September 22, 2019
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_h1821__
HJR 1821

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 19 of
3Article III of the State Constitution relating to
4requirements for state budget planning, spending, and
5accountability.
6
7Be It Resolved by the Legislature of the State of Florida:
8
9     That the amendment to Section 19 of Article III of the
10State Constitution set forth below is agreed to and shall be
11submitted to the electors of Florida for approval or rejection
12at the general election to be held in November 2006:
13
ARTICLE III
14
LEGISLATURE
15     SECTION 19.  State Budgeting, Planning and Appropriations
16Processes.--
17     (a)  ANNUAL BUDGETING.
18     (1)  Effective July 1, 1994, General law shall prescribe
19the adoption of annual state budgetary and planning processes
20and require that detail reflecting the annualized costs of the
21state budget and reflecting the nonrecurring costs of the budget
22requests shall accompany state department and agency legislative
23budget requests, the governor's recommended budget, and
24appropriation bills.
25     (2)  Unless approved by a three-fifths vote of the
26membership of each house, appropriations made for recurring
27purposes from nonrecurring general revenue funds for any fiscal
28year shall not exceed three percent of the total general revenue
29funds estimated to be available at the time such appropriation
30is made.
31     (3)  As prescribed by general law, each state department
32and agency shall be required to submit a legislative budget
33request that is based upon and that reflects the long-range
34financial outlook adopted by the joint legislative budget
35commission or that specifically explains any variance from the
36long-range financial outlook contained in the request.
37     (4)  For purposes of this section subsection, the terms
38department and agency shall include the judicial branch.
39     (b)  APPROPRIATION BILLS FORMAT.  Separate sections within
40the general appropriation bill shall be used for each major
41program area of the state budget; major program areas shall
42include: education enhancement "lottery" trust fund items;
43education (all other funds); human services; criminal justice
44and corrections; natural resources, environment, growth
45management, and transportation; general government; and judicial
46branch. Each major program area shall include an itemization of
47expenditures for: state operations; state capital outlay; aid to
48local governments and nonprofit organizations operations; aid to
49local governments and nonprofit organizations capital outlay;
50federal funds and the associated state matching funds; spending
51authorizations for operations; and spending authorizations for
52capital outlay. Additionally, appropriation bills passed by the
53legislature shall include an itemization of specific
54appropriations that exceed one million dollars ($1,000,000.00)
55in 1992 dollars. For purposes of this subsection, "specific
56appropriation," "itemization," and "major program area" shall be
57defined by law. This itemization threshold shall be adjusted by
58general law every four years to reflect the rate of inflation or
59deflation as indicated in the Consumer Price Index for All Urban
60Consumers, U.S. City Average, All Items, or successor reports as
61reported by the United States Department of Labor, Bureau of
62Labor Statistics or its successor. Substantive bills containing
63appropriations shall also be subject to the itemization
64requirement mandated under this provision and shall be subject
65to the governor's specific appropriation veto power described in
66Article III, Section 8. This subsection shall be effective July
671, 1994.
68     (c)  APPROPRIATIONS REVIEW PROCESS.
69     (1)  No later than September 15 of each year, the joint
70legislative budget commission shall issue a long-range financial
71outlook setting out fiscal strategies for the state and its
72departments and agencies in order to assist the legislature in
73making policy and budget decisions. The long-range financial
74outlook must include major workload and revenue estimates. In
75order to implement this paragraph, the joint legislative budget
76commission shall use current official consensus estimates and
77may request the development of additional official estimates.
78     (2)  The joint legislative budget commission shall seek
79input from the public and from state agencies and departments
80when developing and implementing the long-range financial
81outlook.
82     (3)  The legislature shall prescribe by general law
83conditions under which limited adjustments to the budget, as
84recommended by the governor or the chief justice of the supreme
85court, may be approved without the concurrence of the full
86legislature. Effective July 1, 1993, general law shall prescribe
87requirements for each department and agency of state government
88to submit a planning document and supporting budget request for
89review by the appropriations committees of both houses of the
90legislature. The review shall include a comparison of the major
91issues in the planning document and budget requests to those
92major issues included in the governor's recommended budget. For
93purposes of this subsection, the terms department and agency
94shall include the judicial branch.
