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       Florida Senate - 2010                                    SJR 952
       
       
       
       By Senator Dockery
       
       
       
       
       15-00881A-10                                           2010952__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section
    3         19 of Article III of the State Constitution, relating
    4         to state trust funds, to require a two-thirds vote of
    5         the membership of each house of the Legislature in a
    6         separate bill for that purpose only to expend the
    7         balance of a state trust fund, or any portion of a
    8         state trust fund, for any purpose other than a purpose
    9         authorized by the act that created the trust fund.
   10  
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13         That the following amendment to Section 19 of Article III
   14  of the State Constitution is agreed to and shall be submitted to
   15  the electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                             ARTICLE III                           
   19                             LEGISLATURE                           
   20         SECTION 19. State Budgeting, Planning and Appropriations
   21  Processes.—
   22         (a) ANNUAL BUDGETING.
   23         (1) General law shall prescribe the adoption of annual
   24  state budgetary and planning processes and require that detail
   25  reflecting the annualized costs of the state budget and
   26  reflecting the nonrecurring costs of the budget requests shall
   27  accompany state department and agency legislative budget
   28  requests, the governor’s recommended budget, and appropriation
   29  bills.
   30         (2) Unless approved by a three-fifths vote of the
   31  membership of each house, appropriations made for recurring
   32  purposes from nonrecurring general revenue funds for any fiscal
   33  year shall not exceed three percent of the total general revenue
   34  funds estimated to be available at the time such appropriation
   35  is made.
   36         (3) As prescribed by general law, each state department and
   37  agency shall be required to submit a legislative budget request
   38  that is based upon and that reflects the long-range financial
   39  outlook adopted by the joint legislative budget commission or
   40  that specifically explains any variance from the long-range
   41  financial outlook contained in the request.
   42         (4) For purposes of this section, the terms department and
   43  agency shall include the judicial branch.
   44         (b) APPROPRIATION BILLS FORMAT. Separate sections within
   45  the general appropriation bill shall be used for each major
   46  program area of the state budget; major program areas shall
   47  include: education enhancement “lottery” trust fund items;
   48  education (all other funds); human services; criminal justice
   49  and corrections; natural resources, environment, growth
   50  management, and transportation; general government; and judicial
   51  branch. Each major program area shall include an itemization of
   52  expenditures for: state operations; state capital outlay; aid to
   53  local governments and nonprofit organizations operations; aid to
   54  local governments and nonprofit organizations capital outlay;
   55  federal funds and the associated state matching funds; spending
   56  authorizations for operations; and spending authorizations for
   57  capital outlay. Additionally, appropriation bills passed by the
   58  legislature shall include an itemization of specific
   59  appropriations that exceed one million dollars ($1,000,000.00)
   60  in 1992 dollars. For purposes of this subsection, “specific
   61  appropriation,” “itemization,” and “major program area” shall be
   62  defined by law. This itemization threshold shall be adjusted by
   63  general law every four years to reflect the rate of inflation or
   64  deflation as indicated in the Consumer Price Index for All Urban
   65  Consumers, U.S. City Average, All Items, or successor reports as
   66  reported by the United States Department of Labor, Bureau of
   67  Labor Statistics or its successor. Substantive bills containing
   68  appropriations shall also be subject to the itemization
   69  requirement mandated under this provision and shall be subject
   70  to the governor’s specific appropriation veto power described in
   71  Article III, Section 8.
   72         (c) APPROPRIATIONS PROCESS.
   73         (1) No later than September 15 of each year, the joint
   74  legislative budget commission shall issue a long-range financial
   75  outlook setting out recommended fiscal strategies for the state
   76  and its departments and agencies in order to assist the
   77  legislature in making budget decisions. The long-range financial
   78  outlook must include major workload and revenue estimates. In
   79  order to implement this paragraph, the joint legislative budget
   80  commission shall use current official consensus estimates and
   81  may request the development of additional official estimates.
   82         (2) The joint legislative budget commission shall seek
   83  input from the public and from the executive and judicial
   84  branches when developing and recommending the long-range
   85  financial outlook.
   86         (3) The legislature shall prescribe by general law
   87  conditions under which limited adjustments to the budget, as
   88  recommended by the governor or the chief justice of the supreme
   89  court, may be approved without the concurrence of the full
   90  legislature.
   91         (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general
   92  appropriation bills shall be furnished to each member of the
   93  legislature, each member of the cabinet, the governor, and the
   94  chief justice of the supreme court at least seventy-two hours
   95  before final passage by either house of the legislature of the
   96  bill in the form that will be presented to the governor.
   97         (e) FINAL BUDGET REPORT. A final budget report shall be
   98  prepared as prescribed by general law. The final budget report
   99  shall be produced no later than the 120th day after the
  100  beginning of the fiscal year, and copies of the report shall be
  101  furnished to each member of the legislature, the head of each
  102  department and agency of the state, the auditor general, and the
  103  chief justice of the supreme court.
  104         (f) TRUST FUNDS.
  105         (1) No trust fund of the State of Florida or other public
  106  body may be created or re-created by law without a three-fifths
  107  vote of the membership of each house of the legislature in a
  108  separate bill for that purpose only.
  109         (2) State trust funds shall terminate not more than four
  110  years after the effective date of the act authorizing the
  111  initial creation of the trust fund. By law the legislature may
  112  set a shorter time period for which any trust fund is
  113  authorized.
  114         (3) Trust funds required by federal programs or mandates;
  115  trust funds established for bond covenants, indentures, or
  116  resolutions, whose revenues are legally pledged by the state or
  117  public body to meet debt service or other financial requirements
  118  of any debt obligations of the state or any public body; the
