Florida Senate - 2025 SENATOR AMENDMENT
Bill No. SJR 1908
Ì585920'Î585920
LEGISLATIVE ACTION
Senate . House
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Senator Hooper moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the resolving clause
4 and insert:
5 That the following amendment to Section 19 of Article III
6 of the State Constitution is agreed to and shall be submitted to
7 the electors of this state for approval or rejection at the next
8 general election or at an earlier special election specifically
9 authorized by law for that purpose:
10 ARTICLE III
11 LEGISLATURE
12 SECTION 19. State Budgeting, Planning and Appropriations
13 Processes.—
14 (a) ANNUAL BUDGETING.
15 (1) General law shall prescribe the adoption of annual
16 state budgetary and planning processes and require that detail
17 reflecting the annualized costs of the state budget and
18 reflecting the nonrecurring costs of the budget requests shall
19 accompany state department and agency legislative budget
20 requests, the governor’s recommended budget, and appropriation
21 bills.
22 (2) Unless approved by a three-fifths vote of the
23 membership of each house, appropriations made for recurring
24 purposes from nonrecurring general revenue funds for any fiscal
25 year shall not exceed three percent of the total general revenue
26 funds estimated to be available at the time such appropriation
27 is made.
28 (3) As prescribed by general law, each state department and
29 agency shall be required to submit a legislative budget request
30 that is based upon and that reflects the long-range financial
31 outlook adopted by the joint legislative budget commission or
32 that specifically explains any variance from the long-range
33 financial outlook contained in the request.
34 (4) For purposes of this section, the terms department and
35 agency shall include the judicial branch.
36 (b) APPROPRIATION BILLS FORMAT. Separate sections within
37 the general appropriation bill shall be used for each major
38 program area of the state budget; major program areas shall
39 include: education enhancement “lottery” trust fund items;
40 education (all other funds); human services; criminal justice
41 and corrections; natural resources, environment, growth
42 management, and transportation; general government; and judicial
43 branch. Each major program area shall include an itemization of
44 expenditures for: state operations; state capital outlay; aid to
45 local governments and nonprofit organizations operations; aid to
46 local governments and nonprofit organizations capital outlay;
47 federal funds and the associated state matching funds; spending
48 authorizations for operations; and spending authorizations for
49 capital outlay. Additionally, appropriation bills passed by the
50 legislature shall include an itemization of specific
51 appropriations that exceed one million dollars ($1,000,000.00)
52 in 1992 dollars. For purposes of this subsection, “specific
53 appropriation,” “itemization,” and “major program area” shall be
54 defined by law. This itemization threshold shall be adjusted by
55 general law every four years to reflect the rate of inflation or
56 deflation as indicated in the Consumer Price Index for All Urban
57 Consumers, U.S. City Average, All Items, or successor reports as
58 reported by the United States Department of Labor, Bureau of
59 Labor Statistics or its successor. Substantive bills containing
60 appropriations shall also be subject to the itemization
61 requirement mandated under this provision and shall be subject
62 to the governor’s specific appropriation veto power described in
63 Article III, Section 8.
64 (c) APPROPRIATIONS PROCESS.
65 (1) No later than September 15 of each year, the joint
66 legislative budget commission shall issue a long-range financial
67 outlook setting out recommended fiscal strategies for the state
68 and its departments and agencies in order to assist the
69 legislature in making budget decisions. The long-range financial
70 outlook must include major workload and revenue estimates. In
71 order to implement this paragraph, the joint legislative budget
72 commission shall use current official consensus estimates and
73 may request the development of additional official estimates.
74 (2) The joint legislative budget commission shall seek
75 input from the public and from the executive and judicial
76 branches when developing and recommending the long-range
77 financial outlook.
78 (3) The legislature shall prescribe by general law
79 conditions under which limited adjustments to the budget, as
80 recommended by the governor or the chief justice of the supreme
81 court, may be approved without the concurrence of the full
82 legislature.
83 (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general
84 appropriation bills shall be furnished to each member of the
85 legislature, each member of the cabinet, the governor, and the
86 chief justice of the supreme court at least seventy-two hours
87 before final passage by either house of the legislature of the
88 bill in the form that will be presented to the governor.
