Bill Text: FL H0241 | 2010 | Regular Session | Introduced

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Bill Title: Expanding Public's Access/Legislative Process

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H0241 Detail]

Download: Florida-2010-H0241-Introduced.html

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HJR 241

1	House Joint Resolution
2	A joint resolution proposing amendments to Section 24 of
3	Article I and Sections 4, 7, and 19 of Article III of the
4	State Constitution to make the legislative process more
5	open to the public and increase access to public records
6	and meetings.
7
8	Be It Resolved by the Legislature of the State of Florida:
9
10	That the following amendments to Section 24 of Article I
11	and Sections 4, 7, and 19 of Article III of the State
12	Constitution are agreed to and shall be submitted to the
13	electors of this state for approval or rejection at the next
14	general election or at an earlier special election specifically
15	authorized by law for that purpose:
16	ARTICLE I
17	DECLARATION OF RIGHTS
18	SECTION 24. Access to public records and meetings.--
19	(a) Every person has the right to inspect or copy any
20	public record made or received in connection with the official
21	business of any public body, officer, or employee of the state,
22	or persons acting on their behalf, except with respect to
23	records exempted pursuant to this section or specifically made
24	confidential by this Constitution. This section specifically
25	includes the legislative, executive, and judicial branches of
26	government and each agency or department created thereunder;
27	counties, municipalities, and districts; and each constitutional
28	officer, board, and commission, or entity created pursuant to
29	law or this Constitution.
30	(b) All meetings of any collegial public body of the
31	executive branch of state government or of any collegial public
32	body of a county, municipality, school district, or special
33	district, at which official acts are to be taken or at which
34	public business of such body is to be transacted or discussed,
35	shall be open and noticed to the public and meetings of the
36	legislature shall be open and noticed as provided in Article
37	III, Section 4(e), except with respect to meetings exempted
38	pursuant to this section or specifically closed by this
39	Constitution.
40	(c) This section shall be self-executing. The legislature,
41	however, may provide by general law passed by a two-thirds vote
42	of the membership of each house for the exemption of records
43	from the requirements of subsection (a) and the exemption of
44	meetings from the requirements of subsection (b), provided that
45	such law shall state with specificity the public necessity
46	justifying the exemption and shall be no broader than necessary
47	to accomplish the stated purpose of the law. The legislature
48	shall enact laws governing the enforcement of this section,
49	including the maintenance, control, destruction, disposal, and
50	disposition of records made public by this section, except that
51	each house of the legislature may adopt reasonable rules
52	governing the enforcement of this section in relation to records
53	of the legislative branch. Challenges to the reasonableness or
54	interpretation of a rule may be appealed to the circuit court.
55	Laws enacted pursuant to this subsection shall contain only
56	exemptions from the requirements of subsections (a) or (b) and
57	provisions governing the enforcement of this section, and shall
58	relate to one subject.
59	(d) All laws that are in effect on July 1, 1993 that limit
60	public access to records or meetings shall remain in force, and
61	such laws apply to records of the legislative and judicial
62	branches, until they are repealed. Rules of court that are in
63	effect on the date of adoption of this section that limit access
64	to records shall remain in effect until they are repealed.
65	ARTICLE III
66	LEGISLATURE
67	SECTION 4. Quorum and procedure.--
68	(a) A majority of the membership of each house shall
69	constitute a quorum, but a smaller number may adjourn from day
70	to day and compel the presence of absent members in such manner
71	and under such penalties as it may prescribe. Each house shall
72	determine its rules of procedure.
73	(b) Sessions of each house shall be public; except
74	sessions of the senate when considering appointment to or
75	removal from public office may be closed.
76	(c) Each house shall keep and publish a journal of its
77	proceedings; and upon the request of five members present, the
78	vote of each member voting on any question shall be entered on
79	the journal. In any legislative committee or subcommittee, the
80	vote of each member voting on the final passage of any
81	legislation pending before the committee, and upon the request
82	of any two members of the committee or subcommittee, the vote of
83	each member on any other question, shall be recorded.
84	(d) Each house may punish a member for contempt or
85	disorderly conduct and, by a two-thirds vote of its membership,
86	may expel a member.
