Senate Bill sb2506e1

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    SJR 2506                                 First Engrossed (ntc)



  1                 Senate Joint Resolution No. 2506

  2         A joint resolution proposing amendments to

  3         Section 19 of Article III of the State

  4         Constitution, relating to requirements for

  5         state budget planning, spending, and

  6         accountability.

  7  

  8  Be It Resolved by the Legislature of the State of Florida:

  9  

10         That the following amendments to Section 19 of Article

11  III of the State Constitution, as amended by Revision No. 8

12  (1998), are agreed to and shall be submitted to the electors

13  of this state for approval or rejection at the next general

14  election or at an earlier special election specifically

15  authorized by law for that purpose:

16                           ARTICLE III

17                           LEGISLATURE

18         SECTION 19.  State Budgeting, Planning and

19  Appropriations Processes.--

20         (a)  ANNUAL BUDGETING.  

21         (1)  Effective July 1, 1994, General law shall

22  prescribe the adoption of annual state budgetary and planning

23  processes and require that detail reflecting the annualized

24  costs of the state budget and reflecting the nonrecurring

25  costs of the budget requests shall accompany state department

26  and agency legislative budget requests, the governor's

27  recommended budget, and appropriation bills.

28         (2)  Unless approved by a three-fifths (3/5) vote of

29  the membership of each house, appropriations made for

30  recurring purposes from nonrecurring general revenue funds for

31  


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    SJR 2506                                 First Engrossed (ntc)



 1  any fiscal year shall not exceed three percent of the total

 2  general revenue funds available.

 3         (3)  Each state department and agency shall be required

 4  to submit a legislative budget request that is based upon and

 5  that reflects the long-range fiscal plan adopted by the joint

 6  legislative budget commission.

 7         (4)  For purposes of this section subsection, the terms

 8  department and agency shall include the judicial branch.

 9         (b)  APPROPRIATION BILLS FORMAT.  Separate sections

10  within the general appropriation bill shall be used for each

11  major program area of the state budget; major program areas

12  shall include:  education enhancement "lottery" trust fund

13  items; education (all other funds); human services; criminal

14  justice and corrections; natural resources, environment,

15  growth management, and transportation; general government; and

16  judicial branch.  Each major program area shall include an

17  itemization of expenditures for:  state operations; state

18  capital outlay; aid to local governments and nonprofit

19  organizations operations; aid to local governments and

20  nonprofit organizations capital outlay; federal funds and the

21  associated state matching funds; spending authorizations for

22  operations; and spending authorizations for capital outlay.

23  Additionally, appropriation bills passed by the legislature

24  shall include an itemization of specific appropriations that

25  exceed one million dollars ($1,000,000.00) in 1992 dollars.

26  For purposes of this subsection, "specific appropriation,"

27  "itemization," and "major program area" shall be defined by

28  law.  This itemization threshold shall be adjusted by general

29  law every four years to reflect the rate of inflation or

30  deflation as indicated in the Consumer Price Index for All

31  Urban Consumers, U.S. City Average, All Items, or successor


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    SJR 2506                                 First Engrossed (ntc)



 1  reports as reported by the United States Department of Labor,

 2  Bureau of Labor Statistics or its successor. Substantive bills

 3  containing appropriations shall also be subject to the

 4  itemization requirement mandated under this provision and

 5  shall be subject to the governor's specific appropriation veto

 6  power described in Article III, Section 8.  This subsection

 7  shall be effective July 1, 1994.

 8         (c)  APPROPRIATIONS REVIEW PROCESS.  

 9         (1)  No later than August 15 of each year, the joint

10  legislative budget commission shall issue, as prescribed by

11  general law or joint rule, a long-range plan setting out

12  fiscal goals and objectives for the state and its departments

13  and agencies. The long-range fiscal plan must include major

14  workload and revenue estimates. In order to implement this

15  paragraph, the joint legislative budget commission may request

16  consensus estimating conferences to develop official

17  estimates.

18         (2)  In consultation with the governor, the joint

19  legislative budget commission shall issue instructions to the

20  departments and agencies for developing legislative budget

21  requests. Each year, no later than September 15 or such other

22  date as may be established by the joint legislative budget

23  commission, each department and agency shall submit a

24  legislative budget request for the ensuing fiscal year to the

25  legislature and to the governor. The legislative budget

26  request must be consistent, as prescribed by general law or

27  joint rule, with the long-range fiscal plan. The legislative

28  budget request shall include a prioritized listing of planned

29  expenditures for review and possible reduction in the event of

30  revenue shortfalls, as defined by general law.

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    SJR 2506                                 First Engrossed (ntc)



 1         (3)  The joint legislative budget commission shall hold

 2  public hearings and seek public input, as prescribed by joint

 3  rule, in order to allow each department and agency to provide

 4  an independent assessment of the needs reflected in its

 5  current budget request. In addition, the commission shall

 6  review the performance measures proposed by the departments

 7  and agencies in order to ensure that necessary information is

 8  available to assist the legislature in making policy and

 9  budget decisions.

