Senate Bill 1008c1

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



    Florida Senate - 2000                          CS for SJR 1008

    By the Committee on Governmental Oversight and Productivity;
    and Senator Kirkpatrick




    302-2181-00

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing the creation of

  3         Section 19 of Article X of the State

  4         Constitution, relating to miscellaneous

  5         matters, to prescribe the use of moneys in the

  6         Lawton Chiles Endowment Fund.

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  8  Be It Resolved by the Legislature of the State of Florida:

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10         That the following creation of Section 19 of Article X

11  of the State Constitution is agreed to and shall be submitted

12  to the electors of this state for approval or rejection at the

13  next general election or at an earlier special election

14  specifically authorized by law for that purpose:

15                            ARTICLE X

16                          MISCELLANEOUS

17         SECTION 19.  Lawton Chiles Endowment Fund.--

18         (a)  The annual capital gains and investment income of

19  the Lawton Chiles Endowment Fund may be appropriated, in

20  accordance with general law, by the legislature pursuant to

21  the general appropriations act. The principal of the endowment

22  fund, composed of settlement moneys received from the tobacco

23  industry, shall not be appropriated by the legislature except

24  as provided by this section.

25         (b)  In an emergency, no more than ten percent of the

26  principal of the endowment fund may be appropriated by the

27  legislature in any fiscal year for state children's health

28  programs; child welfare programs; community-based health and

29  human services; and biomedical research activities related to

30  the diagnosis and treatment of diseases related to tobacco

31  use, including cancer, cardiovascular diseases, stroke, and

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    Florida Senate - 2000                          CS for SJR 1008
    302-2181-00




  1  pulmonary diseases. Such appropriation shall be by a

  2  two-thirds vote of the membership of each house.

  3         (c)  For purposes of this section, the term "emergency"

  4  means a set of conditions which was unforeseen and which must

  5  be corrected in order to continue an operation of government,

  6  or a set of conditions which constitutes an imminent threat to

  7  public health, safety, or welfare. The emergency must relate

  8  to one of the following areas: state children's health

  9  programs; child welfare programs; community-based health and

10  human services; or biomedical research activities related to

11  the diagnosis and treatment of diseases related to tobacco

12  use, including cancer, cardiovascular disease, stroke, and

13  pulmonary diseases.

14         BE IT FURTHER RESOLVED that the following statement be

15  placed on the ballot:

16                     CONSTITUTIONAL AMENDMENT

17                      ARTICLE X, SECTION 19

18         USE OF FUNDS IN THE LAWTON CHILES ENDOWMENT

19  FUND.--Proposing an amendment to the State Constitution to

20  authorize the Legislature to appropriate the investment income

21  from the Lawton Chiles Endowment Fund as provided by general

22  law and to limit the use of the principal of the endowment

23  fund to emergencies that relate to children's health or

24  welfare programs, community-based health and human services,

25  and certain biomedical research activities.

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






    Florida Senate - 2000                          CS for SJR 1008
    302-2181-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SJR 1008

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  4  Removes language providing for constitutional amendment to
    Article IX, section 4 of the State Constitution.
  5
    Creates language providing for constitutional amendment to
  6  Article X of the State Constitution.

  7  Limits any use of the principal of the Lawton Chiles Endowment
    Fund to emergency situations.
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    Provides that, even in an emergency, no more than 10 percent
  9  of the principal can be appropriated by the Legislature in any
    fiscal year.
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    Provides that appropriation of the principal must be by a
11  two-thirds vote of the membership of each house of the
    Legislature.
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