Senate Bill sb2144

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    Florida Senate - 2005                                 SJR 2144

    By Senator Atwater





    25-1037C-05

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing amendments to

  3         Section 19 of Article III of the State

  4         Constitution, relating to requirements for

  5         state budget planning, spending, and

  6         accountability.

  7  

  8  Be It Resolved by the Legislature of the State of Florida:

  9  

10         That the following amendments to Section 19 of Article

11  III of the State Constitution are agreed to and shall be

12  submitted to the electors of this state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose:

16                           ARTICLE III

17                           LEGISLATURE

18         SECTION 19.  State Budgeting, Planning and

19  Appropriations Processes.--

20         (a)  ANNUAL BUDGETING.  

21         (1)  Effective July 1, 1994, General law shall

22  prescribe the adoption of annual state budgetary and planning

23  processes and require that detail reflecting the annualized

24  costs of the state budget and reflecting the nonrecurring

25  costs of the budget requests shall accompany state department

26  and agency legislative budget requests, the governor's

27  recommended budget, and appropriation bills.

28         (2)  Unless approved by a three-fifths vote of the

29  membership of each house, appropriations made for recurring

30  purposes from nonrecurring general revenue funds for any

31  fiscal year shall not exceed three percent of the total

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    Florida Senate - 2005                                 SJR 2144
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 1  general revenue funds estimated to be available at the time

 2  such appropriation is made.

 3         (3)  As prescribed by general law, each state

 4  department and agency shall be required to submit a

 5  legislative budget request that is based upon and that

 6  reflects the long-range financial outlook adopted by the joint

 7  legislative budget commission or that specifically explains

 8  any variance from the long-range financial outlook contained

 9  in the request.

10         (4)  For purposes of this section subsection, the terms

11  department and agency shall include the judicial branch.

12         (b)  APPROPRIATION BILLS FORMAT.  Separate sections

13  within the general appropriation bill shall be used for each

14  major program area of the state budget; major program areas

15  shall include:  education enhancement "lottery" trust fund

16  items; education (all other funds); human services; criminal

17  justice and corrections; natural resources, environment,

18  growth management, and transportation; general government; and

19  judicial branch.  Each major program area shall include an

20  itemization of expenditures for:  state operations; state

21  capital outlay; aid to local governments and nonprofit

22  organizations operations; aid to local governments and

23  nonprofit organizations capital outlay; federal funds and the

24  associated state matching funds; spending authorizations for

25  operations; and spending authorizations for capital outlay.

26  Additionally, appropriation bills passed by the legislature

27  shall include an itemization of specific appropriations that

28  exceed one million dollars ($1,000,000.00) in 1992 dollars.

29  For purposes of this subsection, "specific appropriation,"

30  "itemization," and "major program area" shall be defined by

31  law.  This itemization threshold shall be adjusted by general

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    Florida Senate - 2005                                 SJR 2144
    25-1037C-05




 1  law every four years to reflect the rate of inflation or

 2  deflation as indicated in the Consumer Price Index for All

 3  Urban Consumers, U.S. City Average, All Items, or successor

 4  reports as reported by the United States Department of Labor,

 5  Bureau of Labor Statistics or its successor. Substantive bills

 6  containing appropriations shall also be subject to the

 7  itemization requirement mandated under this provision and

 8  shall be subject to the governor's specific appropriation veto

 9  power described in Article III, Section 8. This subsection

10  shall be effective July 1, 1994.

11         (c)  APPROPRIATIONS REVIEW PROCESS.  

12         (1)  No later than September 15 of each year, the joint

13  legislative budget commission shall issue a long-range

14  financial outlook setting out fiscal strategies for the state

15  and its departments and agencies in order to assist the

16  legislature in making policy and budget decisions. The

17  long-range financial outlook must include major workload and

18  revenue estimates. In order to implement this paragraph, the

19  joint legislative budget commission shall use current official

20  consensus estimates and may request the development of

21  additional official estimates.

22         (2)  The joint legislative budget commission shall seek

23  input from the public and from state agencies and departments

24  when developing and implementing the long-range financial

25  outlook.

26         (3)  The legislature shall prescribe by general law

27  conditions under which limited adjustments to the budget, as

28  recommended by the governor or the chief justice of the

29  supreme court, may be approved without the concurrence of the

30  full legislature. Effective July 1, 1993, general law shall

31  prescribe requirements for each department and agency of state

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    Florida Senate - 2005                                 SJR 2144
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 1  government to submit a planning document and supporting budget

 2  request for review by the appropriations committees of both

 3  houses of the legislature. The review shall include a

 4  comparison of the major issues in the planning document and

 5  budget requests to those major issues included in the

 6  governor's recommended budget.  For purposes of this

 7  subsection, the terms department and agency shall include the

 8  judicial branch.

