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.