Bill Text: FL H0389 | 2010 | Regular Session | Introduced

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Bill Title: State Trust Funds

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2010-04-30 - Died in Full Appropriations Council on Education & Economic Development [H0389 Detail]

Download: Florida-2010-H0389-Introduced.html

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HJR 389

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 19 of
3	Article III of the State Constitution, relating to state
4	trust funds, to require a two-thirds vote of the
5	membership of each house of the Legislature in a separate
6	bill for that purpose only to expend the balance of a
7	state trust fund, or any portion of a state trust fund,
8	for any purpose other than a purpose authorized by the act
9	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
37	and agency shall be required to submit a legislative budget
38	request that is based upon and that reflects the long-range
39	financial outlook adopted by the joint legislative budget
40	commission or that specifically explains any variance from the
41	long-range 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
142	of 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
176	January of 2007, and each fourth year thereafter, the president
177	of the senate, the speaker of the house of representatives, and
178	the governor shall appoint a government efficiency task force,
179	the 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.

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