 9         (d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.  All

10  general appropriation bills shall be furnished to each member

11  of the legislature, each member of the cabinet, the governor,

12  and the chief justice of the supreme court at least

13  seventy-two hours before final passage by either house of the

14  legislature of the bill in the form that will be presented to

15  the governor.

16         (e)  FINAL BUDGET REPORT.  Effective November 4, 1992,

17  A final budget report shall be prepared as prescribed by

18  general law.  The final budget report shall be produced no

19  later than the 90th day after the beginning of the fiscal

20  year, and copies of the report shall be furnished to each

21  member of the legislature, the head of each department and

22  agency of the state, the auditor general, and the chief

23  justice of the supreme court.

24         (f)  TRUST FUNDS.

25         (1)  No trust fund of the State of Florida or other

26  public body may be created or re-created by law without a

27  three-fifths (3/5) vote of the membership of each house of the

28  legislature in a separate bill for that purpose only.

29         (2)  State trust funds in existence before the

30  effective date of this subsection shall terminate not more

31  than four years after the effective date of this subsection.

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    Florida Senate - 2005                                 SJR 2144
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 1  State trust funds created after the effective date of this

 2  subsection shall terminate not more than four years after the

 3  effective date of the act authorizing the initial creation of

 4  the trust fund.  By law the legislature may set a shorter time

 5  period for which any trust fund is authorized.

 6         (3)  Trust funds required by federal programs or

 7  mandates; trust funds established for bond covenants,

 8  indentures, or resolutions, whose revenues are legally pledged

 9  by the state or public body to meet debt service or other

10  financial requirements of any debt obligations of the state or

11  any public body; the state transportation trust fund; the

12  trust fund containing the net annual proceeds from the Florida

13  Education Lotteries; the Florida retirement trust fund; trust

14  funds for institutions under the management of the Board of

15  Governors Regents, where such trust funds are for auxiliary

16  enterprises and contracts, grants, and donations, as those

17  terms are defined by general law; trust funds that serve as

18  clearing funds or accounts for the chief financial officer or

19  state agencies; trust funds that account for assets held by

20  the state in a trustee capacity as an agent or fiduciary for

21  individuals, private organizations, or other governmental

22  units; and other trust funds authorized by this Constitution,

23  are not subject to the requirements set forth in paragraph (2)

24  of this subsection.

25         (4)  All cash balances and income of any trust funds

26  abolished under this subsection shall be deposited into the

27  general revenue fund.

28         (5)  The provisions of this subsection shall be

29  effective November 4, 1992.

30         (g)  BUDGET STABILIZATION FUND.  Beginning with the

31  1994-1995 fiscal year, at least 1% of an amount equal to the

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    Florida Senate - 2005                                 SJR 2144
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 1  last completed fiscal year's net revenue collections for the

 2  general revenue fund shall be retained in a budget

 3  stabilization fund. The budget stabilization fund shall be

 4  increased to at least 2% of said amount for the 1995-1996

 5  fiscal year, at least 3% of said amount for the 1996-1997

 6  fiscal year, at least 4% of said amount for the 1997-1998

 7  fiscal year, and at least 5% of said amount for the 1998-1999

 8  fiscal year.  Subject to the provisions of this subsection,

 9  the budget stabilization fund shall be maintained at an amount

10  equal to at least 5% of the last completed fiscal year's net

11  revenue collections for the general revenue fund shall be

12  retained in the budget stabilization fund.  The budget

13  stabilization fund's principal balance shall not exceed an

14  amount equal to 10% of the last completed fiscal year's net

15  revenue collections for the general revenue fund.  The

16  legislature shall provide criteria for withdrawing funds from

17  the budget stabilization fund in a separate bill for that

18  purpose only and only for the purpose of covering revenue

19  shortfalls of the general revenue fund or for the purpose of

20  providing funding for an emergency, as defined by general law.

21  General law shall provide for the restoration of this fund.

22  The budget stabilization fund shall be comprised of funds not

23  otherwise obligated or committed for any purpose.

24         (h)  LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT

25  AND AGENCY PLANNING DOCUMENT PROCESSES. General law shall

26  provide for a long-range state planning document. The governor

27  shall recommend to the legislature biennially any revisions to

28  the long-range state planning document, as defined by law.

