Amendment
Bill No. 2506
Amendment No. 912513
CHAMBER ACTION
Senate House
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1Representative Negron offered the following:
2
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
6Section 1 of Article VII of the State Constitution set forth
7below are agreed to and shall be submitted to the electors of
8Florida for approval or rejection at the general election to be
9held in November 2004:
10
ARTICLE III
11
LEGISLATURE
12     SECTION 19.  State Budgeting, Planning and Appropriations
13Processes.--
14     (a)  ANNUAL BUDGETING.
15     (1)  Effective July 1, 1994, General law shall prescribe
16the adoption of annual state budgetary and planning processes
17and require that detail reflecting the annualized costs of the
18state budget and reflecting the nonrecurring costs of the budget
19requests shall accompany state department and agency legislative
20budget requests, the governor's recommended budget, and
21appropriation bills.
22     (2)  Unless approved by a three-fifths vote of the
23membership of each house, appropriations made for recurring
24purposes from nonrecurring general revenue funds for any fiscal
25year shall not exceed three percent of the total general revenue
26funds available.
27     (3)  Each state department and agency shall be required to
28submit a legislative budget request that is based upon and that
29reflects the long-range fiscal plan adopted by the joint
30legislative budget commission.
31     (4)  For purposes of this section subsection, the terms
32department and agency shall include the judicial branch.
33     (b)  APPROPRIATION BILLS FORMAT.  Separate sections within
34the general appropriation bill shall be used for each major
35program area of the state budget; major program areas shall
36include:  education enhancement "lottery" trust fund items;
37education (all other funds); human services; criminal justice
38and corrections; natural resources, environment, growth
39management, and transportation; general government; and judicial
40branch.  Each major program area shall include an itemization of
41expenditures for:  state operations; state capital outlay; aid
42to local governments and nonprofit organizations operations; aid
43to local governments and nonprofit organizations capital outlay;
44federal funds and the associated state matching funds; spending
45authorizations for operations; and spending authorizations for
46capital outlay.  Additionally, appropriation bills passed by the
47legislature shall include an itemization of specific
48appropriations that exceed one million dollars ($1,000,000.00)
49in 1992 dollars. For purposes of this subsection, "specific
50appropriation," "itemization," and "major program area" shall be
51defined by law.  This itemization threshold shall be adjusted by
52general law every four years to reflect the rate of inflation or
53deflation as indicated in the Consumer Price Index for All Urban
54Consumers, U.S. City Average, All Items, or successor reports as
55reported by the United States Department of Labor, Bureau of
56Labor Statistics or its successor. Substantive bills containing
57appropriations shall also be subject to the itemization
58requirement mandated under this provision and shall be subject
59to the governor's specific appropriation veto power described in
60Article III, Section 8.  This subsection shall be effective July
611, 1994.
62     (c)  APPROPRIATIONS REVIEW PROCESS.
63     (1)  No later than August 15 of each year, the joint
64legislative budget commission shall issue, as prescribed by
65general law or joint rule, a long-range plan setting out fiscal
66goals and objectives for the state and its departments and
67agencies. The long-range fiscal plan must include major workload
68and revenue estimates. In order to implement this paragraph, the
69joint legislative budget commission may request consensus
70estimating conferences to develop official estimates.
71     (2)  In consultation with the governor, the joint
72legislative budget commission shall issue instructions to the
73departments and agencies for developing legislative budget
74requests. Each year, no later than September 15 or such other
75date as may be established by the joint legislative budget
76commission, each department and agency shall submit a
77legislative budget request for the ensuing fiscal year to the
78legislature and to the governor. The legislative budget request
79must be consistent, as prescribed by general law or joint rule,
80with the long-range fiscal plan. The legislative budget request
81shall include a prioritized listing of planned expenditures for
82review and possible reduction in the event of revenue
83shortfalls, as defined by general law.
84     (3)  The joint legislative budget commission shall hold
85public hearings and seek public input, as prescribed by joint
86rule, in order to allow each department and agency to provide an
87independent assessment of the needs reflected in its current
88budget request. In addition, the commission shall review the
89performance measures proposed by the departments and agencies in
90order to ensure that necessary information is available to
91assist the legislature in making policy and budget decisions.
92     (4)  At least forty days before the convening of each
93regular session of the legislature, or such other date as may be
94established by the joint legislative budget commission, the
95governor shall provide a recommended budget and supporting
96legislation, balanced within revenue estimates adjusted for the
97anticipated effects of the supporting legislation, to the
98members of the legislature.
