1 | A bill to be entitled |
2 | An act relating to the Florida Savings Fund; amending s. |
3 | 215.32, F.S.; establishing the Florida Savings Fund; |
4 | conforming provisions; specifying that the fund balance is |
5 | part of the working capital balance of the state; |
6 | providing for the calculation of the required fund |
7 | balance; providing for transfer of funds from the General |
8 | Revenue Fund to the Florida Savings Fund; requiring that |
9 | interest earned by the Florida Savings Fund be deposited |
10 | in the General Revenue Fund; providing for the use of |
11 | funds in the Florida Savings Fund; amending s. 216.221, |
12 | F.S.; specifying conditions for determining when a deficit |
13 | in the General Revenue Fund is deemed to occur for |
14 | purposes of adjusting appropriations to prevent such a |
15 | deficit; authorizing the Chief Financial Officer to |
16 | transfer funds from the Florida Savings Fund to the |
17 | General Revenue Fund under certain circumstances; |
18 | conforming cross-references; amending s. 216.222, F.S.; |
19 | revising the conditions for determining when a deficit in |
20 | the General Revenue Fund is deemed to occur for purposes |
21 | of transferring funds from the Budget Stabilization Fund |
22 | to offset such a deficit; amending s. 252.37, F.S.; |
23 | authorizing funds in the Florida Savings Fund to be |
24 | transferred and expended under certain emergency |
25 | conditions; providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Subsection (1) and paragraph (a) of subsection |
30 | (2) of section 215.32, Florida Statutes, are amended, and |
31 | paragraph (d) is added to subsection (2) of that section, to |
32 | read: |
33 | 215.32 State funds; segregation.- |
34 | (1) All moneys received by the state shall be deposited in |
35 | the State Treasury unless specifically provided otherwise by law |
36 | and shall be deposited in and accounted for by the Chief |
37 | Financial Officer within the following funds, which funds are |
38 | hereby created and established: |
39 | (a) General Revenue Fund. |
40 | (b) Trust funds. |
41 | (c) Budget Stabilization Fund. |
42 | (d) Florida Savings Fund. |
43 | (2) The source and use of each of these funds shall be as |
44 | follows: |
45 | (a) The General Revenue Fund shall consist of all moneys |
46 | received by the state from every source whatsoever, except as |
47 | provided in paragraphs (b), and (c), and (d). Such moneys shall |
48 | be expended pursuant to General Revenue Fund appropriations |
49 | acts, transferred as provided in paragraph (c) or paragraph (d), |
50 | or maintained as unallocated general revenue. Unallocated |
51 | general revenue shall be considered the working capital balance |
52 | of the state and shall consist of moneys in the General Revenue |
53 | Fund that are in excess of the amount needed to meet General |
54 | Revenue Fund appropriations for the current fiscal year and the |
55 | balance of the Florida Savings Fund. |
56 | (d)1. The Florida Savings Fund shall consist of amounts |
57 | equal to the difference between 5 percent of the official |
58 | estimate of total funds available for appropriation from the |
59 | General Revenue Fund for a fiscal year and the balance of the |
60 | Lawton Chiles Endowment Fund, which shall be calculated |
61 | according to the following formula: |
62 |
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63 | FSF = (0.05 x AGR) - LCE |
64 |
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65 | Where: |
66 | FSF = the required balance of the Florida Savings Fund |
67 | established pursuant to this subparagraph. |
68 | AGR = the official estimate of total funds available for |
69 | appropriation from the General Revenue Fund according |
70 | to the most recent financial outlook statement adopted |
71 | by the Revenue Estimating Conference before the |
72 | Legislature's enactment of the General Appropriations |
73 | Act. |
74 | LCE = the balance of the Lawton Chiles Endowment Fund as of |
75 | the date that the Revenue Estimating Conference |
76 | certifies the required balance of the Florida Savings |
77 | Fund pursuant to subparagraph 2. |
78 |
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79 | 2. Before the effective date of the General Appropriations |
80 | Act for a fiscal year, the Revenue Estimating Conference shall |
81 | certify the required balance of the Florida Savings Fund for |
82 | that fiscal year, calculated as provided in subparagraph 1., and |
83 | the amount needed for transfer to the fund for its balance to |
84 | equal the required balance. |
85 | 3. The Chief Financial Officer, once each calendar |
86 | quarter, shall transfer from the General Revenue Fund to the |
87 | Florida Savings Fund an amount equal to 25 percent of the amount |