95     (d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.  All general
96appropriation bills shall be furnished to each member of the
97legislature, each member of the cabinet, the governor, and the
98chief justice of the supreme court at least seventy-two hours
99before final passage by either house of the legislature of the
100bill in the form that will be presented to the governor.
101     (e)  FINAL BUDGET REPORT.  Effective November 4, 1992, A
102final budget report shall be prepared as prescribed by general
103law. The final budget report shall be produced no later than the
104120th 90th day after the beginning of the fiscal year, and
105copies of the report shall be furnished to each member of the
106legislature, the head of each department and agency of the
107state, the auditor general, and the chief justice of the supreme
108court.
109     (f)  TRUST FUNDS.
110     (1)  No trust fund of the State of Florida or other public
111body may be created or re-created by law without a three-fifths
112(3/5) vote of the membership of each house of the legislature in
113a separate bill for that purpose only.
114     (2)  State trust funds in existence before the effective
115date of this subsection shall terminate not more than four years
116after the effective date of this subsection. State trust funds
117created after the effective date of this subsection shall
118terminate not more than four years after the effective date of
119the act authorizing the initial creation of the trust fund. By
120law the legislature may set a shorter time period for which any
121trust fund is authorized.
122     (3)  Trust funds required by federal programs or mandates;
123trust funds established for bond covenants, indentures, or
124resolutions, whose revenues are legally pledged by the state or
125public body to meet debt service or other financial requirements
126of any debt obligations of the state or any public body; the
127state transportation trust fund; the trust fund containing the
128net annual proceeds from the Florida Education Lotteries; the
129Florida retirement trust fund; trust funds for institutions
130under the management of the Board of Governors Regents, where
131such trust funds are for auxiliary enterprises and contracts,
132grants, and donations, as those terms are defined by general
133law; trust funds that serve as clearing funds or accounts for
134the chief financial officer or state agencies; trust funds that
135account for assets held by the state in a trustee capacity as an
136agent or fiduciary for individuals, private organizations, or
137other governmental units; and other trust funds authorized by
138this Constitution, are not subject to the requirements set forth
139in paragraph (2) of this subsection.
140     (4)  All cash balances and income of any trust funds
141abolished under this subsection shall be deposited into the
142general revenue fund.
143     (5)  The provisions of this subsection shall be effective
144November 4, 1992.
145     (g)  BUDGET STABILIZATION FUND.  Beginning with the 1994-
1461995 fiscal year, at least 1% of an amount equal to the last
147completed fiscal year's net revenue collections for the general
148revenue fund shall be retained in a budget stabilization fund.
149The budget stabilization fund shall be increased to at least 2%
150of said amount for the 1995-1996 fiscal year, at least 3% of
151said amount for the 1996-1997 fiscal year, at least 4% of said
152amount for the 1997-1998 fiscal year, and at least 5% of said
153amount for the 1998-1999 fiscal year. Subject to the provisions
154of this subsection, the budget stabilization fund shall be
155maintained at an amount equal to at least 5% of the last
156completed fiscal year's net revenue collections for the general
157revenue fund shall be retained in the budget stabilization fund.
158The budget stabilization fund's principal balance shall not
159exceed an amount equal to 10% of the last completed fiscal
160year's net revenue collections for the general revenue fund. The
161legislature shall provide criteria for withdrawing funds from
162the budget stabilization fund in a separate bill for that
163purpose only and only for the purpose of covering revenue
164shortfalls of the general revenue fund or for the purpose of
165providing funding for an emergency, as defined by general law.
166General law shall provide for the restoration of this fund. The
167budget stabilization fund shall be comprised of funds not
168otherwise obligated or committed for any purpose.
169     (h)  LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
170AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide
171for a long-range state planning document. The governor shall
172recommend to the legislature biennially any revisions to the
173long-range state planning document, as defined by law. General
174law shall require a biennial review and revision of the long-
175range state planning document, shall require the governor to
176report to the legislature on the progress in achieving the state
177planning document's goals, and shall require all departments and
178agencies of state government to develop planning documents that
179identify statewide strategic goals and objectives, consistent
180with the long-range state planning document. The long-range
181state planning document and department and agency planning
182documents shall remain subject to review and revision by the
183legislature. The long-range state planning document must include
184projections of future needs and resources of the state which are
185consistent with the long-range financial outlook. The department
186and agency planning documents shall include a prioritized
187listing of planned expenditures for review and possible
188reduction in the event of revenue shortfalls, as defined by
189general law. To ensure productivity and efficiency in the
190executive, legislative, and judicial branches, a quality
191management and accountability program shall be implemented by
192general law.  For the purposes of this subsection, the terms
193department and agency shall include the judicial branch. This
194subsection shall be effective July 1, 1993.