87	(e) The rules of procedure of each house shall provide
88	that all legislative committee and subcommittee meetings of each
89	house, and joint conference committee meetings, shall be open
90	and noticed to the public. A member of a conference committee
91	may not discuss issues before the conference committee with
92	another member of such committee except at a meeting that is
93	open and noticed to the public. The rules of procedure of each
94	house shall further provide that all other prearranged
95	gatherings, between more than two members of the legislature, or
96	between the governor, the president of the senate, or the
97	speaker of the house of representatives, the purpose of which is
98	to agree upon formal legislative action that will be taken at a
99	subsequent time, or at which formal legislative action is taken,
100	regarding pending legislation or amendments, shall be reasonably
101	open to the public. All open meetings shall be subject to order
102	and decorum. This section shall be implemented and defined by
103	the rules of each house, and such rules shall control admission
104	to the floor of each legislative chamber and may, where
105	reasonably necessary for security purposes or to protect a
106	witness appearing before a committee, provide for the closure of
107	committee meetings. Each house shall be the sole judge for the
108	reasonable interpretation, implementation, and enforcement of
109	this section. Challenges to the reasonableness or interpretation
110	of a rule may be appealed to the circuit court.
111	SECTION 7. Passage of bills.--
112	(a) Any bill may originate in either house and after
113	passage in one may be amended in the other. It shall be read in
114	each house on three separate days, unless this rule is waived by
115	two-thirds vote; provided the publication of its title in the
116	journal of a house shall satisfy the requirement for the first
117	reading in that house. On each reading, it shall be read by
118	title only, unless one-third of the members present desire it
119	read in full. On final passage, the vote of each member voting
120	shall be entered on the journal. Passage of a bill shall require
121	a majority vote in each house. Each bill and joint resolution
122	passed in both houses shall be signed by the presiding officers
123	of the respective houses and by the secretary of the senate and
124	the clerk of the house of representatives during the session or
125	as soon as practicable after its adjournment sine die.
126	(b) During a special session, the last 5 days of a regular
127	session, and any extension of a special or regular session, an
128	amendment, except a technical amendment, may not be introduced
129	unless the amendment was adopted by a committee or authorized
130	for introduction by a three-fourths vote of the membership of
131	the house in which the amendment is offered.
132	SECTION 19. State Budgeting, Planning and Appropriations
133	Processes.--
134	(a) ANNUAL BUDGETING.
135	(1) General law shall prescribe the adoption of annual
136	state budgetary and planning processes and require that detail
137	reflecting the annualized costs of the state budget and
138	reflecting the nonrecurring costs of the budget requests shall
139	accompany state department and agency legislative budget
140	requests, the governor's recommended budget, and appropriation
141	bills.
142	(2) Unless approved by a three-fifths vote of the
143	membership of each house, appropriations made for recurring
144	purposes from nonrecurring general revenue funds for any fiscal
145	year shall not exceed three percent of the total general revenue
146	funds estimated to be available at the time such appropriation
147	is made.
148	(3) As prescribed by general law, each state department
149	and agency shall be required to submit a legislative budget
150	request that is based upon and that reflects the long-range
151	financial outlook adopted by the joint legislative budget
152	commission or that specifically explains any variance from the
153	long-range financial outlook contained in the request.
154	(4) For purposes of this section, the terms department and
155	agency shall include the judicial branch.
156	(b) APPROPRIATIONS BILLS FORMAT. The general
157	appropriations bill shall provide to the reader sufficient
158	information for the average reader to be able to determine: the
159	source of funds; the use of the funds appropriated, with enough
160	detail to know what purpose the funds are intended to achieve;
161	and where to find any underlying references needed to provide
162	sufficient detail. An appropriations bill must also contain
163	references to any performance measures or requirements that
164	relate to the use of such funds.
165	(b) APPROPRIATION BILLS FORMAT. Separate sections within
166	the general appropriation bill shall be used for each major
167	program area of the state budget; major program areas shall
168	include: education enhancement "lottery" trust fund items;
169	education (all other funds); human services; criminal justice
170	and corrections; natural resources, environment, growth
171	management, and transportation; general government; and judicial
172	branch. Each major program area shall include an itemization of
173	expenditures for: state operations; state capital outlay; aid to
174	local governments and nonprofit organizations operations; aid to
175	local governments and nonprofit organizations capital outlay;
176	federal funds and the associated state matching funds; spending
177	authorizations for operations; and spending authorizations for
178	capital outlay. Additionally, appropriation bills passed by the
179	legislature shall include an itemization of specific
180	appropriations that exceed one million dollars ($1,000,000.00)
181	in 1992 dollars. For purposes of this subsection, "specific
182	appropriation," "itemization," and "major program area" shall be
183	defined by law. This itemization threshold shall be adjusted by
184	general law every four years to reflect the rate of inflation or
185	deflation as indicated in the Consumer Price Index for All Urban
186	Consumers, U.S. City Average, All Items, or successor reports as
187	reported by the United States Department of Labor, Bureau of
188	Labor Statistics or its successor. Substantive bills containing
189	appropriations shall also be subject to the itemization
190	requirement mandated under this provision and shall be subject
191	to the governor's specific appropriation veto power described in
192	Article III, Section 8.
193	(c) APPROPRIATIONS PROCESS.