89 (e) FINAL BUDGET REPORT. A final budget report shall be
90 prepared as prescribed by general law. The final budget report
91 shall be produced no later than the 120th day after the
92 beginning of the fiscal year, and copies of the report shall be
93 furnished to each member of the legislature, the head of each
94 department and agency of the state, the auditor general, and the
95 chief justice of the supreme court.
96 (f) TRUST FUNDS.
97 (1) No trust fund of the State of Florida or other public
98 body may be created or re-created by law without a three-fifths
99 vote of the membership of each house of the legislature in a
100 separate bill for that purpose only.
101 (2) State trust funds shall terminate not more than four
102 years after the effective date of the act authorizing the
103 initial creation of the trust fund. By law the legislature may
104 set a shorter time period for which any trust fund is
105 authorized.
106 (3) Trust funds required by federal programs or mandates;
107 trust funds established for bond covenants, indentures, or
108 resolutions, whose revenues are legally pledged by the state or
109 public body to meet debt service or other financial requirements
110 of any debt obligations of the state or any public body; the
111 state transportation trust fund; the trust fund containing the
112 net annual proceeds from the Florida Education Lotteries; the
113 Florida retirement trust fund; trust funds for institutions
114 under the management of the Board of Governors, where such trust
115 funds are for auxiliary enterprises and contracts, grants, and
116 donations, as those terms are defined by general law; trust
117 funds that serve as clearing funds or accounts for the chief
118 financial officer or state agencies; trust funds that account
119 for assets held by the state in a trustee capacity as an agent
120 or fiduciary for individuals, private organizations, or other
121 governmental units; and other trust funds authorized by this
122 Constitution, are not subject to the requirements set forth in
123 paragraph (2) of this subsection.
124 (4) All cash balances and income of any trust funds
125 abolished under this subsection shall be deposited into the
126 general revenue fund.
127 (g) BUDGET STABILIZATION FUND.
128 (1) For purposes of this subsection, the term “revenue
129 collections” means the last completed fiscal year’s net revenue
130 collections for the general revenue fund.
131 (2) Subject to the provisions of this subsection, an amount
132 equal to at least 5% of the last completed fiscal year’s net
133 revenue collections for the general revenue fund shall be
134 retained in the budget stabilization fund. The budget
135 stabilization fund’s principal balance shall not exceed an
136 amount equal to 25% 10% of the last completed fiscal year’s net
137 revenue collections for the general revenue fund.
138 (3) The legislature shall transfer the lesser of $750
139 million or the amount required to increase the principal balance
140 of the budget stabilization fund to an amount equal to 25% of
141 revenue collections from the general revenue fund to the budget
142 stabilization fund no later than June 30th of each fiscal year.
143 The legislature may suspend this transfer in a fiscal year in
144 which:
145 a. Funds are withdrawn from the budget stabilization fund
146 pursuant to paragraph (4);
147 b. Funds are withdrawn from the budget stabilization fund
148 for the purpose of funding a critical state need pursuant to
149 paragraph (5); or
150 c. The legislature determines there is a critical state
151 need that requires the expenditure of general revenue funds in
152 an amount that exceeds the transfer amount required by this
153 paragraph. A suspension for a critical state need must be
154 approved by a two-thirds vote of the membership of each house of
155 the legislature in a separate bill for that purpose only and may
156 not occur more than once every five years.
157 (4) The legislature shall provide criteria for withdrawing
158 funds from the budget stabilization fund in a separate bill for
159 that purpose only and only for the purpose of covering revenue
160 shortfalls of the general revenue fund or for the purpose of
161 providing funding for an emergency, as defined by general law.
162 (5) If the principal balance of the budget stabilization
163 fund exceeds an amount equal to 15% of revenue collections, the
164 legislature may withdraw funds for the purpose of funding on a
165 nonrecurring basis a critical state need. Such withdrawal must
166 be approved by a two-thirds vote of the membership of each house
167 of the legislature in a separate bill for that purpose only. The
168 withdrawal may not cause the principal balance of the budget
169 stabilization fund to equal an amount that is less than 10% of
170 revenue collections.
171 (6) General law shall provide for the restoration of this
172 fund. The budget stabilization fund shall be comprised of funds
173 not otherwise obligated or committed for any purpose.
