HJR 1821

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 19 of
3	Article III of the State Constitution relating to
4	requirements for state budget planning, spending, and
5	accountability.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
9	That the amendment to Section 19 of Article III of the
10	State Constitution set forth below is agreed to and shall be
11	submitted to the electors of Florida for approval or rejection
12	at the general election to be held in November 2006:
13	ARTICLE III
14	LEGISLATURE
15	SECTION 19.  State Budgeting, Planning and Appropriations
16	Processes.--
17	(a)  ANNUAL BUDGETING.
18	(1)  Effective July 1, 1994, General law shall prescribe
19	the adoption of annual state budgetary and planning processes
20	and require that detail reflecting the annualized costs of the
21	state budget and reflecting the nonrecurring costs of the budget
22	requests shall accompany state department and agency legislative
23	budget requests, the governor's recommended budget, and
24	appropriation bills.
25	(2)  Unless approved by a three-fifths vote of the
26	membership of each house, appropriations made for recurring
27	purposes from nonrecurring general revenue funds for any fiscal
28	year shall not exceed three percent of the total general revenue
29	funds estimated to be available at the time such appropriation
30	is made.
31	(3)  As prescribed by general law, each state department
32	and agency shall be required to submit a legislative budget
33	request that is based upon and that reflects the long-range
34	financial outlook adopted by the joint legislative budget
35	commission or that specifically explains any variance from the
36	long-range financial outlook contained in the request.
37	(4)  For purposes of this section subsection, the terms
38	department and agency shall include the judicial branch.
39	(b)  APPROPRIATION BILLS FORMAT.  Separate sections within
40	the general appropriation bill shall be used for each major
41	program area of the state budget; major program areas shall
42	include: education enhancement "lottery" trust fund items;
43	education (all other funds); human services; criminal justice
44	and corrections; natural resources, environment, growth
45	management, and transportation; general government; and judicial
46	branch. Each major program area shall include an itemization of
47	expenditures for: state operations; state capital outlay; aid to
48	local governments and nonprofit organizations operations; aid to
49	local governments and nonprofit organizations capital outlay;
50	federal funds and the associated state matching funds; spending
51	authorizations for operations; and spending authorizations for
52	capital outlay. Additionally, appropriation bills passed by the
53	legislature shall include an itemization of specific
54	appropriations that exceed one million dollars ($1,000,000.00)
55	in 1992 dollars. For purposes of this subsection, "specific
56	appropriation," "itemization," and "major program area" shall be
57	defined by law. This itemization threshold shall be adjusted by
58	general law every four years to reflect the rate of inflation or
59	deflation as indicated in the Consumer Price Index for All Urban
60	Consumers, U.S. City Average, All Items, or successor reports as
61	reported by the United States Department of Labor, Bureau of
62	Labor Statistics or its successor. Substantive bills containing
63	appropriations shall also be subject to the itemization
64	requirement mandated under this provision and shall be subject
65	to the governor's specific appropriation veto power described in
66	Article III, Section 8. This subsection shall be effective July
67	1, 1994.
68	(c)  APPROPRIATIONS REVIEW PROCESS.
69	(1)  No later than September 15 of each year, the joint
70	legislative budget commission shall issue a long-range financial
71	outlook setting out fiscal strategies for the state and its
72	departments and agencies in order to assist the legislature in
73	making policy and budget decisions. The long-range financial
74	outlook must include major workload and revenue estimates. In
75	order to implement this paragraph, the joint legislative budget
76	commission shall use current official consensus estimates and
77	may request the development of additional official estimates.
78	(2)  The joint legislative budget commission shall seek
79	input from the public and from state agencies and departments
80	when developing and implementing the long-range financial
81	outlook.
82	(3)  The legislature shall prescribe by general law
83	conditions under which limited adjustments to the budget, as
84	recommended by the governor or the chief justice of the supreme
85	court, may be approved without the concurrence of the full
86	legislature. Effective July 1, 1993, general law shall prescribe
87	requirements for each department and agency of state government
88	to submit a planning document and supporting budget request for
89	review by the appropriations committees of both houses of the
90	legislature. The review shall include a comparison of the major
91	issues in the planning document and budget requests to those
92	major issues included in the governor's recommended budget. For
93	purposes of this subsection, the terms department and agency
94	shall include the judicial branch.
95	(d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.  All general
96	appropriation bills shall be furnished to each member of the
97	legislature, each member of the cabinet, the governor, and the
98	chief justice of the supreme court at least seventy-two hours
99	before final passage by either house of the legislature of the
100	bill in the form that will be presented to the governor.
