1 | Representative Negron offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the resolving clause and insert: |
5 | That the amendments to Section 19 of Article III and |
6 | Section 1 of Article VII of the State Constitution set forth |
7 | below are agreed to and shall be submitted to the electors of |
8 | Florida for approval or rejection at the general election to be |
9 | held in November 2004: |
10 | ARTICLE III |
11 | LEGISLATURE |
12 | SECTION 19. State Budgeting, Planning and Appropriations |
13 | Processes.-- |
14 | (a) ANNUAL BUDGETING. |
15 | (1) Effective July 1, 1994, General law shall prescribe |
16 | the adoption of annual state budgetary and planning processes |
17 | and require that detail reflecting the annualized costs of the |
18 | state budget and reflecting the nonrecurring costs of the budget |
19 | requests shall accompany state department and agency legislative |
20 | budget requests, the governor's recommended budget, and |
21 | appropriation bills. |
22 | (2) Unless approved by a three-fifths vote of the |
23 | membership of each house, appropriations made for recurring |
24 | purposes from nonrecurring general revenue funds for any fiscal |
25 | year shall not exceed three percent of the total general revenue |
26 | funds available. |
27 | (3) Each state department and agency shall be required to |
28 | submit a legislative budget request that is based upon and that |
29 | reflects the long-range fiscal plan adopted by the joint |
30 | legislative budget commission. |
31 | (4) For purposes of this section subsection, the terms |
32 | department and agency shall include the judicial branch. |
33 | (b) APPROPRIATION BILLS FORMAT. Separate sections within |
34 | the general appropriation bill shall be used for each major |
35 | program area of the state budget; major program areas shall |
36 | include: education enhancement "lottery" trust fund items; |
37 | education (all other funds); human services; criminal justice |
38 | and corrections; natural resources, environment, growth |
39 | management, and transportation; general government; and judicial |
40 | branch. Each major program area shall include an itemization of |
41 | expenditures for: state operations; state capital outlay; aid |
42 | to local governments and nonprofit organizations operations; aid |
43 | to local governments and nonprofit organizations capital outlay; |
44 | federal funds and the associated state matching funds; spending |
45 | authorizations for operations; and spending authorizations for |
46 | capital outlay. Additionally, appropriation bills passed by the |
47 | legislature shall include an itemization of specific |
48 | appropriations that exceed one million dollars ($1,000,000.00) |
49 | in 1992 dollars. For purposes of this subsection, "specific |
50 | appropriation," "itemization," and "major program area" shall be |
51 | defined by law. This itemization threshold shall be adjusted by |
52 | general law every four years to reflect the rate of inflation or |
53 | deflation as indicated in the Consumer Price Index for All Urban |
54 | Consumers, U.S. City Average, All Items, or successor reports as |
55 | reported by the United States Department of Labor, Bureau of |
56 | Labor Statistics or its successor. Substantive bills containing |
57 | appropriations shall also be subject to the itemization |
58 | requirement mandated under this provision and shall be subject |
59 | to the governor's specific appropriation veto power described in |
60 | Article III, Section 8. This subsection shall be effective July |
61 | 1, 1994. |
62 | (c) APPROPRIATIONS REVIEW PROCESS. |
63 | (1) No later than August 15 of each year, the joint |
64 | legislative budget commission shall issue, as prescribed by |
65 | general law or joint rule, a long-range plan setting out fiscal |
66 | goals and objectives for the state and its departments and |
67 | agencies. The long-range fiscal plan must include major workload |
68 | and revenue estimates. In order to implement this paragraph, the |
69 | joint legislative budget commission may request consensus |
70 | estimating conferences to develop official estimates. |
71 | (2) In consultation with the governor, the joint |
72 | legislative budget commission shall issue instructions to the |
73 | departments and agencies for developing legislative budget |
74 | requests. Each year, no later than September 15 or such other |
75 | date as may be established by the joint legislative budget |
76 | commission, each department and agency shall submit a |
77 | legislative budget request for the ensuing fiscal year to the |
78 | legislature and to the governor. The legislative budget request |
79 | must be consistent, as prescribed by general law or joint rule, |
80 | with the long-range fiscal plan. The legislative budget request |
81 | shall include a prioritized listing of planned expenditures for |
82 | review and possible reduction in the event of revenue |