195     (i)  GOVERNMENT EFFICIENCY TASK FORCE.  No later than
196January of 2007, and each fourth year thereafter, the president
197of the senate, the speaker of the house of representatives, and
198the governor shall appoint a government efficiency task force,
199the membership of which shall be established by general law. The
200task force shall be composed of members of the legislature and
201representatives from the private and public sectors who shall
202develop recommendations for improving governmental operations
203and reducing costs. Staff to assist the task force in performing
204its duties shall be assigned by general law, and the task force
205may obtain assistance from the private sector. The task force
206shall complete its work within one year and shall submit its
207recommendations to the joint legislative budget commission, the
208governor, and the chief justice of the supreme court.
209     (j)  JOINT LEGISLATIVE BUDGET COMMISSION.  There is created
210within the legislature the joint legislative budget commission
211composed of equal numbers of senate members appointed by the
212president of the senate and house members appointed by the
213speaker of the house of representatives. Each member shall serve
214at the pleasure of the officer who appointed the member. A
215vacancy on the commission shall be filled in the same manner as
216the original appointment. From November of each odd-numbered
217year through October of each even-numbered year, the chairperson
218of the joint legislative budget commission shall be appointed by
219the president of the senate and the vice chairperson of the
220commission shall be appointed by the speaker of the house of
221representatives. From November of each even-numbered year
222through October of each odd-numbered year, the chairperson of
223the joint legislative budget commission shall be appointed by
224the speaker of the house of representatives and the vice
225chairperson of the commission shall be appointed by the
226president of the senate. The joint legislative budget commission
227shall be governed by the joint rules of the senate and the house
228of representatives, which shall remain in effect until repealed
229or amended by concurrent resolution. The commission shall
230convene at least quarterly and shall convene at the call of the
231president of the senate and the speaker of the house of
232representatives. A majority of the commission members of each
233house plus one additional member from either house constitutes a
234quorum. Action by the commission requires a majority vote of the
235commission members present of each house. The commission may
236conduct its meetings through teleconferences or similar means.
237In addition to the powers and duties specified in this
238subsection, the joint legislative budget commission shall
239exercise all other powers and perform any other duties not in
240conflict with paragraph (c)(3) and as prescribed by general law
241or joint rule.
242     BE IT FURTHER RESOLVED that the title and substance of the
243amendment proposed herein shall appear on the ballot as follows:
244
STATE PLANNING AND BUDGET PROCESS
245     Proposes an amendment to Section 19 of Article III of the
246State Constitution to limit the amount of nonrecurring general
247revenue that may be appropriated for recurring purposes in any
248fiscal year to 3 percent of the total general revenue funds
249estimated to be available, unless otherwise approved by a three-
250fifths vote of the Legislature; to change the due date of the
251production of the final budget report; to limit constitutional
252termination of a trust fund to one time only, 4 years after
253initial creation, and require a three-fifths vote of each house
254of the Legislature to re-create a trust fund by law; to require
255preparation and biennial revision of a long-range state planning
256document, require the long-range state planning document to
257include projections of future needs and resources of the state
258consistent with the long-range financial outlook, and require
259all state agencies and departments to develop planning documents
260consistent with the long-range state planning document and to
261submit legislative budget requests based on the long-range
262financial outlook and justifying each variance therefrom; to
263establish the joint Legislative Budget Commission to issue an
264annual long-range financial outlook for the state and exercise
265other duties relating to the state planning and budgeting
266process as prescribed by the State Constitution, general law, or
267joint rule; to require the Legislature to prescribe by general
268law conditions under which limited budget adjustments may be
269approved without concurrence of the full Legislature; to require
270appointment of a Government Efficiency Task Force every 4 years
271to develop recommendations for improving governmental operations
272and reducing costs and submit them within one year to the joint
273Legislative Budget Commission, the Governor, and the Chief
274Justice of the Supreme Court.


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