88 | certified by the Revenue Estimating Conference as needed for |
89 | transfer to the Florida Savings Fund pursuant to subparagraph 2. |
90 | 4. Interest earned by the Florida Savings Fund shall be |
91 | deposited in the General Revenue Fund. |
92 | 5. Funds in the Florida Savings Fund may only be expended |
93 | or transferred as authorized in s. 216.221 and this section. |
94 | Except as provided in this section, an appropriation or transfer |
95 | may not be made from the Florida Savings Fund for any other |
96 | purpose. |
97 | a. Funds in the Florida Savings Fund may be expended |
98 | pursuant to s. 252.37 for an emergency as defined in s. 252.34 |
99 | declared by the Governor under s. 252.36 or declared by law. |
100 | b. Funds in the Florida Savings Fund may be transferred to |
101 | the General Revenue Fund pursuant to s. 215.18. |
102 | Section 2. Section 216.221, Florida Statutes, is amended |
103 | to read: |
104 | 216.221 Appropriations as maximum appropriations; |
105 | adjustment of budgets to avoid or eliminate deficits.- |
106 | (1) All appropriations shall be maximum appropriations, |
107 | based upon the collection of sufficient revenues to meet and |
108 | provide for such appropriations. It is the duty of the Governor, |
109 | as chief budget officer, to ensure that revenues collected will |
110 | be sufficient to meet the appropriations and that no deficit |
111 | occurs in any state fund. |
112 | (2) For purposes of this section, a deficit in the General |
113 | Revenue Fund is deemed to occur when the official estimate of |
114 | funds available in the General Revenue Fund, combined with the |
115 | funds available in the Florida Savings Fund, for a fiscal year |
116 | falls below the total amount appropriated from the General |
117 | Revenue Fund for that fiscal year. |
118 | (3)(2) The Legislature may annually provide direction in |
119 | the General Appropriations Act regarding use of any state funds |
120 | to offset General Revenue Fund deficits. |
121 | (4) If the Chief Financial Officer determines, in |
122 | consultation with the Revenue Estimating Conference, that the |
123 | total funds available in the General Revenue Fund for a fiscal |
124 | year fall below the total amount appropriated from the General |
125 | Revenue Fund for that fiscal year, the Chief Financial Officer |
126 | shall transfer an amount necessary to cover the shortfall from |
127 | the Florida Savings Fund to the General Revenue Fund. |
128 | (5)(3) For purposes of preventing a deficit in the General |
129 | Revenue Fund, all branches and agencies of government shall |
130 | participate in deficit reduction efforts. Absent specific |
131 | legislative direction, when budget reductions are required in |
132 | order to prevent a deficit under the provisions of subsection |
133 | (9) (7), each branch shall reduce its General Revenue Fund |
134 | appropriations by a proportional amount. |
135 | (6)(4) For purposes of preventing a deficit in the General |
136 | Revenue Fund, appropriations to the legislative branch that are |
137 | voluntarily placed in their reserve by the President of the |
138 | Senate or the Speaker of the House of Representatives, or by |
139 | both, may not be reduced, but may be included in any deficit |
140 | reduction plan. |
141 | (7)(5)(a) If, in the opinion of the Governor, after |
142 | consultation with the Revenue Estimating Conference, a deficit |
143 | will occur in the General Revenue Fund, he or she shall so |
144 | certify to the commission and to the Chief Justice of the |
145 | Supreme Court. No more than 30 days after certifying that a |
146 | deficit will occur in the General Revenue Fund, the Governor |
147 | shall develop for the executive branch, and the Chief Justice of |
148 | the Supreme Court shall develop for the judicial branch, and |
149 | provide to the commission and to the Legislature plans of action |
150 | to eliminate the deficit. |
151 | (b) If, in the opinion of the President of the Senate and |
152 | the Speaker of the House of Representatives, after consultation |
153 | with the Revenue Estimating Conference, a deficit will occur in |
154 | the General Revenue Fund and the Governor has not certified the |
155 | deficit, the President of the Senate and the Speaker of the |
156 | House of Representatives shall so certify. Within 30 days after |
157 | such certification, the Governor shall develop for the executive |
158 | branch and the Chief Justice of the Supreme Court shall develop |
159 | for the judicial branch and provide to the commission and to the |
160 | Legislature plans of action to eliminate the deficit. |
161 | (c) In developing a plan of action to prevent deficits in |
162 | accordance with subsection (9) (7), the Governor and Chief |
163 | Justice shall, to the extent possible, preserve legislative |