83 | shortfalls, as defined by general law. |
84 | (3) The joint legislative budget commission shall hold |
85 | public hearings and seek public input, as prescribed by joint |
86 | rule, in order to allow each department and agency to provide an |
87 | independent assessment of the needs reflected in its current |
88 | budget request. In addition, the commission shall review the |
89 | performance measures proposed by the departments and agencies in |
90 | order to ensure that necessary information is available to |
91 | assist the legislature in making policy and budget decisions. |
92 | (4) At least forty days before the convening of each |
93 | regular session of the legislature, or such other date as may be |
94 | established by the joint legislative budget commission, the |
95 | governor shall provide a recommended budget and supporting |
96 | legislation, balanced within revenue estimates adjusted for the |
97 | anticipated effects of the supporting legislation, to the |
98 | members of the legislature. |
99 | (5) The legislature shall prescribe by general law |
100 | conditions under which limited adjustments to the budget, as |
101 | recommended by the governor or the chief justice of the supreme |
102 | court, may be approved without the concurrence of the full |
103 | legislature. Effective July 1, 1993, general law shall prescribe |
104 | requirements for each department and agency of state government |
105 | to submit a planning document and supporting budget request for |
106 | review by the appropriations committees of both houses of the |
107 | legislature. The review shall include a comparison of the major |
108 | issues in the planning document and budget requests to those |
109 | major issues included in the governor's recommended budget. For |
110 | purposes of this subsection, the terms department and agency |
111 | shall include the judicial branch. |
112 | (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general |
113 | appropriation bills shall be furnished to each member of the |
114 | legislature, each member of the cabinet, the governor, and the |
115 | chief justice of the supreme court at least seventy-two hours |
116 | before final passage by either house of the legislature of the |
117 | bill in the form that will be presented to the governor. |
118 | (e) FINAL BUDGET REPORT. Effective November 4, 1992, a |
119 | final budget report shall be prepared as prescribed by general |
120 | law. The final budget report shall be produced no later than |
121 | the 90th day after the beginning of the fiscal year, and copies |
122 | of the report shall be furnished to each member of the |
123 | legislature, the head of each department and agency of the |
124 | state, the auditor general, and the chief justice of the supreme |
125 | court. |
126 | (f) TRUST FUNDS. |
127 | (1) No trust fund of the State of Florida or other public |
128 | body may be created by law without a three-fifths (3/5) vote of |
129 | the membership of each house of the legislature in a separate |
130 | bill for that purpose only. |
131 | (2) State trust funds in existence before the effective |
132 | date of this subsection shall terminate not more than four years |
133 | after the effective date of this subsection. State trust funds |
134 | created after the effective date of this subsection shall |
135 | terminate not more than four years after the effective date of |
136 | the act authorizing the initial creation of the trust fund. By |
137 | law the legislature may set a shorter time period for which any |
138 | trust fund is authorized. |
139 | (3) Trust funds required by federal programs or mandates; |
140 | trust funds established for bond covenants, indentures, or |
141 | resolutions, whose revenues are legally pledged by the state or |
142 | public body to meet debt service or other financial requirements |
143 | of any debt obligations of the state or any public body; the |
144 | state transportation trust fund; the trust fund containing the |
145 | net annual proceeds from the Florida Education Lotteries; the |
146 | Florida retirement trust fund; trust funds for institutions |
147 | under the management of the Board of Regents, where such trust |
148 | funds are for auxiliary enterprises and contracts, grants, and |
149 | donations, as those terms are defined by general law; trust |
150 | funds that serve as clearing funds or accounts for the chief |
151 | financial officer or state agencies; trust funds that account |
152 | for assets held by the state in a trustee capacity as an agent |
153 | or fiduciary for individuals, private organizations, or other |
154 | governmental units; and other trust funds authorized by this |
155 | Constitution, are not subject to the requirements set forth in |
156 | paragraph (2) of this subsection. |
157 | (4) All cash balances and income of any trust funds |
158 | abolished under this subsection shall be deposited into the |