29  General law shall require a biennial review and revision of

30  the long-range state planning document, shall require the

31  governor to report to the legislature on the progress in

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    Florida Senate - 2005                                 SJR 2144
    25-1037C-05




 1  achieving the state planning document's goals, and shall

 2  require all departments and agencies of state government to

 3  develop planning documents that identify statewide strategic

 4  goals and objectives, consistent with the long-range state

 5  planning document. The long-range state planning document and

 6  department and agency planning documents shall remain subject

 7  to review and revision by the legislature. The long-range

 8  state planning document must include projections of future

 9  needs and resources of the state which are consistent with the

10  long-range financial outlook. The department and agency

11  planning documents shall include a prioritized listing of

12  planned expenditures for review and possible reduction in the

13  event of revenue shortfalls, as defined by general law. To

14  ensure productivity and efficiency in the executive,

15  legislative, and judicial branches, a quality management and

16  accountability program shall be implemented by general law.

17  For the purposes of this subsection, the terms department and

18  agency shall include the judicial branch.  This subsection

19  shall be effective July 1, 1993.

20         (i)  GOVERNMENT EFFICIENCY TASK FORCE.  No later than

21  January of 2007, and each fourth year thereafter, the

22  president of the senate, the speaker of the house of

23  representatives, and the governor shall appoint a government

24  efficiency task force, the membership of which shall be

25  established by general law. The task force shall be composed

26  of members of the legislature and representatives from the

27  private and public sectors who shall develop recommendations

28  for improving governmental operations and reducing costs.

29  Staff to assist the task force in performing its duties shall

30  be assigned by general law, and the task force may obtain

31  assistance from the private sector. The task force shall

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    Florida Senate - 2005                                 SJR 2144
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 1  complete its work within one year and shall submit its

 2  recommendations to the joint legislative budget commission,

 3  the governor, and the chief justice of the supreme court.

 4         (j)  JOINT LEGISLATIVE BUDGET COMMISSION.  There is

 5  created within the legislature the joint legislative budget

 6  commission composed of equal numbers of senate members

 7  appointed by the president of the senate and house members

 8  appointed by the speaker of the house of representatives. Each

 9  member shall serve at the pleasure of the officer who

10  appointed the member. A vacancy on the commission shall be

11  filled in the same manner as the original appointment. From

12  November of each odd-numbered year through October of each

13  even-numbered year, the chairperson of the joint legislative

14  budget commission shall be appointed by the president of the

15  senate and the vice chairperson of the commission shall be

16  appointed by the speaker of the house of representatives. From

17  November of each even-numbered year through October of each

18  odd-numbered year, the chairperson of the joint legislative

19  budget commission shall be appointed by the speaker of the

20  house of representatives and the vice chairperson of the

21  commission shall be appointed by the president of the senate.

22  The joint legislative budget commission shall be governed by

23  the joint rules of the senate and the house of

24  representatives, which shall remain in effect until repealed

25  or amended by concurrent resolution. The commission shall

26  convene at least quarterly and shall convene at the call of

27  the president of the senate and the speaker of the house of

28  representatives. A majority of the commission members of each

29  house plus one additional member from either house constitutes

30  a quorum. Action by the commission requires a majority vote of

31  the commission members present of each house. The commission

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    Florida Senate - 2005                                 SJR 2144
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 1  may conduct its meetings through teleconferences or similar

 2  means. In addition to the powers and duties specified in this

 3  subsection, the joint legislative budget commission shall

 4  exercise all other powers and perform any other duties not in

 5  conflict with paragraph (c)(3) and as prescribed by general

 6  law or joint rule.

 7         BE IT FURTHER RESOLVED that the following statement be

 8  placed on the ballot:

 9                     CONSTITUTIONAL AMENDMENT

10                     ARTICLE III, SECTION 19

11         STATE PLANNING AND BUDGET PROCESS.--Proposing

12  amendments to the State Constitution to limit the amount of

13  nonrecurring general revenue which may be appropriated for

14  recurring purposes in any fiscal year to 3 percent of the

15  total general revenue funds estimated to be available, unless

16  otherwise approved by a three-fifths vote of the Legislature;

17  to establish a Joint Legislative Budget Commission, which

18  shall issue long-range financial outlooks; to provide for

19  limited adjustments in the state budget without the

20  concurrence of the full Legislature, as provided by general

21  law; to reduce the number of times trust funds are

22  automatically terminated; to require the preparation and

23  biennial revision of a long-range state planning document; and

24  to establish a Government Efficiency Task Force and specify

25  its duties.

26  

27  

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31  

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