CRC - 2017 COMMISSIONER AMENDMENT
Proposal No. P 103
Ì563684GÎ563684
LEGISLATIVE ACTION
Senate . House
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Floor: 6/OO .
03/19/2018 06:36 PM .
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Commissioner Lee moved the following:
1 CRC Amendment (with title amendment)
2
3 Delete line 10
4 and insert:
5 Sections 3 and 19 of Article III of the State Constitution
6 are
7
8 After line 50
9 insert:
10 SECTION 19. State Budgeting, Planning and Appropriations
11 Processes.—
12 (a) ANNUAL BUDGETING.
13 (1) General law shall prescribe the adoption of annual
14 state budgetary and planning processes and require that detail
15 reflecting the annualized costs of the state budget and
16 reflecting the nonrecurring costs of the budget requests shall
17 accompany state department and agency legislative budget
18 requests, the governor’s recommended budget, and appropriation
19 bills.
20 (2) Unless approved by a three-fifths vote of the
21 membership of each house, appropriations made for recurring
22 purposes from nonrecurring general revenue funds for any fiscal
23 year shall not exceed three percent of the total general revenue
24 funds estimated to be available at the time such appropriation
25 is made.
26 (3) As prescribed by general law, each state department and
27 agency shall be required to submit a legislative budget request
28 that is based upon and that reflects the long-range financial
29 outlook adopted by the joint legislative budget commission or
30 that specifically explains any variance from the long-range
31 financial outlook contained in the request.
32 (4) For purposes of this section, the terms department and
33 agency shall include the judicial branch.
34 (b) APPROPRIATION BILLS FORMAT. Separate sections within
35 the general appropriation bill shall be used for each major
36 program area of the state budget; major program areas shall
37 include: education enhancement “lottery” trust fund items;
38 education (all other funds); human services; criminal justice
39 and corrections; natural resources, environment, growth
40 management, and transportation; general government; and judicial
41 branch. Each major program area shall include an itemization of
42 expenditures for: state operations; state capital outlay; aid to
43 local governments and nonprofit organizations operations; aid to
44 local governments and nonprofit organizations capital outlay;
45 federal funds and the associated state matching funds; spending
46 authorizations for operations; and spending authorizations for
47 capital outlay. Additionally, appropriation bills passed by the
48 legislature shall include an itemization of specific
49 appropriations that exceed one million dollars ($1,000,000.00)
50 in 1992 dollars. For purposes of this subsection, “specific
51 appropriation,” “itemization,” and “major program area” shall be
52 defined by law. This itemization threshold shall be adjusted by
53 general law every four years to reflect the rate of inflation or
54 deflation as indicated in the Consumer Price Index for All Urban
55 Consumers, U.S. City Average, All Items, or successor reports as
56 reported by the United States Department of Labor, Bureau of
57 Labor Statistics or its successor. Substantive bills containing
58 appropriations shall also be subject to the itemization
59 requirement mandated under this provision and shall be subject
60 to the governor’s specific appropriation veto power described in
61 Article III, Section 8.
62 (c) APPROPRIATIONS PROCESS.
63 (1) No later than September 15 of each year, the joint
64 legislative budget commission shall issue a long-range financial
65 outlook setting out recommended fiscal strategies for the state
66 and its departments and agencies in order to assist the
67 legislature in making budget decisions. The long-range financial
68 outlook must include major workload and revenue estimates. In
69 order to implement this paragraph, the joint legislative budget
70 commission shall use current official consensus estimates and
71 may request the development of additional official estimates.
72 (2) The joint legislative budget commission shall seek
73 input from the public and from the executive and judicial
74 branches when developing and recommending the long-range
75 financial outlook.
76 (3) The legislature shall prescribe by general law
77 conditions under which limited adjustments to the budget, as
78 recommended by the governor or the chief justice of the supreme
79 court, may be approved without the concurrence of the full
80 legislature.
81 (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general
82 appropriation bills shall be furnished to each member of the
83 legislature, each member of the cabinet, the governor, and the
84 chief justice of the supreme court at least seventy-two hours
85 before final passage by either house of the legislature of the
86 bill in the form that will be presented to the governor.
87 (e) FINAL BUDGET REPORT. A final budget report shall be
88 prepared as prescribed by general law. The final budget report
89 shall be produced no later than the 120th day after the
90 beginning of the fiscal year, and copies of the report shall be
91 furnished to each member of the legislature, the head of each
92 department and agency of the state, the auditor general, and the
93 chief justice of the supreme court.
94 (f) TRUST FUNDS.
95 (1) No trust fund of the State of Florida or other public
96 body may be created or re-created by law without a three-fifths
97 vote of the membership of each house of the legislature in a
98 separate bill for that purpose only.
99 (2) State trust funds shall terminate not more than four
100 years after the effective date of the act authorizing the
101 initial creation of the trust fund. By law the legislature may
102 set a shorter time period for which any trust fund is
103 authorized.