159 | general revenue fund. |
160 | (5) The provisions of this subsection shall be effective |
161 | November 4, 1992. |
162 | (g) BUDGET STABILIZATION FUND. Beginning with the 1994- |
163 | 1995 fiscal year, at least 1% of an amount equal to the last |
164 | completed fiscal year's net revenue collections for the general |
165 | revenue fund shall be retained in a budget stabilization fund. |
166 | The budget stabilization fund shall be increased to at least 2% |
167 | of said amount for the 1995-1996 fiscal year, at least 3% of |
168 | said amount for the 1996-1997 fiscal year, at least 4% of said |
169 | amount for the 1997-1998 fiscal year, and at least 5% of said |
170 | amount for the 1998-1999 fiscal year. Subject to the provisions |
171 | of this subsection, the budget stabilization fund shall be |
172 | maintained at an amount equal to at least 5% of the last |
173 | completed fiscal year's net revenue collections for the general |
174 | revenue fund shall be retained in a budget stabilization fund. |
175 | The budget stabilization fund's principal balance shall not |
176 | exceed an amount equal to 10% of the last completed fiscal |
177 | year's net revenue collections for the general revenue fund. |
178 | The legislature shall provide criteria for withdrawing funds |
179 | from the budget stabilization fund in a separate bill for that |
180 | purpose only and only for the purpose of covering revenue |
181 | shortfalls of the general revenue fund or for the purpose of |
182 | providing funding for an emergency, as defined by general law. |
183 | General law shall provide for the restoration of this fund. The |
184 | budget stabilization fund shall be comprised of funds not |
185 | otherwise obligated or committed for any purpose. |
186 | (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND |
187 | AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide |
188 | for a long-range state planning document. The governor shall |
189 | recommend to the legislature biennially any revisions to the |
190 | long-range state planning document, as defined by law. General |
191 | law shall require a biennial review and revision of the long- |
192 | range state planning document, shall require the governor to |
193 | report to the legislature on the progress in achieving the state |
194 | planning document's goals, and shall require all departments and |
195 | agencies of state government to develop planning documents that |
196 | identify statewide strategic goals and objectives, consistent |
197 | with the long-range state planning document. The long-range |
198 | state planning document and department and agency planning |
199 | documents shall remain subject to review and revision by the |
200 | legislature. The joint legislative budget commission may provide |
201 | policies and goals that shall be incorporated into the long- |
202 | range state planning document. The long-range state planning |
203 | document must include projections of future needs and resources |
204 | of the state which are consistent with the long-range fiscal |
205 | plan. The department and agency planning documents shall include |
206 | a prioritized listing of planned expenditures for review and |
207 | possible reduction in the event of revenue shortfalls, as |
208 | defined by general law. To ensure productivity and efficiency in |
209 | the executive, legislative, and judicial branches, a quality |
210 | management and accountability program shall be implemented by |
211 | general law. For the purposes of this subsection, the terms |
212 | department and agency shall include the judicial branch. This |
213 | subsection shall be effective July 1, 1993. |
214 | (i) GOVERNMENT EFFICIENCY TASK FORCE. During January of |
215 | 2007, and each fourth year thereafter, the president of the |
216 | senate and the speaker of the house of representatives shall |
217 | appoint a government efficiency task force, the membership of |
218 | which shall be established by general law. The task force shall |
219 | be composed of members of the legislature and representatives |
220 | from the private sector who shall develop recommendations for |
221 | improving governmental operations and reducing costs. Staff to |
222 | assist the task force in performing its duties shall be assigned |
223 | by general law, and the task force may obtain assistance from |
224 | the private sector. The task force shall complete its work |
225 | within one year and shall submit its recommendations to the |
226 | joint legislative budget commission, the governor, and the chief |
227 | justice of the supreme court. |
228 | (j) JOINT LEGISLATIVE BUDGET COMMISSION. There is created |
229 | the joint legislative budget commission composed of the |
230 | following members: the president pro tempore of the senate and |
231 | four additional senate members appointed by the president of the |
232 | senate, one of whom must be the chair of the senate |