  119  state transportation trust fund; the trust fund containing the
  120  net annual proceeds from the Florida Education Lotteries; the
  121  Florida retirement trust fund; trust funds for institutions
  122  under the management of the Board of Governors, where such trust
  123  funds are for auxiliary enterprises and contracts, grants, and
  124  donations, as those terms are defined by general law; trust
  125  funds that serve as clearing funds or accounts for the chief
  126  financial officer or state agencies; trust funds that account
  127  for assets held by the state in a trustee capacity as an agent
  128  or fiduciary for individuals, private organizations, or other
  129  governmental units; and other trust funds authorized by this
  130  Constitution, are not subject to the requirements set forth in
  131  paragraph (2) of this subsection.
  132         (4) All cash balances and income of any trust funds
  133  abolished under this subsection shall be deposited into the
  134  general revenue fund.
  135         (5) No trust fund of the State of Florida may have the
  136  balance of its funds, or any portion thereof, expended for any
  137  purpose other than a purpose set forth in the act authorizing
  138  the creation of the trust fund without a two-thirds vote of the
  139  membership of each house of the legislature in a separate bill
  140  for that purpose only.
  141         (g) BUDGET STABILIZATION FUND. Subject to the provisions of
  142  this subsection, an amount equal to at least 5% of the last
  143  completed fiscal year’s net revenue collections for the general
  144  revenue fund shall be retained in the budget stabilization fund.
  145  The budget stabilization fund’s principal balance shall not
  146  exceed an amount equal to 10% of the last completed fiscal
  147  year’s net revenue collections for the general revenue fund. The
  148  legislature shall provide criteria for withdrawing funds from
  149  the budget stabilization fund in a separate bill for that
  150  purpose only and only for the purpose of covering revenue
  151  shortfalls of the general revenue fund or for the purpose of
  152  providing funding for an emergency, as defined by general law.
  153  General law shall provide for the restoration of this fund. The
  154  budget stabilization fund shall be comprised of funds not
  155  otherwise obligated or committed for any purpose.
  156         (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
  157  AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide
  158  for a long-range state planning document. The governor shall
  159  recommend to the legislature biennially any revisions to the
  160  long-range state planning document, as defined by law. General
  161  law shall require a biennial review and revision of the long
  162  range state planning document and shall require all departments
  163  and agencies of state government to develop planning documents
  164  that identify statewide strategic goals and objectives,
  165  consistent with the long-range state planning document. The
  166  long-range state planning document and department and agency
  167  planning documents shall remain subject to review and revision
  168  by the legislature. The long-range state planning document must
  169  include projections of future needs and resources of the state
  170  which are consistent with the long-range financial outlook. The
  171  department and agency planning documents shall include a
  172  prioritized listing of planned expenditures for review and
  173  possible reduction in the event of revenue shortfalls, as
  174  defined by general law.
  175         (i) GOVERNMENT EFFICIENCY TASK FORCE. No later than January
  176  of 2007, and each fourth year thereafter, the president of the
  177  senate, the speaker of the house of representatives, and the
  178  governor shall appoint a government efficiency task force, the
  179  membership of which shall be established by general law. The
  180  task force shall be composed of members of the legislature and
  181  representatives from the private and public sectors who shall
  182  develop recommendations for improving governmental operations
  183  and reducing costs. Staff to assist the task force in performing
  184  its duties shall be assigned by general law, and the task force
  185  may obtain assistance from the private sector. The task force
  186  shall complete its work within one year and shall submit its
  187  recommendations to the joint legislative budget commission, the
  188  governor, and the chief justice of the supreme court.
  189         (j) JOINT LEGISLATIVE BUDGET COMMISSION. There is created
  190  within the legislature the joint legislative budget commission
  191  composed of equal numbers of senate members appointed by the
  192  president of the senate and house members appointed by the
  193  speaker of the house of representatives. Each member shall serve
  194  at the pleasure of the officer who appointed the member. A
  195  vacancy on the commission shall be filled in the same manner as
  196  the original appointment. From November of each odd-numbered
  197  year through October of each even-numbered year, the chairperson
  198  of the joint legislative budget commission shall be appointed by
  199  the president of the senate and the vice chairperson of the
  200  commission shall be appointed by the speaker of the house of
  201  representatives. From November of each even-numbered year
  202  through October of each odd-numbered year, the chairperson of
  203  the joint legislative budget commission shall be appointed by
  204  the speaker of the house of representatives and the vice
  205  chairperson of the commission shall be appointed by the
  206  president of the senate. The joint legislative budget commission
  207  shall be governed by the joint rules of the senate and the house
  208  of representatives, which shall remain in effect until repealed
  209  or amended by concurrent resolution. The commission shall
  210  convene at least quarterly and shall convene at the call of the
  211  president of the senate and the speaker of the house of
  212  representatives. A majority of the commission members of each
  213  house plus one additional member from either house constitutes a
  214  quorum. Action by the commission requires a majority vote of the
  215  commission members present of each house. The commission may
  216  conduct its meetings through teleconferences or similar means.
  217  In addition to the powers and duties specified in this
  218  subsection, the joint legislative budget commission shall
  219  exercise all other powers and perform any other duties not in
  220  conflict with paragraph (c)(3) and as prescribed by general law
  221  or joint rule.
  222         BE IT FURTHER RESOLVED that the following statement be
  223  placed on the ballot:
  224                      CONSTITUTIONAL AMENDMENT                     
  225                       ARTICLE III, SECTION 19                     
  226         STATE TRUST FUNDS.—Proposing an amendment to the State
  227  Constitution to require a two-thirds vote of the membership of
  228  each house of the Legislature in a separate bill for that
  229  purpose only to expend the balance of a state trust fund, or any
  230  portion of a state trust fund, for any purpose other than a
  231  purpose authorized by the act that created the trust fund.

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