HB 1821

CS

CHAMBER ACTION

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

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