Senate Bill sb2516
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Florida Senate - 2004 SJR 2516
By Senator Klein
43-1875-04 See HJR 687
1 Senate Joint Resolution No. ____
2 A joint resolution proposing an amendment to
3 Section 19 of Article III and the creation of
4 Section 19 of Article VII of the State
5 Constitution to require that a portion of the
6 increase in net general revenue funds collected
7 each year be deposited into the Budget
8 Stabilization Fund until the Budget
9 Stabilization Fund is at its maximum level, to
10 require that an annual 5-year forecast be
11 prepared by the Legislature, and to place
12 conditions on the approval by the Legislature
13 of the issuance of state tax-supported debt.
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15 Be It Resolved by the Legislature of the State of Florida:
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17 That the following amendment to Section 19 of Article
18 III and the following creation of Section 19 of Article VII of
19 the State Constitution are agreed to and shall be submitted to
20 the electors of this state for approval or rejection at the
21 next general election or at an earlier special election
22 specifically authorized by law for that purpose:
23 ARTICLE III
24 LEGISLATURE
25 SECTION 19. State Budgeting, Planning and
26 Appropriations Processes.--
27 (a) ANNUAL BUDGETING. Effective July 1, 1994, general
28 law shall prescribe the adoption of annual state budgetary and
29 planning processes and require that detail reflecting the
30 annualized costs of the state budget and reflecting the
31 nonrecurring costs of the budget requests shall accompany
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Florida Senate - 2004 SJR 2516
43-1875-04 See HJR 687
1 state department and agency legislative budget requests, the
2 governor's recommended budget, and appropriation bills. For
3 purposes of this subsection, the terms department and agency
4 shall include the judicial branch.
5 (b) APPROPRIATION BILLS FORMAT. Separate sections
6 within the general appropriation bill shall be used for each
7 major program area of the state budget; major program areas
8 shall include: education enhancement "lottery" trust fund
9 items; education (all other funds); human services; criminal
10 justice and corrections; natural resources, environment,
11 growth management, and transportation; general government; and
12 judicial branch. Each major program area shall include an
13 itemization of expenditures for: state operations; state
14 capital outlay; aid to local governments and nonprofit
15 organizations operations; aid to local governments and
16 nonprofit organizations capital outlay; federal funds and the
17 associated state matching funds; spending authorizations for
18 operations; and spending authorizations for capital outlay.
19 Additionally, appropriation bills passed by the legislature
20 shall include an itemization of specific appropriations that
21 exceed one million dollars ($1,000,000.00) in 1992 dollars.
22 For purposes of this subsection, "specific appropriation,"
23 "itemization," and "major program area" shall be defined by
24 law. This itemization threshold shall be adjusted by general
25 law every four years to reflect the rate of inflation or
26 deflation as indicated in the Consumer Price Index for All
27 Urban Consumers, U.S. City Average, All Items, or successor
28 reports as reported by the United States Department of Labor,
29 Bureau of Labor Statistics or its successor. Substantive bills
30 containing appropriations shall also be subject to the
31 itemization requirement mandated under this provision and
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Florida Senate - 2004 SJR 2516
43-1875-04 See HJR 687
1 shall be subject to the governor's specific appropriation veto
2 power described in Article III, Section 8. This subsection
3 shall be effective July 1, 1994.
4 (c) APPROPRIATIONS REVIEW PROCESS. Effective July 1,
5 1993, general law shall prescribe requirements for each
6 department and agency of state government to submit a planning
7 document and supporting budget request for review by the
8 appropriations committees of both houses of the legislature.
9 The review shall include a comparison of the major issues in
10 the planning document and budget requests to those major
11 issues included in the governor's recommended budget. For
12 purposes of this subsection, the terms department and agency
13 shall include the judicial branch.
14 (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general
15 appropriation bills shall be furnished to each member of the
16 legislature, each member of the cabinet, the governor, and the
17 chief justice of the supreme court at least seventy-two hours
18 before final passage by either house of the legislature of the
19 bill in the form that will be presented to the governor.
20 (e) FINAL BUDGET REPORT. Effective November 4, 1992,
21 a final budget report shall be prepared as prescribed by
22 general law. The final budget report shall be produced no
23 later than the 90th day after the beginning of the fiscal
24 year, and copies of the report shall be furnished to each
25 member of the legislature, the head of each department and
26 agency of the state, the auditor general, and the chief
27 justice of the supreme court.
28 (f) TRUST FUNDS.
29 (1) No trust fund of the State of Florida or other
30 public body may be created by law without a three-fifths (3/5)
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Florida Senate - 2004 SJR 2516
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1 vote of the membership of each house of the legislature in a
2 separate bill for that purpose only.
3 (2) State trust funds in existence before the
4 effective date of this subsection shall terminate not more
5 than four years after the effective date of this subsection.
6 State trust funds created after the effective date of this
7 subsection shall terminate not more than four years after the
8 effective date of the act authorizing the creation of the
9 trust fund. By law the legislature may set a shorter time
10 period for which any trust fund is authorized.
11 (3) Trust funds required by federal programs or
12 mandates; trust funds established for bond covenants,
13 indentures, or resolutions, whose revenues are legally pledged
14 by the state or public body to meet debt service or other
15 financial requirements of any debt obligations of the state or
16 any public body; the state transportation trust fund; the
17 trust fund containing the net annual proceeds from the Florida
18 Education Lotteries; the Florida retirement trust fund; trust
19 funds for institutions under the management of the Board of
20 Regents, where such trust funds are for auxiliary enterprises
21 and contracts, grants, and donations, as those terms are
22 defined by general law; trust funds that serve as clearing
23 funds or accounts for the chief financial officer or state
24 agencies; trust funds that account for assets held by the
25 state in a trustee capacity as an agent or fiduciary for
26 individuals, private organizations, or other governmental
27 units; and other trust funds authorized by this Constitution,
28 are not subject to the requirements set forth in paragraph (2)
29 of this subsection.