99     (5)  The legislature shall prescribe by general law
100conditions under which limited adjustments to the budget, as
101recommended by the governor or the chief justice of the supreme
102court, may be approved without the concurrence of the full
103legislature. Effective July 1, 1993, general law shall prescribe
104requirements for each department and agency of state government
105to submit a planning document and supporting budget request for
106review by the appropriations committees of both houses of the
107legislature. The review shall include a comparison of the major
108issues in the planning document and budget requests to those
109major issues included in the governor's recommended budget.  For
110purposes of this subsection, the terms department and agency
111shall include the judicial branch.
112     (d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.  All general
113appropriation bills shall be furnished to each member of the
114legislature, each member of the cabinet, the governor, and the
115chief justice of the supreme court at least seventy-two hours
116before final passage by either house of the legislature of the
117bill in the form that will be presented to the governor.
118     (e)  FINAL BUDGET REPORT.  Effective November 4, 1992, a
119final budget report shall be prepared as prescribed by general
120law.  The final budget report shall be produced no later than
121the 90th day after the beginning of the fiscal year, and copies
122of the report shall be furnished to each member of the
123legislature, the head of each department and agency of the
124state, the auditor general, and the chief justice of the supreme
125court.
126     (f)  TRUST FUNDS.
127     (1)  No trust fund of the State of Florida or other public
128body may be created by law without a three-fifths (3/5) vote of
129the membership of each house of the legislature in a separate
130bill for that purpose only.
131     (2)  State trust funds in existence before the effective
132date of this subsection shall terminate not more than four years
133after the effective date of this subsection.  State trust funds
134created after the effective date of this subsection shall
135terminate not more than four years after the effective date of
136the act authorizing the initial creation of the trust fund.  By
137law the legislature may set a shorter time period for which any
138trust fund is authorized.
139     (3)  Trust funds required by federal programs or mandates;
140trust funds established for bond covenants, indentures, or
141resolutions, whose revenues are legally pledged by the state or
142public body to meet debt service or other financial requirements
143of any debt obligations of the state or any public body; the
144state transportation trust fund; the trust fund containing the
145net annual proceeds from the Florida Education Lotteries; the
146Florida retirement trust fund; trust funds for institutions
147under the management of the Board of Regents, where such trust
148funds are for auxiliary enterprises and contracts, grants, and
149donations, as those terms are defined by general law; trust
150funds that serve as clearing funds or accounts for the chief
151financial officer or state agencies; trust funds that account
152for assets held by the state in a trustee capacity as an agent
153or fiduciary for individuals, private organizations, or other
154governmental units; and other trust funds authorized by this
155Constitution, are not subject to the requirements set forth in
156paragraph (2) of this subsection.
157     (4)  All cash balances and income of any trust funds
158abolished under this subsection shall be deposited into the
159general revenue fund.
160     (5)  The provisions of this subsection shall be effective
161November 4, 1992.
162     (g)  BUDGET STABILIZATION FUND.  Beginning with the 1994-
1631995 fiscal year, at least 1% of an amount equal to the last
164completed fiscal year's net revenue collections for the general
165revenue fund shall be retained in a budget stabilization fund.
166The budget stabilization fund shall be increased to at least 2%
167of said amount for the 1995-1996 fiscal year, at least 3% of
168said amount for the 1996-1997 fiscal year, at least 4% of said
169amount for the 1997-1998 fiscal year, and at least 5% of said
170amount for the 1998-1999 fiscal year.  Subject to the provisions
171of this subsection, the budget stabilization fund shall be
172maintained at an amount equal to at least 5% of the last
173completed fiscal year's net revenue collections for the general
174revenue fund shall be retained in a budget stabilization fund.  
175The budget stabilization fund's principal balance shall not
176exceed an amount equal to 10% of the last completed fiscal
177year's net revenue collections for the general revenue fund.  
178The legislature shall provide criteria for withdrawing funds
179from the budget stabilization fund in a separate bill for that
180purpose only and only for the purpose of covering revenue
181shortfalls of the general revenue fund or for the purpose of
182providing funding for an emergency, as defined by general law.  
183General law shall provide for the restoration of this fund.  The
184budget stabilization fund shall be comprised of funds not
185otherwise obligated or committed for any purpose.