233 | appropriations committee; and the speaker pro tempore of the |
234 | house of representatives and four additional house members |
235 | appointed by the speaker of the house of representatives, one of |
236 | whom must be the chair of the house appropriations committee. |
237 | Each member shall serve at the pleasure of the officer who |
238 | appointed the member. A vacancy on the commission shall be |
239 | filled in the same manner as the original appointment. From |
240 | November of each odd-numbered year through October of each even- |
241 | numbered year, the chair of the joint legislative budget |
242 | commission shall be the president pro tempore of the senate and |
243 | the vice chair of the commission shall be the speaker pro |
244 | tempore of the house of representatives. From November of each |
245 | even-numbered year through October of each odd-numbered year, |
246 | the chair of the joint legislative budget commission shall be |
247 | the speaker pro tempore of the house of representatives and the |
248 | vice chair of the commission shall be the president pro tempore |
249 | of the senate. The joint legislative budget commission shall be |
250 | governed by the joint rules of the senate and the house of |
251 | representatives, which shall remain in effect until repealed or |
252 | amended by concurrent resolution. The commission shall convene |
253 | at least quarterly and shall convene at the call of the |
254 | president of the senate and speaker of the house of |
255 | representatives. A majority of the commission members of each |
256 | house constitutes a quorum. Action by the commission requires a |
257 | majority vote of the commission members present of each house. |
258 | The commission may conduct its meetings through teleconferences |
259 | or similar means. In addition to the powers and duties specified |
260 | in this subsection, the joint legislative budget commission |
261 | shall exercise all other powers and perform any other duties |
262 | prescribed by general law or joint rule. |
263 | ARTICLE VII |
264 | FINANCE AND TAXATION |
265 | SECTION 1. Taxation; appropriations; state expenses; state |
266 | revenue limitation.-- |
267 | (a) No tax shall be levied except in pursuance of law. No |
268 | state ad valorem taxes shall be levied upon real estate or |
269 | tangible personal property. All other forms of taxation shall be |
270 | preempted to the state except as provided by general law. |
271 | (b) Motor vehicles, boats, airplanes, trailers, trailer |
272 | coaches and mobile homes, as defined by law, shall be subject to |
273 | a license tax for their operation in the amounts and for the |
274 | purposes prescribed by law, but shall not be subject to ad |
275 | valorem taxes. |
276 | (c) No money shall be drawn from the treasury except in |
277 | pursuance of appropriation made by law. |
278 | (d) Provision shall be made by law for raising sufficient |
279 | revenue to defray the expenses of the state for each fiscal |
280 | period. |
281 | (e) A law enacted after January 1, 2005, may not impose a |
282 | tax, expand a tax base, increase a tax rate, or repeal a tax |
283 | exemption, unless the law is enacted in a separate bill for that |
284 | purpose only by a two-thirds vote of the membership of each |
285 | house of the legislature. |
286 | (f)(e) Except as provided herein, state revenues collected |
287 | for any fiscal year shall be limited to state revenues allowed |
288 | under this subsection for the prior fiscal year plus an |
289 | adjustment for growth. As used in this subsection, "growth" |
290 | means an amount equal to the average annual rate of growth in |
291 | Florida personal income over the most recent twenty quarters |
292 | times the state revenues allowed under this subsection for the |
293 | prior fiscal year. For the 2005-2006 1995-1996 fiscal year and |
294 | thereafter, the state revenues allowed under this subsection for |
295 | the prior fiscal year shall equal the actual state revenues |
296 | collected for the prior 1994-1995 fiscal year less the amount by |
297 | which actual collections in that year exceed the state revenues |
298 | allowed in that year. Florida personal income shall be |
299 | determined by the legislature, from information available from |
300 | the United States Department of Commerce or its successor on the |
301 | first day of February prior to the beginning of the fiscal year. |
302 | State revenues collected for any fiscal year in excess of this |
303 | limitation shall be transferred to the budget stabilization fund |
304 | until the fund reaches the maximum balance specified in Section |
305 | 19(g) of Article III, and thereafter shall be refunded to |
306 | taxpayers as provided by general law. State revenues allowed |
307 | under this subsection for any fiscal year may be increased by a |
308 | two-thirds vote of the membership of each house of the |