164 | policy and intent, and, absent any specific direction to the |
165 | contrary in the General Appropriations Act, the Governor and |
166 | Chief Justice shall comply with the following guidelines for |
167 | reductions in the approved operating budgets of the executive |
168 | branch and the judicial branch: |
169 | 1. Education budgets should not be reduced more than |
170 | provided for in s. 215.16(2). |
171 | 2. The use of nonrecurring funds to solve recurring |
172 | deficits should be minimized. |
173 | 3. Newly created programs that are not fully implemented |
174 | and programs with critical audits, evaluations, and reviews |
175 | should receive first consideration for reductions. |
176 | 4. No agencies or branches of government receiving |
177 | appropriations should be exempt from reductions. |
178 | 5. When reductions in positions are required, the focus |
179 | should be initially on vacant positions. |
180 | 6. Reductions that would cause substantial losses of |
181 | federal funds should be minimized. |
182 | 7. Reductions to statewide programs should occur only |
183 | after review of programs that provide only local benefits. |
184 | 8. Reductions in administrative and support functions |
185 | should be considered before reductions in direct-support |
186 | services. |
187 | 9. Maximum reductions should be considered in budgets for |
188 | expenses including travel and in budgets for equipment |
189 | replacement, outside consultants, and contracts. |
190 | 10. Reductions in salaries for elected state officials |
191 | should be considered. |
192 | 11. Reductions that adversely affect the public health, |
193 | safety, and welfare should be minimized. |
194 | 12. The Budget Stabilization Fund should not be reduced to |
195 | a level that would impair the financial stability of this state. |
196 | 13. Reductions in programs that are traditionally funded |
197 | by the private sector and that may be assumed by private |
198 | enterprise should be considered. |
199 | 14. Reductions in programs that are duplicated among state |
200 | agencies or branches of government should be considered. |
201 | (8)(6) If the Revenue Estimating Conference projects a |
202 | deficit in the General Revenue Fund in excess of 1.5 percent of |
203 | the moneys appropriated from the General Revenue Fund during a |
204 | fiscal year or when the cumulative total of a series of |
205 | projected deficits in the General Revenue Fund exceeds 1.5 |
206 | percent of the moneys appropriated from the General Revenue |
207 | Fund, the deficit shall be resolved by the Legislature. |
208 | (9)(7) Deficits in the General Revenue Fund that do not |
209 | meet the amounts specified by subsection (8) (6) shall be |
210 | resolved by the Governor for the executive branch and the Chief |
211 | Justice of the Supreme Court for the judicial branch. The |
212 | Governor and Chief Justice shall implement any directions |
213 | provided in the General Appropriations Act related to |
214 | eliminating deficits and to reducing agency and judicial branch |
215 | budgets, including the use of those legislative appropriations |
216 | voluntarily placed in reserve. In addition, the Governor and |
217 | Chief Justice shall implement any directions in the General |
218 | Appropriations Act relating to the resolution of deficit |
219 | situations. When reducing state agency or judicial branch |
220 | budgets, the Governor or the Chief Justice, respectively, shall |
221 | use the guidelines prescribed in subsection (7) (5). The |
222 | Executive Office of the Governor, and the Chief Justice for the |
223 | judicial branch, shall implement the deficit reduction plans |
224 | through amendments to the approved operating budgets in |
225 | accordance with s. 216.181. |
226 | (10)(8) The Chief Financial Officer also has the duty to |
227 | ensure that revenues being collected will be sufficient to meet |
228 | the appropriations and that no deficit occurs in any fund of the |
229 | state. |
230 | (11)(9) If, in the opinion of the Chief Financial Officer, |
231 | after consultation with the Revenue Estimating Conference, a |
232 | deficit will occur, he or she shall report his or her opinion to |
233 | the Governor, the President of the Senate, and the Speaker of |
234 | the House of Representatives in writing. In the event the |
235 | Governor does not certify a deficit, or the President of the |
236 | Senate and the Speaker of the House of Representatives do not |
237 | certify a deficit within 10 days after the Chief Financial |
238 | Officer's report, the Chief Financial Officer shall report his |
239 | or her findings and opinion to the commission and the Chief |
240 | Justice of the Supreme Court. |
241 | (12)(10) When advised by the Revenue Estimating |