186     (h)  LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
187AGENCY PLANNING DOCUMENT PROCESSES.  General law shall provide
188for a long-range state planning document. The governor shall
189recommend to the legislature biennially any revisions to the
190long-range state planning document, as defined by law. General
191law shall require a biennial review and revision of the long-
192range state planning document, shall require the governor to
193report to the legislature on the progress in achieving the state
194planning document's goals, and shall require all departments and
195agencies of state government to develop planning documents that
196identify statewide strategic goals and objectives, consistent
197with the long-range state planning document. The long-range
198state planning document and department and agency planning
199documents shall remain subject to review and revision by the
200legislature. The joint legislative budget commission may provide
201policies and goals that shall be incorporated into the long-
202range state planning document. The long-range state planning
203document must include projections of future needs and resources
204of the state which are consistent with the long-range fiscal
205plan. The department and agency planning documents shall include
206a prioritized listing of planned expenditures for review and
207possible reduction in the event of revenue shortfalls, as
208defined by general law. To ensure productivity and efficiency in
209the executive, legislative, and judicial branches, a quality
210management and accountability program shall be implemented by
211general law.  For the purposes of this subsection, the terms
212department and agency shall include the judicial branch.  This
213subsection shall be effective July 1, 1993.
214     (i)  GOVERNMENT EFFICIENCY TASK FORCE.  During January of
2152007, and each fourth year thereafter, the president of the
216senate and the speaker of the house of representatives shall
217appoint a government efficiency task force, the membership of
218which shall be established by general law. The task force shall
219be composed of members of the legislature and representatives
220from the private sector who shall develop recommendations for
221improving governmental operations and reducing costs. Staff to
222assist the task force in performing its duties shall be assigned
223by general law, and the task force may obtain assistance from
224the private sector. The task force shall complete its work
225within one year and shall submit its recommendations to the
226joint legislative budget commission, the governor, and the chief
227justice of the supreme court.
228     (j)  JOINT LEGISLATIVE BUDGET COMMISSION.  There is created
229the joint legislative budget commission composed of the
230following members: the president pro tempore of the senate and
231four additional senate members appointed by the president of the
232senate, one of whom must be the chair of the senate
233appropriations committee; and the speaker pro tempore of the
234house of representatives and four additional house members
235appointed by the speaker of the house of representatives, one of
236whom must be the chair of the house appropriations committee.
237Each member shall serve at the pleasure of the officer who
238appointed the member. A vacancy on the commission shall be
239filled in the same manner as the original appointment. From
240November of each odd-numbered year through October of each even-
241numbered year, the chair of the joint legislative budget
242commission shall be the president pro tempore of the senate and
243the vice chair of the commission shall be the speaker pro
244tempore of the house of representatives. From November of each
245even-numbered year through October of each odd-numbered year,
246the chair of the joint legislative budget commission shall be
247the speaker pro tempore of the house of representatives and the
248vice chair of the commission shall be the president pro tempore
249of the senate. The joint legislative budget commission shall be
250governed by the joint rules of the senate and the house of
251representatives, which shall remain in effect until repealed or
252amended by concurrent resolution. The commission shall convene
253at least quarterly and shall convene at the call of the
254president of the senate and speaker of the house of
255representatives. A majority of the commission members of each
256house constitutes a quorum. Action by the commission requires a
257majority vote of the commission members present of each house.
258The commission may conduct its meetings through teleconferences
259or similar means. In addition to the powers and duties specified
260in this subsection, the joint legislative budget commission
261shall exercise all other powers and perform any other duties
262prescribed by general law or joint rule.
263
ARTICLE VII
264
FINANCE AND TAXATION
265     SECTION 1.  Taxation; appropriations; state expenses; state
266revenue limitation.--
267     (a)  No tax shall be levied except in pursuance of law. No
268state ad valorem taxes shall be levied upon real estate or
269tangible personal property. All other forms of taxation shall be
270preempted to the state except as provided by general law.
271     (b)  Motor vehicles, boats, airplanes, trailers, trailer
272coaches and mobile homes, as defined by law, shall be subject to
273a license tax for their operation in the amounts and for the
274purposes prescribed by law, but shall not be subject to ad
275valorem taxes.
276     (c)  No money shall be drawn from the treasury except in
277pursuance of appropriation made by law.
278     (d)  Provision shall be made by law for raising sufficient
279revenue to defray the expenses of the state for each fiscal
280period.
281     (e)  A law enacted after January 1, 2005, may not impose a
282tax, expand a tax base, increase a tax rate, or repeal a tax
283exemption, unless the law is enacted in a separate bill for that
284purpose only by a two-thirds vote of the membership of each
285house of the legislature.