101	(e)  FINAL BUDGET REPORT.  Effective November 4, 1992, A
102	final budget report shall be prepared as prescribed by general
103	law. The final budget report shall be produced no later than the
104	120th 90th day after the beginning of the fiscal year, and
105	copies of the report shall be furnished to each member of the
106	legislature, the head of each department and agency of the
107	state, the auditor general, and the chief justice of the supreme
108	court.
109	(f)  TRUST FUNDS.
110	(1)  No trust fund of the State of Florida or other public
111	body may be created or re-created by law without a three-fifths
112	(3/5) vote of the membership of each house of the legislature in
113	a separate bill for that purpose only.
114	(2)  State trust funds in existence before the effective
115	date of this subsection shall terminate not more than four years
116	after the effective date of this subsection. State trust funds
117	created after the effective date of this subsection shall
118	terminate not more than four years after the effective date of
119	the act authorizing the initial creation of the trust fund. By
120	law the legislature may set a shorter time period for which any
121	trust fund is authorized.
122	(3)  Trust funds required by federal programs or mandates;
123	trust funds established for bond covenants, indentures, or
124	resolutions, whose revenues are legally pledged by the state or
125	public body to meet debt service or other financial requirements
126	of any debt obligations of the state or any public body; the
127	state transportation trust fund; the trust fund containing the
128	net annual proceeds from the Florida Education Lotteries; the
129	Florida retirement trust fund; trust funds for institutions
130	under the management of the Board of Governors Regents, where
131	such trust funds are for auxiliary enterprises and contracts,
132	grants, and donations, as those terms are defined by general
133	law; trust funds that serve as clearing funds or accounts for
134	the chief financial officer or state agencies; trust funds that
135	account for assets held by the state in a trustee capacity as an
136	agent or fiduciary for individuals, private organizations, or
137	other governmental units; and other trust funds authorized by
138	this Constitution, are not subject to the requirements set forth
139	in paragraph (2) of this subsection.
140	(4)  All cash balances and income of any trust funds
141	abolished under this subsection shall be deposited into the
142	general revenue fund.
143	(5)  The provisions of this subsection shall be effective
144	November 4, 1992.
145	(g)  BUDGET STABILIZATION FUND.  Beginning with the 1994-
146	1995 fiscal year, at least 1% of an amount equal to the last
147	completed fiscal year's net revenue collections for the general
148	revenue fund shall be retained in a budget stabilization fund.
149	The budget stabilization fund shall be increased to at least 2%
150	of said amount for the 1995-1996 fiscal year, at least 3% of
151	said amount for the 1996-1997 fiscal year, at least 4% of said
152	amount for the 1997-1998 fiscal year, and at least 5% of said
153	amount for the 1998-1999 fiscal year. Subject to the provisions
154	of this subsection, the budget stabilization fund shall be
155	maintained at an amount equal to at least 5% of the last
156	completed fiscal year's net revenue collections for the general
157	revenue fund shall be retained in the budget stabilization fund.
158	The budget stabilization fund's principal balance shall not
159	exceed an amount equal to 10% of the last completed fiscal
160	year's net revenue collections for the general revenue fund. The
161	legislature shall provide criteria for withdrawing funds from
162	the budget stabilization fund in a separate bill for that
163	purpose only and only for the purpose of covering revenue
164	shortfalls of the general revenue fund or for the purpose of
165	providing funding for an emergency, as defined by general law.
166	General law shall provide for the restoration of this fund. The
167	budget stabilization fund shall be comprised of funds not
168	otherwise obligated or committed for any purpose.
169	(h)  LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
170	AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide
171	for a long-range state planning document. The governor shall
172	recommend to the legislature biennially any revisions to the
173	long-range state planning document, as defined by law. General
174	law shall require a biennial review and revision of the long-
175	range state planning document, shall require the governor to
176	report to the legislature on the progress in achieving the state
177	planning document's goals, and shall require all departments and
178	agencies of state government to develop planning documents that
179	identify statewide strategic goals and objectives, consistent
180	with the long-range state planning document. The long-range
181	state planning document and department and agency planning
182	documents shall remain subject to review and revision by the
183	legislature. The long-range state planning document must include
184	projections of future needs and resources of the state which are
185	consistent with the long-range financial outlook. The department
186	and agency planning documents shall include a prioritized
187	listing of planned expenditures for review and possible
188	reduction in the event of revenue shortfalls, as defined by
189	general law. To ensure productivity and efficiency in the
190	executive, legislative, and judicial branches, a quality
191	management and accountability program shall be implemented by
192	general law.  For the purposes of this subsection, the terms
193	department and agency shall include the judicial branch. This
194	subsection shall be effective July 1, 1993.