10         (4)  At least 40 days before the convening of each

11  regular session of the legislature, or such other date as may

12  be established by the joint legislative budget commission, the

13  governor shall furnish a recommended budget and supporting

14  legislation, balanced within revenue estimates adjusted for

15  the anticipated effects of the supporting legislation, to the

16  members of the legislature.

17         (5)  The legislature shall prescribe by general law

18  conditions under which limited adjustments to the budget, as

19  recommended by the governor or the chief justice of the

20  supreme court, may be approved without the concurrence of the

21  full legislature. Effective July 1, 1993, general law shall

22  prescribe requirements for each department and agency of state

23  government to submit a planning document and supporting budget

24  request for review by the appropriations committees of both

25  houses of the legislature. The review shall include a

26  comparison of the major issues in the planning document and

27  budget requests to those major issues included in the

28  governor's recommended budget.  For purposes of this

29  subsection, the terms department and agency shall include the

30  judicial branch.

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    SJR 2506                                 First Engrossed (ntc)



 1         (d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.  All

 2  general appropriation bills shall be furnished to each member

 3  of the legislature, each member of the cabinet, the governor,

 4  and the chief justice of the supreme court at least

 5  seventy-two hours before final passage by either house of the

 6  legislature of the bill in the form that will be presented to

 7  the governor.

 8         (e)  FINAL BUDGET REPORT.  Effective November 4, 1992,

 9  a final budget report shall be prepared as prescribed by

10  general law.  The final budget report shall be produced no

11  later than the 90th day after the beginning of the fiscal

12  year, and copies of the report shall be furnished to each

13  member of the legislature, the head of each department and

14  agency of the state, the auditor general, and the chief

15  justice of the supreme court.

16         (f)  TRUST FUNDS.

17         (1)  No trust fund of the State of Florida or other

18  public body may be created by law without a three-fifths (3/5)

19  vote of the membership of each house of the legislature in a

20  separate bill for that purpose only.

21         (2)  State trust funds in existence before the

22  effective date of this subsection shall terminate not more

23  than four years after the effective date of this subsection.

24  State trust funds created after the effective date of this

25  subsection shall terminate not more than four years after the

26  effective date of the act authorizing the initial creation of

27  the trust fund.  By law the legislature may set a shorter time

28  period for which any trust fund is authorized.

29         (3)  Trust funds required by federal programs or

30  mandates; trust funds established for bond covenants,

31  indentures, or resolutions, whose revenues are legally pledged


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    SJR 2506                                 First Engrossed (ntc)



 1  by the state or public body to meet debt service or other

 2  financial requirements of any debt obligations of the state or

 3  any public body; the state transportation trust fund; the

 4  trust fund containing the net annual proceeds from the Florida

 5  Education Lotteries; the Florida retirement trust fund; trust

 6  funds for institutions under the management of the Board of

 7  Regents, where such trust funds are for auxiliary enterprises

 8  and contracts, grants, and donations, as those terms are

 9  defined by general law; trust funds that serve as clearing

10  funds or accounts for the chief financial officer or state

11  agencies; trust funds that account for assets held by the

12  state in a trustee capacity as an agent or fiduciary for

13  individuals, private organizations, or other governmental

14  units; and other trust funds authorized by this Constitution,

15  are not subject to the requirements set forth in paragraph (2)

16  of this subsection.

17         (4)  All cash balances and income of any trust funds

18  abolished under this subsection shall be deposited into the

19  general revenue fund.

20         (5)  The provisions of this subsection shall be

21  effective November 4, 1992.

22         (g)  BUDGET STABILIZATION FUND.  Beginning with the

23  1994-1995 fiscal year, at least 1% of an amount equal to the

24  last completed fiscal year's net revenue collections for the

25  general revenue fund shall be retained in a budget

26  stabilization fund. The budget stabilization fund shall be

27  increased to at least 2% of said amount for the 1995-1996

28  fiscal year, at least 3% of said amount for the 1996-1997

29  fiscal year, at least 4% of said amount for the 1997-1998

30  fiscal year, and at least 5% of said amount for the 1998-1999

31  fiscal year.  Subject to the provisions of this subsection,


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    SJR 2506                                 First Engrossed (ntc)



 1  the budget stabilization fund shall be maintained at an amount

 2  equal to at least 5% of the last completed fiscal year's net

 3  revenue collections for the general revenue fund shall be

 4  retained in a budget stabilization fund.  The budget

 5  stabilization fund's principal balance shall not exceed an

 6  amount equal to 10% of the last completed fiscal year's net

 7  revenue collections for the general revenue fund.  The

 8  legislature shall provide criteria for withdrawing funds from

 9  the budget stabilization fund in a separate bill for that

10  purpose only and only for the purpose of covering revenue

11  shortfalls of the general revenue fund or for the purpose of

12  providing funding for an emergency, as defined by general law.

13  General law shall provide for the restoration of this fund.

14  The budget stabilization fund shall be comprised of funds not

15  otherwise obligated or committed for any purpose.

