Sec. 106.304. - Mayor's transfer power.

(a) Within the appropriations authorized in the budget ordinance and, unless otherwise provided in subsection (b) herein, the Mayor is authorized to transfer funds from any agency, non departmental or departmental line item to any other agency, nondepartmental or departmental line item, except that funds may not be transferred: (1) Between sub-funds within the General Fund. (2) Between divisions, for funds outside the General Fund, within the respective governmental fund types per governmental accounting standards. (3) To or from the office of the Council, Council Secretary or Council Auditor, without the approval of the Council President. (4) From any Budget Contingency, except from the Executive Contingency. (5) From the Internal Service Funds (ISF) charges to other accounts. However if transfers are made into ISF user charge accounts, the Mayor is authorized to make the corresponding budget increase (both revenue and expense) within the appropriate ISF's budget. (6) From or between Public Service Grants previously approved by Council. (7) For the purpose of abolishing any agency or any of the functions or activities of any agency, or of transferring any of such functions or activities to any other agency. (b) The Mayor may transfer up to $500,000 during the fiscal year into or out of any agency, nondepartment or department existing object line item for a specific purpose, project, or issue without Council approval. Said transfers shall be reported to the Finance Committee on a quarterly basis in a report and format as approved by the Finance Committee. (c) The Mayor may increase the fund and/or sub-fund budget (both revenue and expense/expenditure) to recognize additional revenue (e.g. grant, operating, etc.) for a specific purpose, project or issue up to $100,000 as long as: (1) The grant and/or other revenue does not have an incremental City budget match requirement; and (2) The expense/expenditure is consistent with a previously approved budget for the specific purpose, project, grant or issue. (d) The Mayor, through the established Mayor's Budget Review Committee process, may increase the fund and/or sub-fund budgets (both revenues and expenses/expenditures) to recognize additional revenues from multiple public assembly facilities managed by a third party under a contract with the City ("Contract"). Said increase of revenues and expenses shall be for specific purposes, projects or issues related to any or all such public assembly facilities (including transfers of such additional revenues between such facilities) which are the responsibility of the third party pursuant to the Contract, up to $500,000 per public assembly facility, so long as the City's financial obligation under the approved budget for the Contract is not increased. (e) The Mayor shall provide to the Council Auditor, within three working days after the effective date thereof, a copy of written documentation of all transfers of funds made during the fiscal year. (f) The transfer authority granted herein by the Council to the Mayor is consistent with Section 14.03 of the Charter, as amended by the Florida Legislature (House Bill No. 1053 - enacted June 2006) and specifically addresses the standards set forth therein. (g) The authorized transfers in this Section shall be subject to legal limitations. (Ord. 77-691-638, § 2; Ord. 83-591-400, § 1; Ord. 88-843-535, § 1.6; Ord. 2005-188-E, § 1; Ord. 2006-830-E, § 3; Ord. 2008-555-E, § 11.1; Ord. 2012-501-E, § 1; Ord. 2012-704-E, § 1; Ord. 2014-466-E, § 10.9; Ord. 2015-452-E , § 3) Editor's note— Ord. 2014-466-E, § 10.10 contains this note regarding § 106.304: Section 10.9 of this Ordinance, providing for a limitation on the Mayor's transfer authority in or out of the Mayor's Office, specifically 106.304(a)(4), shall sunset, be repealed, and be of no further effect September 30, 2015, unless reenacted in subsequent legislation. Note— Former § 126.304 .