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Florida Senate - 2004 SJR 2516
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1 (4) All cash balances and income of any trust funds
2 abolished under this subsection shall be deposited into the
3 general revenue fund.
4 (5) The provisions of this subsection shall be
5 effective November 4, 1992.
6 (g) BUDGET STABILIZATION FUND. Beginning with the
7 1994-1995 fiscal year, at least 1% of an amount equal to the
8 last completed fiscal year's net revenue collections for the
9 general revenue fund shall be retained in a budget
10 stabilization fund. The budget stabilization fund shall be
11 increased to at least 2% of said amount for the 1995-1996
12 fiscal year, at least 3% of said amount for the 1996-1997
13 fiscal year, at least 4% of said amount for the 1997-1998
14 fiscal year, and at least 5% of said amount for the 1998-1999
15 fiscal year. Subject to the provisions of this subsection, the
16 budget stabilization fund shall be maintained at an amount
17 equal to at least 5% of the last completed fiscal year's net
18 revenue collections for the general revenue fund. The budget
19 stabilization fund's principal balance shall not exceed an
20 amount equal to 10% of the last completed fiscal year's net
21 revenue collections for the general revenue fund. In any
22 fiscal year in which net revenue collections for the general
23 revenue fund exceed net revenue collections for the general
24 revenue fund collected during the previous fiscal year, 25% of
25 this excess amount shall be deposited into the budget
26 stabilization fund until the budget stabilization fund reaches
27 the maximum balance allowed pursuant to this section. The
28 legislature shall provide criteria for withdrawing funds from
29 the budget stabilization fund in a separate bill for that
30 purpose only and only for the purpose of covering revenue
31 shortfalls of the general revenue fund or for the purpose of
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Florida Senate - 2004 SJR 2516
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1 providing funding for an emergency, as defined by general law.
2 General law shall provide for the restoration of this fund.
3 The budget stabilization fund shall be comprised of funds not
4 otherwise obligated or committed for any purpose.
5 (h) STATE PLANNING DOCUMENT AND DEPARTMENT AND AGENCY
6 PLANNING DOCUMENT PROCESSES. The governor shall recommend to
7 the legislature biennially any revisions to the state planning
8 document, as defined by law. General law shall require a
9 biennial review and revision of the state planning document,
10 shall require the governor to report to the legislature on the
11 progress in achieving the state planning document's goals, and
12 shall require all departments and agencies of state government
13 to develop planning documents consistent with the state
14 planning document. The state planning document and department
15 and agency planning documents shall remain subject to review
16 and revision by the legislature. The department and agency
17 planning documents shall include a prioritized listing of
18 planned expenditures for review and possible reduction in the
19 event of revenue shortfalls, as defined by general law. To
20 ensure productivity and efficiency in the executive,
21 legislative, and judicial branches, a quality management and
22 accountability program shall be implemented by general law.
23 For the purposes of this subsection, the terms department and
24 agency shall include the judicial branch. This subsection
25 shall be effective July 1, 1993.
26 (i) ANNUAL FORECAST. Effective July 1, 2005, the
27 legislature shall prepare annually, as prescribed by general
28 law, a five-year forecast of state revenue collections,
29 expenditures, and projected needs and future commitments of
30 the state. This forecast shall include documentation of any
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Florida Senate - 2004 SJR 2516
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1 planned issuance of debt or projections of the need for
2 issuing debt to address future needs of the state.
3 ARTICLE VII
4 FINANCE AND TAXATION
5 SECTION 19. State debt; limitation.--The legislature
6 may authorize the issuance of additional state tax-supported
7 debt only when such authorization would not cause the ratio of
8 debt service to revenue available to pay debt service on
9 tax-supported debt to exceed 6 percent. If the 6-percent ratio
10 will be exceeded, the authorization of such debt must be
11 accompanied by a legislative statement of determination that
12 such authorization and issuance is in the best interest of the
13 state and should be implemented. The legislature may not
14 authorize the issuance of additional state tax-supported debt
15 if such authorization would cause the ratio of debt service to
16 revenue available to pay debt service to exceed 7 percent,
17 except upon a vote of three-fourths of the membership of each
18 house of the legislature.
19 BE IT FURTHER RESOLVED that the following statement be
20 placed on the ballot:
21 CONSTITUTIONAL AMENDMENT
22 ARTICLE III, Section 19
23 ARTICLE VII, Section 19
24 PRESERVING FLORIDA'S FISCAL INTEGRITY.--Proposes an
25 amendment to the State Constitution to provide that one-fourth
26 of the annual increase in net general revenue funds collected
27 by the state must be placed in the Budget Stabilization Fund
28 until the fund balance equals 10 percent of the previous
29 year's net general revenue fund collections, to reduce the
30 amount of general revenue funds available to the Legislature
31 for appropriation for other purposes, and to place a
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Florida Senate - 2004 SJR 2516
43-1875-04 See HJR 687
1 presumptive limit on the percentage of state tax revenues that
2 may be pledged to pay for debt service; requires a specific
3 determination by the Legislature when approving the issuance
4 of state tax-supported debt which will approach the limit that
5 the issuance is in the best interest of the state; requires a
6 vote of three-fourths of the membership of each house of the
7 Legislature to approve the issuance of state tax-supported
8 debt above the presumptive limit; and requires that the
9 Legislature prepare an annual 5-year forecast of revenue
10 collections, expenditures, and needs, including a projection
11 of additional debt requirements.
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