House Bill hb1379

    Florida House of Representatives - 2002               HJR 1379

        By Representative Romeo






  1                      House Joint Resolution

  2         A joint resolution proposing the creation of

  3         Section 20 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.

  7

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

  9

10         That the following creation of Section 20 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 20.  Lawton Chiles Endowment Fund.--

18         (a)  There is created the Lawton Chiles Endowment Fund

19  to provide a perpetual source of funding for the future of

20  state children's health programs, child welfare programs,

21  community-based health and human services initiatives, and

22  biomedical research activities. The principal of the endowment

23  fund, composed of moneys received from the tobacco industry to

24  mitigate the impact of the use of tobacco on Florida

25  residents, shall not be appropriated by the legislature except

26  as provided by this section. The annual capital gains and

27  investment income of the Lawton Chiles Endowment Fund may be

28  appropriated, in accordance with general law, by the

29  legislature in a separate act and shall be approved by a

30  two-thirds vote of the membership of each house.  This

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






    Florida House of Representatives - 2002               HJR 1379

    792-119-02






  1  appropriation shall not supplant current state or federal

  2  funds.

  3         (b)  In an emergency declared by the legislature, no

  4  more than 10 percent of the principal of the endowment fund

  5  may be appropriated by the legislature in any fiscal year for

  6  state children's health programs; child welfare programs; and

  7  community-based health and human services. Such appropriation

  8  shall be in a separate act and be approved by a two-thirds

  9  vote of the membership of each house.

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

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

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

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

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

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

16  programs; child welfare programs; or community-based health

17  and human services.

18         BE IT FURTHER RESOLVED that the following statement be

19  placed on the ballot:

20                     CONSTITUTIONAL AMENDMENT

21                      ARTICLE X, SECTION 20

22         USE OF FUNDS IN THE LAWTON CHILES ENDOWMENT

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

24  authorize the Legislature to appropriate the investment income

25  from the Lawton Chiles Endowment Fund as provided by general

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

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

28  welfare programs or community-based health and human services.

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