104 (3) Trust funds required by federal programs or mandates;
105 trust funds established for bond covenants, indentures, or
106 resolutions, whose revenues are legally pledged by the state or
107 public body to meet debt service or other financial requirements
108 of any debt obligations of the state or any public body; the
109 state transportation trust fund; the trust fund containing the
110 net annual proceeds from the Florida Education Lotteries; the
111 Florida retirement trust fund; trust funds for institutions
112 under the management of the Board of Governors, where such trust
113 funds are for auxiliary enterprises and contracts, grants, and
114 donations, as those terms are defined by general law; trust
115 funds that serve as clearing funds or accounts for the chief
116 financial officer or state agencies; trust funds that account
117 for assets held by the state in a trustee capacity as an agent
118 or fiduciary for individuals, private organizations, or other
119 governmental units; and other trust funds authorized by this
120 Constitution, are not subject to the requirements set forth in
121 paragraph (2) of this subsection.
122 (4) All cash balances and income of any trust funds
123 abolished under this subsection shall be deposited into the
124 general revenue fund.
125 (g) BUDGET STABILIZATION FUND. Subject to the provisions of
126 this subsection, an amount equal to at least 5% of the last
127 completed fiscal year’s net revenue collections for the general
128 revenue fund shall be retained in the budget stabilization fund.
129 The budget stabilization fund’s principal balance shall not
130 exceed an amount equal to 10% of the last completed fiscal
131 year’s net revenue collections for the general revenue fund. The
132 legislature shall provide criteria for withdrawing funds from
133 the budget stabilization fund in a separate bill for that
134 purpose only and only for the purpose of covering revenue
135 shortfalls of the general revenue fund or for the purpose of
136 providing funding for an emergency, as defined by general law.
137 General law shall provide for the restoration of this fund. The
138 budget stabilization fund shall be comprised of funds not
139 otherwise obligated or committed for any purpose.
140 (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
141 AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide
142 for a long-range state planning document. The governor shall
143 recommend to the legislature biennially any revisions to the
144 long-range state planning document, as defined by law. General
145 law shall require a biennial review and revision of the long
146 range state planning document and shall require all departments
147 and agencies of state government to develop planning documents
148 that identify statewide strategic goals and objectives,
149 consistent with the long-range state planning document. The
150 long-range state planning document and department and agency
151 planning documents shall remain subject to review and revision
152 by the legislature. The long-range state planning document must
153 include projections of future needs and resources of the state
154 which are consistent with the long-range financial outlook. The
155 department and agency planning documents shall include a
156 prioritized listing of planned expenditures for review and
157 possible reduction in the event of revenue shortfalls, as
158 defined by general law.
159 (i) GOVERNMENT EFFICIENCY TASK FORCE. No later than January
160 of 2007, and each fourth year thereafter, the president of the
161 senate, the speaker of the house of representatives, and the
162 governor shall appoint a government efficiency task force, the
163 membership of which shall be established by general law. The
164 task force shall be composed of members of the legislature and
165 representatives from the private and public sectors who shall
166 develop recommendations for improving governmental operations
167 and reducing costs. Staff to assist the task force in performing
168 its duties shall be assigned by general law, and the task force
169 may obtain assistance from the private sector. The task force
170 shall complete its work within one year and shall submit its
171 recommendations to the joint legislative budget commission, the
172 governor, and the chief justice of the supreme court.
173 (j) JOINT LEGISLATIVE BUDGET COMMISSION. There is created
174 within the legislature the joint legislative budget commission
175 composed of equal numbers of senate members appointed by the
176 president of the senate and house members appointed by the
177 speaker of the house of representatives. Each member shall serve
178 at the pleasure of the officer who appointed the member. A
179 vacancy on the commission shall be filled in the same manner as
180 the original appointment. From November of each odd-numbered
181 year through October of each even-numbered year, the chairperson
182 of the joint legislative budget commission shall be appointed by
183 the president of the senate and the vice chairperson of the
184 commission shall be appointed by the speaker of the house of
185 representatives. From November of each even-numbered year
186 through October of each odd-numbered year, the chairperson of
187 the joint legislative budget commission shall be appointed by
188 the speaker of the house of representatives and the vice
189 chairperson of the commission shall be appointed by the
190 president of the senate. The joint legislative budget commission
191 shall be governed by the joint rules of the senate and the house
192 of representatives, which shall remain in effect until repealed
193 or amended by concurrent resolution. The commission shall
194 convene at least quarterly and shall convene at the call of the
195 president of the senate and the speaker of the house of
196 representatives. A majority of the commission members of each
197 house plus one additional member from either house constitutes a
198 quorum. Action by the commission requires a majority vote of the
199 commission members present of each house. The commission may
200 conduct its meetings through teleconferences or similar means.
201 In addition to the powers and duties specified in this
202 subsection, the joint legislative budget commission shall
203 exercise all other powers and perform any other duties not in
204 conflict with paragraph (c)(3) and as prescribed by general law
205 or joint rule.
206
207 ================= T I T L E A M E N D M E N T ================
208 And the title is amended as follows:
209 Delete lines 2 - 5
210 and insert:
211 Sections 3 and 19 of Article III of the State
212 Constitution to provide that the Legislature convene
213 for regular session on the second Tuesday after the
214 first Monday in January of each even-numbered year and
215 to remove authorization for the Joint Legislative
216 Budget Commission to conduct meetings through
217 teleconferences or similar means.