April 02, 2020
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_h0389__
HJR 389

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


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