September 18, 2019
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_h1821c1
HB 1821CS

CHAMBER ACTION




1The Fiscal Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
House Joint Resolution
6A joint resolution proposing an amendment to Section 19 of
7Article III of the State Constitution relating to
8requirements for state budget planning, spending, and
9accountability.
10
11Be It Resolved by the Legislature of the State of Florida:
12
13     That the amendment to Section 19 of Article III of the
14State Constitution set forth below is agreed to and shall be
15submitted to the electors of Florida for approval or rejection
16at the general election to be held in November 2006:
17
ARTICLE III
18
LEGISLATURE
19     SECTION 19.  State Budgeting, Planning and Appropriations
20Processes.--
21     (a)  ANNUAL BUDGETING.
22     (1)  Effective July 1, 1994, General law shall prescribe
23the adoption of annual state budgetary and planning processes
24and require that detail reflecting the annualized costs of the
25state budget and reflecting the nonrecurring costs of the budget
26requests shall accompany state department and agency legislative
27budget requests, the governor's recommended budget, and
28appropriation bills.
29     (2)  Unless approved by a three-fifths vote of the
30membership of each house, appropriations made for recurring
31purposes from nonrecurring general revenue funds for any fiscal
32year shall not exceed three percent of the total general revenue
33funds estimated to be available at the time such appropriation
34is made.
35     (3)  As prescribed by general law, each state department
36and agency shall be required to submit a legislative budget
37request that is based upon and that reflects the long-range
38financial outlook adopted by the joint legislative budget
39commission or that specifically explains any variance from the
40long-range financial outlook contained in the request.
41     (4)  For purposes of this section subsection, the terms
42department and agency shall include the judicial branch.
43     (b)  APPROPRIATION BILLS FORMAT.  Separate sections within
44the general appropriation bill shall be used for each major
45program area of the state budget; major program areas shall
46include: education enhancement "lottery" trust fund items;
47education (all other funds); human services; criminal justice
48and corrections; natural resources, environment, growth
49management, and transportation; general government; and judicial
50branch. Each major program area shall include an itemization of
51expenditures for: state operations; state capital outlay; aid to
52local governments and nonprofit organizations operations; aid to
53local governments and nonprofit organizations capital outlay;
54federal funds and the associated state matching funds; spending
55authorizations for operations; and spending authorizations for
56capital outlay. Additionally, appropriation bills passed by the
57legislature shall include an itemization of specific
58appropriations that exceed one million dollars ($1,000,000.00)
59in 1992 dollars. For purposes of this subsection, "specific
60appropriation," "itemization," and "major program area" shall be
61defined by law. This itemization threshold shall be adjusted by
62general law every four years to reflect the rate of inflation or
63deflation as indicated in the Consumer Price Index for All Urban
64Consumers, U.S. City Average, All Items, or successor reports as
65reported by the United States Department of Labor, Bureau of
66Labor Statistics or its successor. Substantive bills containing
67appropriations shall also be subject to the itemization
68requirement mandated under this provision and shall be subject
69to the governor's specific appropriation veto power described in
70Article III, Section 8. This subsection shall be effective July
711, 1994.
72     (c)  APPROPRIATIONS REVIEW 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. Effective July 1, 1993, general law shall prescribe
91requirements for each department and agency of state government
92to submit a planning document and supporting budget request for
93review by the appropriations committees of both houses of the
94legislature. The review shall include a comparison of the major
95issues in the planning document and budget requests to those
96major issues included in the governor's recommended budget. For
97purposes of this subsection, the terms department and agency
98shall include the judicial branch.
99     (d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.  All general
100appropriation bills shall be furnished to each member of the
101legislature, each member of the cabinet, the governor, and the
102chief justice of the supreme court at least seventy-two hours
103before final passage by either house of the legislature of the
104bill in the form that will be presented to the governor.
105     (e)  FINAL BUDGET REPORT.  Effective November 4, 1992, A
106final budget report shall be prepared as prescribed by general
107law. The final budget report shall be produced no later than the
108120th 90th day after the beginning of the fiscal year, and
109copies of the report shall be furnished to each member of the
110legislature, the head of each department and agency of the
111state, the auditor general, and the chief justice of the supreme
112court.