174 (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
175 AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide
176 for a long-range state planning document. The governor shall
177 recommend to the legislature biennially any revisions to the
178 long-range state planning document, as defined by law. General
179 law shall require a biennial review and revision of the long
180 range state planning document and shall require all departments
181 and agencies of state government to develop planning documents
182 that identify statewide strategic goals and objectives,
183 consistent with the long-range state planning document. The
184 long-range state planning document and department and agency
185 planning documents shall remain subject to review and revision
186 by the legislature. The long-range state planning document must
187 include projections of future needs and resources of the state
188 which are consistent with the long-range financial outlook. The
189 department and agency planning documents shall include a
190 prioritized listing of planned expenditures for review and
191 possible reduction in the event of revenue shortfalls, as
192 defined by general law.
193 (i) GOVERNMENT EFFICIENCY TASK FORCE. No later than
194 January of 2007, and each fourth year thereafter, the president
195 of the senate, the speaker of the house of representatives, and
196 the governor shall appoint a government efficiency task force,
197 the membership of which shall be established by general law. The
198 task force shall be composed of members of the legislature and
199 representatives from the private and public sectors who shall
200 develop recommendations for improving governmental operations
201 and reducing costs. Staff to assist the task force in performing
202 its duties shall be assigned by general law, and the task force
203 may obtain assistance from the private sector. The task force
204 shall complete its work within one year and shall submit its
205 recommendations to the joint legislative budget commission, the
206 governor, and the chief justice of the supreme court.
207 (j) JOINT LEGISLATIVE BUDGET COMMISSION. There is created
208 within the legislature the joint legislative budget commission
209 composed of equal numbers of senate members appointed by the
210 president of the senate and house members appointed by the
211 speaker of the house of representatives. Each member shall serve
212 at the pleasure of the officer who appointed the member. A
213 vacancy on the commission shall be filled in the same manner as
214 the original appointment. From November of each odd-numbered
215 year through October of each even-numbered year, the chairperson
216 of the joint legislative budget commission shall be appointed by
217 the president of the senate and the vice chairperson of the
218 commission shall be appointed by the speaker of the house of
219 representatives. From November of each even-numbered year
220 through October of each odd-numbered year, the chairperson of
221 the joint legislative budget commission shall be appointed by
222 the speaker of the house of representatives and the vice
223 chairperson of the commission shall be appointed by the
224 president of the senate. The joint legislative budget commission
225 shall be governed by the joint rules of the senate and the house
226 of representatives, which shall remain in effect until repealed
227 or amended by concurrent resolution. The commission shall
228 convene at least quarterly and shall convene at the call of the
229 president of the senate and the speaker of the house of
230 representatives. A majority of the commission members of each
231 house plus one additional member from either house constitutes a
232 quorum. Action by the commission requires a majority vote of the
233 commission members present of each house. The commission may
234 conduct its meetings through teleconferences or similar means.
235 In addition to the powers and duties specified in this
236 subsection, the joint legislative budget commission shall
237 exercise all other powers and perform any other duties not in
238 conflict with paragraph (c)(3) and as prescribed by general law
239 or joint rule.
240
241 BE IT FURTHER RESOLVED that the following statement be
242 placed on the ballot:
243 CONSTITUTIONAL AMENDMENT
244 ARTICLE III, SECTION 19
245 BUDGET STABILIZATION FUND.—Proposing an amendment to the
246 State Constitution to increase the amount of funds that may be
247 retained in the budget stabilization fund from 10% to 25% of
248 general revenue collections, require the legislature to transfer
249 the lesser of $750 million or the amount required to reach 25%
250 of the general revenue collections each year unless certain
251 conditions are met, and allow the legislature to withdraw funds
252 for critical state needs.
253
254 ================= T I T L E A M E N D M E N T ================
255 And the title is amended as follows:
256 Delete everything before the resolving clause
257 and insert:
258 Senate Joint Resolution
259 A joint resolution proposing an amendment to Section
260 19 of Article III of the State Constitution to
261 increase the amount of funds that may be retained in
262 the budget stabilization fund, require an annual
263 transfer to the budget stabilization fund unless
264 certain conditions are met, and allow the legislature
265 to withdraw funds for critical state needs.