194	(1) No later than September 15 of each year, the joint
195	legislative budget commission shall issue a long-range financial
196	outlook setting out recommended fiscal strategies for the state
197	and its departments and agencies in order to assist the
198	legislature in making budget decisions. The long-range financial
199	outlook must include major workload and revenue estimates. In
200	order to implement this paragraph, the joint legislative budget
201	commission shall use current official consensus estimates and
202	may request the development of additional official estimates.
203	(2) The joint legislative budget commission shall seek
204	input from the public and from the executive and judicial
205	branches when developing and recommending the long-range
206	financial outlook.
207	(3) The legislature shall prescribe by general law
208	conditions under which limited adjustments to the budget, as
209	recommended by the governor or the chief justice of the supreme
210	court, may be approved without the concurrence of the full
211	legislature.
212	(4) A general appropriations bill that is enacted by the
213	legislature must be the product of a joint conference committee,
214	except as otherwise provided in this section.
215	(d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general
216	appropriation bills shall be furnished to each member of the
217	legislature, each member of the cabinet, the governor, and the
218	chief justice of the supreme court at least seventy-two hours
219	before final passage by either house of the legislature of the
220	bill in the form that will be presented to the governor.
221	(e) FINAL BUDGET REPORT. A final budget report shall be
222	prepared as prescribed by general law. The final budget report
223	shall be produced no later than the 120th day after the
224	beginning of the fiscal year, and copies of the report shall be
225	furnished to each member of the legislature, the head of each
226	department and agency of the state, the auditor general, and the
227	chief justice of the supreme court.
228	(f) TRUST FUNDS.
229	(1) No trust fund of the State of Florida or other public
230	body may be created or re-created by law without a three-fifths
231	vote of the membership of each house of the legislature in a
232	separate bill for that purpose only.
233	(2) State trust funds shall terminate not more than four
234	years after the effective date of the act authorizing the
235	initial creation of the trust fund. By law the legislature may
236	set a shorter time period for which any trust fund is
237	authorized.
238	(3) Trust funds required by federal programs or mandates;
239	trust funds established for bond covenants, indentures, or
240	resolutions, whose revenues are legally pledged by the state or
241	public body to meet debt service or other financial requirements
242	of any debt obligations of the state or any public body; the
243	state transportation trust fund; the trust fund containing the
244	net annual proceeds from the Florida Education Lotteries; the
245	Florida retirement trust fund; trust funds for institutions
246	under the management of the Board of Governors, where such trust
247	funds are for auxiliary enterprises and contracts, grants, and
248	donations, as those terms are defined by general law; trust
249	funds that serve as clearing funds or accounts for the chief
250	financial officer or state agencies; trust funds that account
251	for assets held by the state in a trustee capacity as an agent
252	or fiduciary for individuals, private organizations, or other
253	governmental units; and other trust funds authorized by this
254	Constitution, are not subject to the requirements set forth in
255	paragraph (2) of this subsection.
256	(4) All cash balances and income of any trust funds
257	abolished under this subsection shall be deposited into the
258	general revenue fund.
259	(g) BUDGET STABILIZATION FUND. Subject to the provisions
260	of this subsection, an amount equal to at least 5% of the last
261	completed fiscal year's net revenue collections for the general
262	revenue fund shall be retained in the budget stabilization fund.
263	The budget stabilization fund's principal balance shall not
264	exceed an amount equal to 10% of the last completed fiscal
265	year's net revenue collections for the general revenue fund. The
266	legislature shall provide criteria for withdrawing funds from
267	the budget stabilization fund in a separate bill for that
268	purpose only and only for the purpose of covering revenue
269	shortfalls of the general revenue fund or for the purpose of
270	providing funding for an emergency, as defined by general law.
271	General law shall provide for the restoration of this fund. The
272	budget stabilization fund shall be comprised of funds not
273	otherwise obligated or committed for any purpose.