113     (f)  TRUST FUNDS.
114     (1)  No trust fund of the State of Florida or other public
115body may be created or re-created by law without a three-fifths
116(3/5) vote of the membership of each house of the legislature in
117a separate bill for that purpose only.
118     (2)  State trust funds in existence before the effective
119date of this subsection shall terminate not more than four years
120after the effective date of this subsection. State trust funds
121created after the effective date of this subsection shall
122terminate not more than four years after the effective date of
123the act authorizing the initial creation of the trust fund. By
124law the legislature may set a shorter time period for which any
125trust fund is authorized.
126     (3)  Trust funds required by federal programs or mandates;
127trust funds established for bond covenants, indentures, or
128resolutions, whose revenues are legally pledged by the state or
129public body to meet debt service or other financial requirements
130of any debt obligations of the state or any public body; the
131state transportation trust fund; the trust fund containing the
132net annual proceeds from the Florida Education Lotteries; the
133Florida retirement trust fund; trust funds for institutions
134under the management of the Board of Governors Regents, where
135such trust funds are for auxiliary enterprises and contracts,
136grants, and donations, as those terms are defined by general
137law; trust funds that serve as clearing funds or accounts for
138the chief financial officer or state agencies; trust funds that
139account for assets held by the state in a trustee capacity as an
140agent or fiduciary for individuals, private organizations, or
141other governmental units; and other trust funds authorized by
142this Constitution, are not subject to the requirements set forth
143in paragraph (2) of this subsection.
144     (4)  All cash balances and income of any trust funds
145abolished under this subsection shall be deposited into the
146general revenue fund.
147     (5)  The provisions of this subsection shall be effective
148November 4, 1992.
149     (g)  BUDGET STABILIZATION FUND.  Beginning with the 1994-
1501995 fiscal year, at least 1% of an amount equal to the last
151completed fiscal year's net revenue collections for the general
152revenue fund shall be retained in a budget stabilization fund.
153The budget stabilization fund shall be increased to at least 2%
154of said amount for the 1995-1996 fiscal year, at least 3% of
155said amount for the 1996-1997 fiscal year, at least 4% of said
156amount for the 1997-1998 fiscal year, and at least 5% of said
157amount for the 1998-1999 fiscal year. Subject to the provisions
158of this subsection, the budget stabilization fund shall be
159maintained at an amount equal to at least 5% of the last
160completed fiscal year's net revenue collections for the general
161revenue fund shall be retained in the budget stabilization fund.
162The budget stabilization fund's principal balance shall not
163exceed an amount equal to 10% of the last completed fiscal
164year's net revenue collections for the general revenue fund. The
165legislature shall provide criteria for withdrawing funds from
166the budget stabilization fund in a separate bill for that
167purpose only and only for the purpose of covering revenue
168shortfalls of the general revenue fund or for the purpose of
169providing funding for an emergency, as defined by general law.
170General law shall provide for the restoration of this fund. The
171budget stabilization fund shall be comprised of funds not
172otherwise obligated or committed for any purpose.
173     (h)  LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
174AGENCY PLANNING DOCUMENT PROCESSES.  General law shall provide
175for a long-range state planning document. The governor shall
176recommend to the legislature biennially any revisions to the
177long-range state planning document, as defined by law. General
178law shall require a biennial review and revision of the long-
179range state planning document, shall require the governor to
180report to the legislature on the progress in achieving the state
181planning document's goals, and shall require all departments and
182agencies of state government to develop planning documents that
183identify statewide strategic goals and objectives, consistent
184with the long-range state planning document. The long-range
185state planning document and department and agency planning
186documents shall remain subject to review and revision by the
187legislature. The long-range state planning document must include
188projections of future needs and resources of the state which are
189consistent with the long-range financial outlook. The department
190and agency planning documents shall include a prioritized
191listing of planned expenditures for review and possible
192reduction in the event of revenue shortfalls, as defined by
193general law. To ensure productivity and efficiency in the
194executive, legislative, and judicial branches, a quality
195management and accountability program shall be implemented by
196general law.  For the purposes of this subsection, the terms
197department and agency shall include the judicial branch. This
198subsection shall be effective July 1, 1993.
