Florida Statute 216.192 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 216
PLANNING AND BUDGETING

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F.S. 216.192

216.192 Release of appropriations; revision of budgets.—

(1) Unless otherwise provided in law, on July 1 of each fiscal year, up to 25 percent of the original approved operating budget of each agency and of the judicial branch may be released until such time as annual plans for quarterly releases for all appropriations have been developed, approved, and furnished to the Chief Financial Officer by the Executive Office of the Governor for state agencies and by the Chief Justice of the Supreme Court for the judicial branch. The plans, including appropriate plans of releases for fixed capital outlay projects that correspond with each project schedule, shall attempt to maximize the use of trust funds and shall be transmitted to the Chief Financial Officer by August 1 of each fiscal year. Such releases shall at no time exceed the total appropriations available to a state agency or to the judicial branch, or the approved budget for such agency or the judicial branch if less. The Chief Financial Officer shall enter such releases in his or her records in accordance with the release plans prescribed by the Executive Office of the Governor and the Chief Justice, unless otherwise amended as provided by law. The Executive Office of the Governor and the Chief Justice shall transmit a copy of the approved annual releases to the head of the state agency, the chair and vice chair of the Legislative Budget Commission, and the Auditor General. The Chief Financial Officer shall authorize all expenditures to be made from the appropriations on the basis of such releases and in accordance with the approved budget, and not otherwise. Expenditures shall be authorized only in accordance with legislative authorizations. Nothing herein precludes periodic reexamination and revision by the Executive Office of the Governor or by the Chief Justice of the annual plans for release of appropriations and the notifications of the parties of all such revisions.

(2) Any department under the direct supervision of a member of the Cabinet or of a board consisting of the Governor and members of the Cabinet which contends that the plan for releases of funds appropriated to it is contrary to the approved operating budget shall have the right to have the issue reviewed by the Administration Commission which shall decide such issue by majority vote.

(3) The Executive Office of the Governor shall make releases within the amounts appropriated and as requested for all appropriations to the legislative branch, and the provisions of subsections (1) and (2) shall not apply to the legislative branch.

(4) The annual plans of releases authorized by this section may be considered by the Revenue Estimating Conference in preparation of the statement of financial outlook.

(5) In order to implement directives contained in the General Appropriations Act or to prevent deficits pursuant to s. 216.221, the Executive Office of the Governor for the executive branch and the Chief Justice for the judicial branch may place appropriations in budget reserve or mandatory reserve.

(6) All budget actions taken pursuant to the provisions of this section are subject to the notice and review procedures set forth in s. 216.177.

History.—s. 31, ch. 69-106; s. 8, ch. 69-82; s. 13, ch. 71-354; s. 13, ch. 77-352; s. 10, ch. 81-169; s. 15, ch. 83-49; s. 6, ch. 83-332; s. 10, ch. 89-51; s. 61, ch. 92-142; s. 1168, ch. 95-147; s. 26, ch. 2000-371; s. 10, ch. 2001-56; s. 240, ch. 2003-261; s. 30, ch. 2005-152; s. 4, ch. 2007-98.

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Amendments to 216.192

Arrestable Offenses / Crimes under Fla. Stat. 216.192

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 216.192.

Annotations, Discussions, Cases:

Cases Citing Statute 216.192

Total Results: 8

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-01-25T23:53:00-08:00

Snippet: expenditure or disbursement of public funds. Section 216.192(1), F.S., in pertinent part, provides that "

UNITED FACULTY OF FLORIDA, ETC. v. Bd. of Regents

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-08T23:53:00-08:00

Citation: 365 So. 2d 1073

Snippet: compliance with the approved budget." And Section 216.192(1), Florida Statutes 1975 specifies that "

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-08-15T00:53:00-07:00

Snippet: budgets. See AGO 071-28; ss. 27.33(4), 216.181, 216.192, 216.321, F. S. Whether or not the various state

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-12-20T23:53:00-08:00

Snippet: an appropriation made by law." Further, s.216.192(1), F. S., states, in pertinent part, [t]he Comptroller…VII, State Const., and ss. 215.35, 216.181, and 216.192(1), F. S., when there had been no legislative appropriation…the release of appropriations as required by s. 216.192, F. S., no moneys may be thus expended by the board

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-03-09T23:53:00-08:00

Snippet: government, save the provisions of ss.216.081 and 216.192 and other such sections as are properly related…the Commission on Ethics, save ss. 216.081 and 216.192 and other such sections properly related to the

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Court: Fla. Att'y Gen. | Date Filed: 1976-03-09T23:53:00-08:00

Snippet: Council, save such sections as ss. 216.081 and 216.192 and others which are properly related to the legislative…the Law Revision Council, save ss. 216.081 and 216.192 and other such sections properly related to the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-04-14T00:53:00-07:00

Snippet: of each state agency pursuant to s. 216.192." Under s. 216.192(1), F.S., the Department of Administration…budget and release plan pursuant to ss. 216.181 and 216.192(1), F.S. The Commission on Marine Sciences and …budget and release plan required by ss. 216.181 and 216.192(1), F.S., the department is neither required nor

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-06-24T00:53:00-07:00

Snippet: respect to an appropriation for the payment, s. 216.192, F.S., provides that the comptroller shall authorize