274	(h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
275	AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide
276	for a long-range state planning document. The governor shall
277	recommend to the legislature biennially any revisions to the
278	long-range state planning document, as defined by law. General
279	law shall require a biennial review and revision of the long-
280	range state planning document and shall require all departments
281	and agencies of state government to develop planning documents
282	that identify statewide strategic goals and objectives,
283	consistent with the long-range state planning document. The
284	long-range state planning document and department and agency
285	planning documents shall remain subject to review and revision
286	by the legislature. The long-range state planning document must
287	include projections of future needs and resources of the state
288	which are consistent with the long-range financial outlook. The
289	department and agency planning documents shall include a
290	prioritized listing of planned expenditures for review and
291	possible reduction in the event of revenue shortfalls, as
292	defined by general law.
293	(i) GOVERNMENT EFFICIENCY TASK FORCE. No later than
294	January of 2007, and each fourth year thereafter, the president
295	of the senate, the speaker of the house of representatives, and
296	the governor shall appoint a government efficiency task force,
297	the membership of which shall be established by general law. The
298	task force shall be composed of members of the legislature and
299	representatives from the private and public sectors who shall
300	develop recommendations for improving governmental operations
301	and reducing costs. Staff to assist the task force in performing
302	its duties shall be assigned by general law, and the task force
303	may obtain assistance from the private sector. The task force
304	shall complete its work within one year and shall submit its
305	recommendations to the joint legislative budget commission, the
306	governor, and the chief justice of the supreme court.
307	(j) JOINT LEGISLATIVE BUDGET COMMISSION. There is created
308	within the legislature the joint legislative budget commission
309	composed of equal numbers of senate members appointed by the
310	president of the senate and house members appointed by the
311	speaker of the house of representatives. Each member shall serve
312	at the pleasure of the officer who appointed the member. A
313	vacancy on the commission shall be filled in the same manner as
314	the original appointment. From November of each odd-numbered
315	year through October of each even-numbered year, the chairperson
316	of the joint legislative budget commission shall be appointed by
317	the president of the senate and the vice chairperson of the
318	commission shall be appointed by the speaker of the house of
319	representatives. From November of each even-numbered year
320	through October of each odd-numbered year, the chairperson of
321	the joint legislative budget commission shall be appointed by
322	the speaker of the house of representatives and the vice
323	chairperson of the commission shall be appointed by the
324	president of the senate. The joint legislative budget commission
325	shall be governed by the joint rules of the senate and the house
326	of representatives, which shall remain in effect until repealed
327	or amended by concurrent resolution. The commission shall
328	convene at least quarterly and shall convene at the call of the
329	president of the senate and the speaker of the house of
330	representatives. A majority of the commission members of each
331	house plus one additional member from either house constitutes a
332	quorum. Action by the commission requires a majority vote of the
333	commission members present of each house. The commission may
334	conduct its meetings through teleconferences or similar means.
335	In addition to the powers and duties specified in this
336	subsection, the joint legislative budget commission shall
337	exercise all other powers and perform any other duties not in
338	conflict with paragraph (c)(3) and as prescribed by general law
339	or joint rule.
340	BE IT FURTHER RESOLVED that the following statement be
341	placed on the ballot:
342	CONSTITUTIONAL AMENDMENT
343	ARTICLE I, SECTION 24
344	ARTICLE III, SECTIONS 4, 7, and 19
345	EXPANDING PUBLIC ACCESS TO THE LEGISLATIVE PROCESS AND
346	PUBLIC RECORDS AND MEETINGS.--The State Constitution generally
347	authorizes the public to inspect public records. The State
348	Constitution also generally requires meetings of governmental
349	bodies, including meetings of state legislative bodies, to be
350	noticed and open to the public. The State Constitution
351	authorizes the Legislature to adopt rules relating to public
352	access to legislative documents and meetings. However, this
353	amendment authorizes a person to challenge the reasonableness or
354	interpretation of those rules in circuit court.
355	The amendment also:
356	(1) Provides that members of a legislative conference
357	committee may discuss matters before the conference committee
358	with other members of the committee only at a meeting that is
359	noticed and open to the public.
360	(2) Prohibits the Legislature from considering amendments
361	to bills, except technical amendments, during a special session,
362	the last five days of a regular session, and any extension of a
363	special or regular session unless the amendments were adopted by
364	a committee or authorized for introduction by a three-fourths
365	vote of the membership of the house in which the amendments are
366	offered.
367	(3) Replaces existing requirements for the format of
368	appropriations bills with requirements to make appropriations
369	bills more user friendly. Specifically, appropriations bills
370	must clearly identify the purposes for the use of appropriated
371	funds and contain references to detailed information and
372	performance measures relating to the appropriation.
373	(4) Requires general appropriations acts to be the product
374	of a joint conference committee.
375	(5) Clarifies that a two-thirds vote of the membership of
376	each house is required to enact a new public-records exemption
377	or public-meeting exemption.

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