199     (i)  GOVERNMENT EFFICIENCY TASK FORCE.  No later than
200January of 2007, and each fourth year thereafter, the president
201of the senate, the speaker of the house of representatives, and
202the governor shall appoint a government efficiency task force,
203the membership of which shall be established by general law. The
204task force shall be composed of members of the legislature and
205representatives from the private and public sectors who shall
206develop recommendations for improving governmental operations
207and reducing costs. Staff to assist the task force in performing
208its duties shall be assigned by general law, and the task force
209may obtain assistance from the private sector. The task force
210shall complete its work within one year and shall submit its
211recommendations to the joint legislative budget commission, the
212governor, and the chief justice of the supreme court.
213     (j)  JOINT LEGISLATIVE BUDGET COMMISSION.  There is created
214within the legislature the joint legislative budget commission
215composed of equal numbers of senate members appointed by the
216president of the senate and house members appointed by the
217speaker of the house of representatives. Each member shall serve
218at the pleasure of the officer who appointed the member. A
219vacancy on the commission shall be filled in the same manner as
220the original appointment. From November of each odd-numbered
221year through October of each even-numbered year, the chairperson
222of the joint legislative budget commission shall be appointed by
223the president of the senate and the vice chairperson of the
224commission shall be appointed by the speaker of the house of
225representatives. From November of each even-numbered year
226through October of each odd-numbered year, the chairperson of
227the joint legislative budget commission shall be appointed by
228the speaker of the house of representatives and the vice
229chairperson of the commission shall be appointed by the
230president of the senate. The joint legislative budget commission
231shall be governed by the joint rules of the senate and the house
232of representatives, which shall remain in effect until repealed
233or amended by concurrent resolution. The commission shall
234convene at least quarterly and shall convene at the call of the
235president of the senate and the speaker of the house of
236representatives. A majority of the commission members of each
237house plus one additional member from either house constitutes a
238quorum. Action by the commission requires a majority vote of the
239commission members present of each house. The commission may
240conduct its meetings through teleconferences or similar means.
241In addition to the powers and duties specified in this
242subsection, the joint legislative budget commission shall
243exercise all other powers and perform any other duties not in
244conflict with paragraph (c)(3) and as prescribed by general law
245or joint rule.
246     BE IT FURTHER RESOLVED that the title and substance of the
247amendment proposed herein shall appear on the ballot as follows:
248
STATE PLANNING AND BUDGET PROCESS
249     Proposes an amendment to Section 19 of Article III of the
250State Constitution to limit the amount of nonrecurring general
251revenue that may be appropriated for recurring purposes in any
252fiscal year to 3 percent of the total general revenue funds
253estimated to be available, unless otherwise approved by a three-
254fifths vote of the Legislature; to change the due date of the
255production of the final budget report; to limit constitutional
256termination of a trust fund to one time only, 4 years after
257initial creation, and require a three-fifths vote of each house
258of the Legislature to re-create a trust fund by law; to require
259preparation and biennial revision of a long-range state planning
260document, require the long-range state planning document to
261include projections of future needs and resources of the state
262consistent with the long-range financial outlook, and require
263all state agencies and departments to develop planning documents
264consistent with the long-range state planning document and to
265submit legislative budget requests based on the long-range
266financial outlook and justifying each variance therefrom; to
267establish the joint Legislative Budget Commission to issue an
268annual long-range financial outlook for the state and exercise
269other duties relating to the state planning and budgeting
270process as prescribed by the State Constitution, general law, or
271joint rule; to require the Legislature to prescribe by general
272law conditions under which limited budget adjustments may be
273approved without concurrence of the full Legislature; to require
274appointment of a Government Efficiency Task Force every 4 years
275to develop recommendations for improving governmental operations
276and reducing costs and submit them within one year to the joint
277Legislative Budget Commission, the Governor, and the Chief
278Justice of the Supreme Court.


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