(uu) “Special category” means the appropriation category used to fund amounts appropriated for a specific need or classification of expenditures.
(vv) “Standard” means the level of performance of an outcome or output.
(ww) “State agency” or “agency” means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government. For purposes of this chapter and chapter 215, “state agency” or “agency” includes, but is not limited to, state attorneys, public defenders, criminal conflict and civil regional counsel, capital collateral regional counsel, the Justice Administrative Commission, the Florida Housing Finance Corporation, and the Florida Public Service Commission. Solely for the purposes of implementing s. 19(h), Art. III of the State Constitution, the terms “state agency” or “agency” include the judicial branch.
(2) For purposes of this chapter, terms related to personnel affairs of the state shall be defined as set forth in s. 110.107.
(3) For purposes of this chapter, the term:
(a) “Approved operating budget” or “approved budget” means the plan of operations consisting of the original approved operating budget.
(b) “Commission” means the Legislative Budget Commission created in s. 11.90.
(c) “Statutorily authorized entity” means any entity primarily acting as an instrumentality of the state, any regulatory or governing body, or any other governmental or quasi-governmental organization that receives, disburses, expends, administers, awards, recommends expenditure of, handles, manages, or has custody or control of funds appropriated by the Legislature and:
1. Is created, organized, or specifically authorized to be created or established by general law; or
2. Assists a department, as defined in s. 20.03(8), or other unit of state government in providing programs or services on a statewide basis with a statewide service area or population.
History.s. 31, ch. 69-106; s. 6, ch. 71-354; s. 2, ch. 77-352; s. 16, ch. 79-190; s. 2, ch. 80-380; s. 1, ch. 81-256; s. 3, ch. 83-49; s. 16, ch. 83-216; s. 2, ch. 83-279; s. 33, ch. 85-80; s. 3, ch. 87-137; s. 58, ch. 87-548; s. 1, ch. 89-51; ss. 1, 7, ch. 89-291; s. 2, ch. 91-109; s. 31, ch. 92-142; s. 87, ch. 92-279; s. 55, ch. 92-326; s. 3, ch. 94-249; s. 1509, ch. 95-147; s. 3, ch. 96-278; s. 1, ch. 98-73; s. 9, ch. 99-155; s. 20, ch. 99-399; s. 16, ch. 2000-237; s. 1, ch. 2000-371; s. 1, ch. 2001-56; s. 18, ch. 2003-138; ss. 12, 13, ch. 2005-152; s. 5, ch. 2006-119; s. 15, ch. 2006-122; s. 27, ch. 2007-62; s. 15, ch. 2009-204; s. 55, ch. 2010-102; s. 1, ch. 2011-45; s. 15, ch. 2013-44; s. 54, ch. 2023-8.

F.S. 216.011 on Google Scholar

F.S. 216.011 on CourtListener

Amendments to 216.011


Annotations, Discussions, Cases:

Cases Citing Statute 216.011

Total Results: 27

Chiles v. CHILDREN A, B, C, D, E, AND F

589 So. 2d 260, 1991 WL 250980

Supreme Court of Florida | Filed: Oct 29, 1991 | Docket: 1441475

Cited 61 times | Published

agencies," which by legislative definition in section 216.011(1)(ll), Florida Statutes (1989), includes the

DEPT. OF ADMIN., DIV. OF RETIRE. v. Albanese

445 So. 2d 639

District Court of Appeal of Florida | Filed: Feb 13, 1984 | Docket: 1685487

Cited 8 times | Published

performed in a regularly established position." Section 216.011(1)(o) provides that state employees fill one

Graham v. Haridopolos

108 So. 3d 597, 38 Fla. L. Weekly Supp. 71, 2013 Fla. LEXIS 127, 2013 WL 362773

Supreme Court of Florida | Filed: Jan 31, 2013 | Docket: 60229186

Cited 6 times | Published

purposes within the amounts authorized by law.” § 216.011, Fla. Stat. (2007). The Florida Constitution in

United Faculty v. Bd. of Regents, Etc.

417 So. 2d 1055, 5 Educ. L. Rep. 1330

District Court of Appeal of Florida | Filed: Jul 27, 1982 | Docket: 1383994

Cited 5 times | Published

for membership in the state retirement system. § 216.011(1)(o), Fla. Stat. (1981). Another reason advanced

Crews v. Florida Public Employers Council 79

113 So. 3d 1063, 2013 WL 2421093, 2013 Fla. App. LEXIS 8929

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231407

Cited 4 times | Published

directly related to the specific appropriation.” § 216.011(1)(⅞), Fla. Stat. (2012). Thus, a “specific appropriation”

Lindamood v. OFFICE OF STATE ATTORNEY

731 So. 2d 829, 1999 WL 279829

District Court of Appeal of Florida | Filed: May 7, 1999 | Docket: 216160

Cited 4 times | Published

state agency to be as that term is defined in § 216.011. Subsection 216.011(1)(kk) provides: "State agency"

Florida Ass'n of Rehabilitation Facilities, Inc. v. Florida Department of Health & Rehabilitative Services

164 F.R.D. 257, 1995 U.S. Dist. LEXIS 20462, 1995 WL 707365

District Court, N.D. Florida | Filed: Nov 30, 1995 | Docket: 66313248

Cited 4 times | Published

budgeting system.” Fla.Stat. § 216.134(1). Fla.Stat. § 216.011(s), however, not surprisingly defines the “Legislative