286     (f)(e)  Except as provided herein, state revenues collected
287for any fiscal year shall be limited to state revenues allowed
288under this subsection for the prior fiscal year plus an
289adjustment for growth. As used in this subsection, "growth"
290means an amount equal to the average annual rate of growth in
291Florida personal income over the most recent twenty quarters
292times the state revenues allowed under this subsection for the
293prior fiscal year. For the 2005-2006 1995-1996 fiscal year and
294thereafter, the state revenues allowed under this subsection for
295the prior fiscal year shall equal the actual state revenues
296collected for the prior 1994-1995 fiscal year less the amount by
297which actual collections in that year exceed the state revenues
298allowed in that year. Florida personal income shall be
299determined by the legislature, from information available from
300the United States Department of Commerce or its successor on the
301first day of February prior to the beginning of the fiscal year.
302State revenues collected for any fiscal year in excess of this
303limitation shall be transferred to the budget stabilization fund
304until the fund reaches the maximum balance specified in Section
30519(g) of Article III, and thereafter shall be refunded to
306taxpayers as provided by general law. State revenues allowed
307under this subsection for any fiscal year may be increased by a
308two-thirds vote of the membership of each house of the
309legislature in a separate bill that contains no other subject
310and that sets forth the dollar amount by which the state
311revenues allowed will be increased. The vote may not be taken
312less than seventy-two hours after the third reading of the bill.
313For purposes of this subsection, "state revenues" means taxes,
314fees, licenses, and charges for goods and services imposed by
315the legislature on individuals, businesses, or agencies outside
316state government. However, "state revenues" does not include:
317revenues that are necessary to meet the requirements set forth
318in documents authorizing the issuance of bonds by the state;
319revenues that are used to provide matching funds for the federal
320Medicaid program with the exception of the revenues used to
321support the Public Medical Assistance Trust Fund or its
322successor program and with the exception of state matching funds
323used to fund elective expansions made after July 1, 1994;
324proceeds from the state lottery returned as prizes; receipts of
325the Florida Hurricane Catastrophe Fund; balances carried forward
326from prior fiscal years; taxes, licenses, fees, and charges for
327goods and services imposed by local, regional, or school
328district governing bodies; or revenue from taxes, licenses,
329fees, and charges for goods and services required to be imposed
330by any amendment or revision to this constitution after July 1,
3311994. An adjustment to the revenue limitation shall be made by
332general law to reflect the fiscal impact of transfers of
333responsibility for the funding of governmental functions between
334the state and other levels of government. The legislature shall,
335by general law, prescribe procedures necessary to administer
336this subsection.
337     BE IT FURTHER RESOLVED that the title and substance of the
338amendments proposed herein shall appear on the ballot as
339follows:
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
343Section 1 of Article VII of the State Constitution to limit the
344amount of nonrecurring general revenue which may be appropriated
345for recurring purposes in any fiscal year to 3 percent of the
346total general revenue funds available, unless otherwise approved
347by a three-fifths vote of the Legislature; to establish a Joint
348Legislative Budget Commission, which shall issue long-range
349fiscal plans and hold public hearings; to provide requirements
350for the Governor in submitting a recommended budget and for
351state agencies in preparing and submitting budget requests; to
352provide for limited adjustments in the state budget, as provided
353by law; to require termination of a trust fund 4 years following
354its initial creation; to require the preparation and biennial
355revision of a long-range state planning document; to establish a
356Government Efficiency Task Force and specify its duties; to
357require limits on legislative imposition of or increase in
358taxes, expansion of a tax base, or repeal of a tax exemption by
359requiring a separate bill for that purpose only and an
360extraordinary vote; to change the existing limit on the amount
361of revenues the state can receive each year; to limit the growth
362in actual revenues from one year to the next, as opposed to the
363current provision which limits growth in revenues over the
364allowable limit in the prior year; to delete the exclusion from
365"state revenues" of revenues that are used to provide matching
366funds 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
369local, regional, or school district governing bodies or by any
370subsequent amendment or revision to the State Constitution from
371the 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
377A joint resolution proposing amendments to Section 19 of
378Article III and Section 1 of Article VII of the State
379Constitution, relating to requirements for state budget
380planning, spending, and accountability, to a limitation on
381legislative power to impose a tax, expand a tax base,
382increase a tax rate, or repeal a tax exemption, and to the
383limitation on state revenue collections.


CODING: Words stricken are deletions; words underlined are additions.