309 | legislature in a separate bill that contains no other subject |
310 | and that sets forth the dollar amount by which the state |
311 | revenues allowed will be increased. The vote may not be taken |
312 | less than seventy-two hours after the third reading of the bill. |
313 | For purposes of this subsection, "state revenues" means taxes, |
314 | fees, licenses, and charges for goods and services imposed by |
315 | the legislature on individuals, businesses, or agencies outside |
316 | state government. However, "state revenues" does not include: |
317 | revenues that are necessary to meet the requirements set forth |
318 | in documents authorizing the issuance of bonds by the state; |
319 | revenues that are used to provide matching funds for the federal |
320 | Medicaid program with the exception of the revenues used to |
321 | support the Public Medical Assistance Trust Fund or its |
322 | successor program and with the exception of state matching funds |
323 | used to fund elective expansions made after July 1, 1994; |
324 | proceeds from the state lottery returned as prizes; receipts of |
325 | the Florida Hurricane Catastrophe Fund; balances carried forward |
326 | from prior fiscal years; taxes, licenses, fees, and charges for |
327 | goods and services imposed by local, regional, or school |
328 | district governing bodies; or revenue from taxes, licenses, |
329 | fees, and charges for goods and services required to be imposed |
330 | by any amendment or revision to this constitution after July 1, |
331 | 1994. An adjustment to the revenue limitation shall be made by |
332 | general law to reflect the fiscal impact of transfers of |
333 | responsibility for the funding of governmental functions between |
334 | the state and other levels of government. The legislature shall, |
335 | by general law, prescribe procedures necessary to administer |
336 | this subsection. |
337 | BE IT FURTHER RESOLVED that the title and substance of the |
338 | amendments proposed herein shall appear on the ballot as |
339 | follows: |
340 | STATE PLANNING AND BUDGETING; LIMITATIONS ON STATE |
341 | REVENUES, LEGISLATIVE POWER TO IMPOSE OR INCREASE TAXES |
342 | Proposes amendments to Section 19 of Article III and |
343 | Section 1 of Article VII of the State Constitution to limit the |
344 | amount of nonrecurring general revenue which may be appropriated |
345 | for recurring purposes in any fiscal year to 3 percent of the |
346 | total general revenue funds available, unless otherwise approved |
347 | by a three-fifths vote of the Legislature; to establish a Joint |
348 | Legislative Budget Commission, which shall issue long-range |
349 | fiscal plans and hold public hearings; to provide requirements |
350 | for the Governor in submitting a recommended budget and for |
351 | state agencies in preparing and submitting budget requests; to |
352 | provide for limited adjustments in the state budget, as provided |
353 | by law; to require termination of a trust fund 4 years following |
354 | its initial creation; to require the preparation and biennial |
355 | revision of a long-range state planning document; to establish a |
356 | Government Efficiency Task Force and specify its duties; to |
357 | require limits on legislative imposition of or increase in |
358 | taxes, expansion of a tax base, or repeal of a tax exemption by |
359 | requiring a separate bill for that purpose only and an |
360 | extraordinary vote; to change the existing limit on the amount |
361 | of revenues the state can receive each year; to limit the growth |
362 | in actual revenues from one year to the next, as opposed to the |
363 | current provision which limits growth in revenues over the |
364 | allowable limit in the prior year; to delete the exclusion from |
365 | "state revenues" of revenues that are used to provide matching |
366 | funds for the federal Medicaid program; to include charges for |
367 | "goods" imposed by the Legislature within the definition of |
368 | "state revenues"; and to exclude charges for "goods" imposed by |
369 | local, regional, or school district governing bodies or by any |
370 | subsequent amendment or revision to the State Constitution from |
371 | the definition of "state revenues." |
372 |
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373 |
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374 | ================= T I T L E A M E N D M E N T ================= |
375 | Remove the entire title and insert: |
376 | Senate Joint Resolution No. 2506 |
377 | A joint resolution proposing amendments to Section 19 of |
378 | Article III and Section 1 of Article VII of the State |
379 | Constitution, relating to requirements for state budget |
380 | planning, spending, and accountability, to a limitation on |
381 | legislative power to impose a tax, expand a tax base, |
382 | increase a tax rate, or repeal a tax exemption, and to the |
383 | limitation on state revenue collections. |