195	(i)  GOVERNMENT EFFICIENCY TASK FORCE.  No later than
196	January of 2007, and each fourth year thereafter, the president
197	of the senate, the speaker of the house of representatives, and
198	the governor shall appoint a government efficiency task force,
199	the membership of which shall be established by general law. The
200	task force shall be composed of members of the legislature and
201	representatives from the private and public sectors who shall
202	develop recommendations for improving governmental operations
203	and reducing costs. Staff to assist the task force in performing
204	its duties shall be assigned by general law, and the task force
205	may obtain assistance from the private sector. The task force
206	shall complete its work within one year and shall submit its
207	recommendations to the joint legislative budget commission, the
208	governor, and the chief justice of the supreme court.
209	(j)  JOINT LEGISLATIVE BUDGET COMMISSION.  There is created
210	within the legislature the joint legislative budget commission
211	composed of equal numbers of senate members appointed by the
212	president of the senate and house members appointed by the
213	speaker of the house of representatives. Each member shall serve
214	at the pleasure of the officer who appointed the member. A
215	vacancy on the commission shall be filled in the same manner as
216	the original appointment. From November of each odd-numbered
217	year through October of each even-numbered year, the chairperson
218	of the joint legislative budget commission shall be appointed by
219	the president of the senate and the vice chairperson of the
220	commission shall be appointed by the speaker of the house of
221	representatives. From November of each even-numbered year
222	through October of each odd-numbered year, the chairperson of
223	the joint legislative budget commission shall be appointed by
224	the speaker of the house of representatives and the vice
225	chairperson of the commission shall be appointed by the
226	president of the senate. The joint legislative budget commission
227	shall be governed by the joint rules of the senate and the house
228	of representatives, which shall remain in effect until repealed
229	or amended by concurrent resolution. The commission shall
230	convene at least quarterly and shall convene at the call of the
231	president of the senate and the speaker of the house of
232	representatives. A majority of the commission members of each
233	house plus one additional member from either house constitutes a
234	quorum. Action by the commission requires a majority vote of the
235	commission members present of each house. The commission may
236	conduct its meetings through teleconferences or similar means.
237	In addition to the powers and duties specified in this
238	subsection, the joint legislative budget commission shall
239	exercise all other powers and perform any other duties not in
240	conflict with paragraph (c)(3) and as prescribed by general law
241	or joint rule.
242	BE IT FURTHER RESOLVED that the title and substance of the
243	amendment proposed herein shall appear on the ballot as follows:
244	STATE PLANNING AND BUDGET PROCESS
245	Proposes an amendment to Section 19 of Article III of the
246	State Constitution to limit the amount of nonrecurring general
247	revenue that may be appropriated for recurring purposes in any
248	fiscal year to 3 percent of the total general revenue funds
249	estimated to be available, unless otherwise approved by a three-
250	fifths vote of the Legislature; to change the due date of the
251	production of the final budget report; to limit constitutional
252	termination of a trust fund to one time only, 4 years after
253	initial creation, and require a three-fifths vote of each house
254	of the Legislature to re-create a trust fund by law; to require
255	preparation and biennial revision of a long-range state planning
256	document, require the long-range state planning document to
257	include projections of future needs and resources of the state
258	consistent with the long-range financial outlook, and require
259	all state agencies and departments to develop planning documents
260	consistent with the long-range state planning document and to
261	submit legislative budget requests based on the long-range
262	financial outlook and justifying each variance therefrom; to
263	establish the joint Legislative Budget Commission to issue an
264	annual long-range financial outlook for the state and exercise
265	other duties relating to the state planning and budgeting
266	process as prescribed by the State Constitution, general law, or
267	joint rule; to require the Legislature to prescribe by general
268	law conditions under which limited budget adjustments may be
269	approved without concurrence of the full Legislature; to require
270	appointment of a Government Efficiency Task Force every 4 years
271	to develop recommendations for improving governmental operations
272	and reducing costs and submit them within one year to the joint
273	Legislative Budget Commission, the Governor, and the Chief
274	Justice of the Supreme Court.

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