CRC - 2017 COMMISSIONER AMENDMENT Proposal No. P 103 Ì563684GÎ563684 LEGISLATIVE ACTION Senate . House . . . Floor: 6/OO . 03/19/2018 06:36 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 may200conduct 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.