Republican Party of Florida v. Smith

638 So. 2d 26, 19 Fla. L. Weekly Supp. 224, 1994 Fla. LEXIS 624, 1994 WL 149669

Supreme Court of Florida | Filed: Apr 28, 1994 | Docket: 1652588

Cited 4 times | Published

the statutory definition of appropriation. Section 216.011(1)(b), Florida Statutes (1993), defines appropriation

Thompson v. Graham

481 So. 2d 1212, 10 Fla. L. Weekly 633

Supreme Court of Florida | Filed: Dec 19, 1985 | Docket: 285321

Cited 4 times | Published

functions it is authorized by law to perform. § 216.011(1)(c), Fla. Stat. (1983). By statute the commissioner

Caldwell v. Board of Trustees Broward Community College

858 So. 2d 1199, 2003 Fla. App. LEXIS 17076, 2003 WL 22658117

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 2518128

Cited 3 times | Published

011"). The Whistle-blower's Act thus utilizes section 216.011 to define the term "state agency" for the purpose

Christina Daly, in her official capacity as Secretary of the Florida Department of Juvenile Justice v. Polk County, Florida, and Seminole County, Florida, political subdivisions of the State of Florida

265 So. 3d 644

District Court of Appeal of Florida | Filed: Nov 27, 2018 | Docket: 8283796

Cited 2 times | Published

refunds. See § 985.686(1), Fla. Stat.; see also § 216.011(1)(b), Fla. Stat. (defining an appropriation as

Village of Palmetto Bay, Florida v. Miami-Dade County, Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435416

Published

Haridopolos, 108 So. 3d 597, 603 (Fla. 2013) (citing § 216.011, Fla. Stat. (2007)) (“‘Appropriation’ is defined

Teresa Moon-Vileno, an individual, and Deborah Lynn Felty, an individual v. Florida Association of Court Clerks, Inc., a Florida Not for Profit Corporation, FACC

District Court of Appeal of Florida | Filed: Jan 24, 2024 | Docket: 68187980

Published

3 (emphasis added). Section 216.011(1)(ww), Florida Statutes, defines a “state

Allen v. FLORIDA INTERN. UNIVERSITY

981 So. 2d 1286, 28 I.E.R. Cas. (BNA) 171, 2008 Fla. App. LEXIS 7538, 2008 WL 2185219

District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 1515440

Published

chapter 216, "state agency" includes a "board." Id. § 216.011(1)(qq). Under paragraph 240.209(2)(d), Florida

Bogardus v. JUSTICE ADMINISTRATIVE COM'N

943 So. 2d 256, 2006 WL 3302531

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1526761

Published

evidence). Affirmed. NOTES [1] As defined in section 216.011(dd), Florida Statutes (2006), provides in part:

Ago

Florida Attorney General Reports | Filed: Apr 25, 2006 | Docket: 3255925

Published

days after the prohibited personnel action." Section 216.011(1)(qq), Florida Statutes, defines "[s]tate

Ago

Florida Attorney General Reports | Filed: Apr 30, 2003 | Docket: 3258198

Published

state planning and budgeting. Pursuant to section 216.011(1)(p), Florida Statutes, a "[f]ixed capital

Ago

Florida Attorney General Reports | Filed: Jun 1, 1998 | Docket: 3256964

Published

therefore, to be a "state agency" as defined in section 216.011(1)(kk), Florida Statutes, for purposes of the

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Florida Attorney General Reports | Filed: Sep 28, 1994 | Docket: 3256840

Published

state in planning and budgeting. Pursuant to section 216.011(1)(n), Florida Statutes, "[f]ixed capital outlay"

Ago

Florida Attorney General Reports | Filed: Nov 15, 1993 | Docket: 3255188

Published

sought. 3 Section 112.31895(1)(b), F.S. 4 Section 216.011(1)(kk), F.S., defines "State agency" or "agency"

Ago

Florida Attorney General Reports | Filed: Sep 16, 1988 | Docket: 3257302

Published

216, F.S., or some other classification. Section 216.011(1)(x), F.S., defines "Other personal services"

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Florida Attorney General Reports | Filed: Apr 28, 1986 | Docket: 3257508

Published

salaries appropriation as provided for in Section 216.011(1)(x)1. and 2., F.S., or a salaries account

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Florida Attorney General Reports | Filed: Feb 11, 1983 | Docket: 3255134

Published

state-owned vehicles for other than state purposes. Section 216.011(1)(f), F.S. Thus, "fringe benefits" and "perquisites"

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Florida Attorney General Reports | Filed: May 5, 1981 | Docket: 3258947

Published

perquisites before the same may be furnished.' Section 216.011(1)(f), F.S., defines the term `perquisites'

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3255749

Published

the particular trust fund or agency fund. Section 216.011(1)(e) defines a state agency as `any official

Ago

Florida Attorney General Reports | Filed: Jul 24, 1978 | Docket: 3258257

Published

expected life of which is one year or more.' Section 216.011(1)(q), F. S. 1975. These items must continue

Ago

Florida Attorney General Reports | Filed: Mar 10, 1976 | Docket: 3257095

Published

executive and judicial branches of government. Section 216.011(1)(e) defines "state agency" for the purpose