| 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 |
|
| 373 |
|
| 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. |