242 | Conference, the Chief Financial Officer, or any agency |
243 | responsible for a trust fund that a deficit will occur with |
244 | respect to the appropriations from a specific trust fund in the |
245 | current fiscal year, the Governor for the executive branch, or |
246 | the Chief Justice for the judicial branch, shall develop a plan |
247 | of action to eliminate the deficit. Before implementing the plan |
248 | of action, the Governor or the Chief Justice must comply with |
249 | the provisions of s. 216.177(2), and actions to resolve deficits |
250 | in excess of $1 million must be approved by the Legislative |
251 | Budget Commission. In developing the plan of action, the |
252 | Governor or the Chief Justice shall, to the extent possible, |
253 | preserve legislative policy and intent. |
254 | (13)(11) Once a deficit is determined to have occurred and |
255 | action is taken to reduce approved operating budgets and release |
256 | authority, no action may be taken to restore the reductions, |
257 | either directly or indirectly. |
258 | Section 3. Paragraph (a) of subsection (1) of section |
259 | 216.222, Florida Statutes, is amended to read: |
260 | 216.222 Budget Stabilization Fund; criteria for |
261 | withdrawing moneys.- |
262 | (1) Moneys in the Budget Stabilization Fund may be |
263 | transferred to the General Revenue Fund for: |
264 | (a)1. Offsetting a deficit in the General Revenue Fund. A |
265 | deficit is deemed to occur when the official estimate of funds |
266 | available in the General Revenue Fund, combined with funds |
267 | available in the Florida Savings Fund, for a fiscal year falls |
268 | below the total amount appropriated from the General Revenue |
269 | Fund for that fiscal year. Such a transfer must be made pursuant |
270 | to s. 216.221, or pursuant to an appropriation by law. |
271 | 2. Notwithstanding the requirements of s. 216.221, if, |
272 | after consultation with the Revenue Estimating Conference, the |
273 | Chief Financial Officer believes that a deficit will occur in |
274 | the General Revenue Fund and if: |
275 | a. Fewer than 30 but more than 4 days are left in the |
276 | fiscal year, the Legislature is not in session, and neither the |
277 | Legislature nor the Legislative Budget Commission is scheduled |
278 | to meet before the end of the fiscal year, or |
279 | b. Fewer than 5 days are left in the fiscal year and the |
280 | Governor and the Chief Justice, the Legislature, or the |
281 | Legislative Budget Commission have not implemented measures to |
282 | resolve the deficit, |
283 |
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284 | the Chief Financial Officer shall certify the deficit to the |
285 | Governor, the Chief Justice, the President of the Senate, and |
286 | the Speaker of the House of Representatives, and may thereafter |
287 | withdraw funds from the Budget Stabilization Fund to offset the |
288 | projected deficit in the General Revenue Fund. The Chief |
289 | Financial Officer shall consult with the Governor and the chair |
290 | and vice chair of the Legislative Budget Commission before any |
291 | funds may be withdrawn from the Budget Stabilization Fund. At |
292 | the beginning of the next fiscal year, the Chief Financial |
293 | Officer shall promptly determine the General Revenue Fund |
294 | balance to be carried forward. The Chief Financial Officer shall |
295 | immediately repay the Budget Stabilization Fund for the |
296 | withdrawn amount, up to the amount of the balance. If the |
297 | General Revenue Fund balance carried forward is not sufficient |
298 | to fully repay the Budget Stabilization Fund, the repayment of |
299 | the remainder of the withdrawn funds shall be as provided in s. |
300 | 215.32(2)(c)3. |
301 | Section 4. Subsection (2) of section 252.37, Florida |
302 | Statutes, is amended to read: |
303 | 252.37 Financing.- |
304 | (2) It is the legislative intent that the first recourse |
305 | be made to funds regularly appropriated to state and local |
306 | agencies. If the Governor finds that the demands placed upon |
307 | these funds in coping with a particular disaster declared by the |
308 | Governor as a state of emergency are unreasonably great, she or |
309 | he may make funds available by transferring and expending moneys |
310 | appropriated for other purposes, by transferring and expending |
311 | moneys out of any unappropriated surplus funds, or from the |
312 | Budget Stabilization Fund or the Florida Savings Fund. Following |
313 | the expiration or termination of the state of emergency, the |
314 | Governor may transfer moneys with a budget amendment, subject to |
315 | approval by the Legislative Budget Commission, to satisfy the |
316 | budget authority granted for such emergency. |
317 | Section 5. This act shall take effect upon becoming a law. |