16         (h)  LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT

17  AND AGENCY PLANNING DOCUMENT PROCESSES.  General law shall

18  provide for a long-range state planning document. The governor

19  shall recommend to the legislature biennially any revisions to

20  the long-range state planning document, as defined by law.

21  General law shall require a biennial review and revision of

22  the long-range state planning document, shall require the

23  governor to report to the legislature on the progress in

24  achieving the state planning document's goals, and shall

25  require all departments and agencies of state government to

26  develop planning documents that identify statewide strategic

27  goals and objectives, consistent with the long-range state

28  planning document. The long-range state planning document and

29  department and agency planning documents shall remain subject

30  to review and revision by the legislature. The joint

31  legislative budget commission may provide policies and goals


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    SJR 2506                                 First Engrossed (ntc)



 1  that shall be incorporated into the long-range state planning

 2  document. The long-range state planning document must include

 3  projections of future needs and resources of the state which

 4  are consistent with the long-range fiscal plan. The department

 5  and agency planning documents shall include a prioritized

 6  listing of planned expenditures for review and possible

 7  reduction in the event of revenue shortfalls, as defined by

 8  general law. To ensure productivity and efficiency in the

 9  executive, legislative, and judicial branches, a quality

10  management and accountability program shall be implemented by

11  general law.  For the purposes of this subsection, the terms

12  department and agency shall include the judicial branch.  This

13  subsection shall be effective July 1, 1993.

14         (i)  GOVERNMENT EFFICIENCY TASK FORCE.  During January

15  of 2007, and each fourth year thereafter, the president of the

16  senate and the speaker of the house of representatives shall

17  appoint a government efficiency task force, the membership of

18  which shall be established by general law. The task force

19  shall be composed of members of the legislature and

20  representatives from the private sector who shall develop

21  recommendations for improving governmental operations and

22  reducing costs. Staff to assist the task force in performing

23  its duties shall be assigned by general law, and the task

24  force may obtain assistance from the private sector. The task

25  force shall complete its work within one year and shall submit

26  its recommendations to the joint legislative budget

27  commission, governor, and chief justice of the supreme court.

28         (j)  JOINT LEGISLATIVE BUDGET COMMISSION.  There is

29  created the joint legislative budget commission composed of

30  the following members:  the president pro tempore of the

31  senate and four additional senate members appointed by the


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    SJR 2506                                 First Engrossed (ntc)



 1  president of the senate, one of whom must be the chairperson

 2  of the senate appropriations committee; and the speaker pro

 3  tempore of the house of representatives and four additional

 4  house members appointed by the speaker of the house of

 5  representatives, one of whom must be the chairperson of the

 6  house appropriations committee. Each member shall serve at the

 7  pleasure of the officer who appointed the member. A vacancy on

 8  the commission shall be filled in the same manner as the

 9  original appointment. From November of each odd-numbered year

10  through October of each even-numbered year, the chairperson of

11  the joint legislative budget commission shall be the president

12  pro tempore of the senate and the vice chairperson of the

13  commission shall be the speaker pro tempore of the house of

14  representatives. From November of each even-numbered year

15  through October of each odd-numbered year, the chairperson of

16  the joint legislative budget commission shall be the speaker

17  pro tempore of the house of representatives and the vice

18  chairperson of the commission shall be the president pro

19  tempore of the senate. The joint legislative budget commission

20  shall be governed by the joint rules of the senate and the

21  house of representatives, which shall remain in effect until

22  repealed or amended by concurrent resolution. The commission

23  shall convene at least quarterly and shall convene at the call

24  of the president of the senate and speaker of the house of

25  representatives. A majority of the commission members of each

26  house constitutes a quorum. Action by the commission requires

27  a majority vote of the commission members present of each

28  house. The commission may conduct its meetings through

29  teleconferences or similar means. In addition to the powers

30  and duties specified in this subsection, the joint legislative

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    SJR 2506                                 First Engrossed (ntc)



 1  budget commission shall exercise all other powers and perform

 2  any other duties prescribed by general law or joint rule.

 3         BE IT FURTHER RESOLVED that the following statement be

 4  placed on the ballot:

 5                     CONSTITUTIONAL AMENDMENT

 6                     ARTICLE III, SECTION 19

 7         STATE PLANNING AND BUDGET PROCESS.--Proposing

 8  amendments to the State Constitution to limit the amount of

 9  nonrecurring general revenue which may be appropriated for

10  recurring purposes in any fiscal year to 3 percent of the

11  total general revenue funds available, unless otherwise

12  approved by a three-fifths vote of the Legislature; to

13  establish a Joint Legislative Budget Commission, which shall

14  issue long-range fiscal plans and hold public hearings; to

15  provide requirements for the Governor in submitting a

16  recommended budget and for state agencies in preparing and

17  submitting budget requests; to provide for limited adjustments

18  in the state budget, as provided by law; to require

19  termination of a trust fund 4 years following its initial

20  creation; to require the preparation and biennial revision of

21  a long-range state planning document; and to establish a

22  Government Efficiency Task Force and specify its duties.

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