Bill Text: FL S0440 | 2010 | Regular Session | Introduced
Bill Title: Legislative Process [WPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Ethics and Elections [S0440 Detail]
Download: Florida-2010-S0440-Introduced.html
Florida Senate - 2010 SJR 440 By Senator Gelber 35-00236C-10 2010440__ 1 Senate Joint Resolution 2 A joint resolution proposing amendments to Section 24 3 of Article I and Sections 4, 7, and 19 of Article III 4 of the State Constitution to make the legislative 5 process more open to the public. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 9 That the following amendments to Section 24 of Article I 10 and Sections 4, 7, and 19 of Article III of the State 11 Constitution are agreed to and shall be submitted to the 12 electors of this state for approval or rejection at the next 13 general election or at an earlier special election specifically 14 authorized by law for that purpose: 15 ARTICLE I 16 DECLARATION OF RIGHTS 17 SECTION 24. Access to public records and meetings.— 18 (a) Every person has the right to inspect or copy any 19 public record made or received in connection with the official 20 business of any public body, officer, or employee of the state, 21 or persons acting on their behalf, except with respect to 22 records exempted pursuant to this section or specifically made 23 confidential by this Constitution. This section specifically 24 includes the legislative, executive, and judicial branches of 25 government and each agency or department created thereunder; 26 counties, municipalities, and districts; and each constitutional 27 officer, board, and commission, or entity created pursuant to 28 law or this Constitution. 29 (b) All meetings of any collegial public body of the 30 executive branch of state government or of any collegial public 31 body of a county, municipality, school district, or special 32 district, at which official acts are to be taken or at which 33 public business of such body is to be transacted or discussed, 34 shall be open and noticed to the public and meetings of the 35 legislature shall be open and noticed as provided in Article 36 III, Section 4(e), except with respect to meetings exempted 37 pursuant to this section or specifically closed by this 38 Constitution. 39 (c) This section shall be self-executing. The legislature, 40 however, may provide by general law passed by a two-thirds vote 41 of the membership of each house for the exemption of records 42 from the requirements of subsection (a) and the exemption of 43 meetings from the requirements of subsection (b), provided that 44 such law shall state with specificity the public necessity 45 justifying the exemption and shall be no broader than necessary 46 to accomplish the stated purpose of the law. The legislature 47 shall enact laws governing the enforcement of this section, 48 including the maintenance, control, destruction, disposal, and 49 disposition of records made public by this section, except that 50 each house of the legislature may adopt reasonable rules 51 governing the enforcement of this section in relation to records 52 of the legislative branch. Challenges to the reasonableness or 53 interpretation of a rule may be appealed to the circuit court. 54 Laws enacted pursuant to this subsection shall contain only 55 exemptions from the requirements of subsections (a) or (b) and 56 provisions governing the enforcement of this section, and shall 57 relate to one subject. 58 (d) All laws that are in effect on July 1, 1993 that limit 59 public access to records or meetings shall remain in force, and 60 such laws apply to records of the legislative and judicial 61 branches, until they are repealed. Rules of court that are in 62 effect on the date of adoption of this section that limit access 63 to records shall remain in effect until they are repealed. 64 ARTICLE III 65 LEGISLATURE 66 SECTION 4. Quorum and procedure.— 67 (a) A majority of the membership of each house shall 68 constitute a quorum, but a smaller number may adjourn from day 69 to day and compel the presence of absent members in such manner 70 and under such penalties as it may prescribe. Each house shall 71 determine its rules of procedure. 72 (b) Sessions of each house shall be public; except sessions 73 of the senate when considering appointment to or removal from 74 public office may be closed. 75 (c) Each house shall keep and publish a journal of its 76 proceedings; and upon the request of five members present, the 77 vote of each member voting on any question shall be entered on 78 the journal. In any legislative committee or subcommittee, the 79 vote of each member voting on the final passage of any 80 legislation pending before the committee, and upon the request 81 of any two members of the committee or subcommittee, the vote of 82 each member on any other question, shall be recorded. 83 (d) Each house may punish a member for contempt or 84 disorderly conduct and, by a two-thirds vote of its membership, 85 may expel a member. 86 (e) The rules of procedure of each house shall provide that 87 all legislative committee and subcommittee meetings of each 88 house, and joint conference committee meetings, shall be open 89 and noticed to the public. A member of a conference committee 90 may not discuss issues before the conference committee with 91 another member of such committee except at a meeting that is 92 open and noticed to the public. The rules of procedure of each 93 house shall further provide that all other prearranged 94 gatherings, between more than two members of the legislature, or 95 between the governor, the president of the senate, or the 96 speaker of the house of representatives, the purpose of which is 97 to agree upon formal legislative action that will be taken at a 98 subsequent time, or at which formal legislative action is taken, 99 regarding pending legislation or amendments, shall be reasonably 100 open to the public. All open meetings shall be subject to order 101 and decorum. This section shall be implemented and defined by 102 the rules of each house, and such rules shall control admission 103 to the floor of each legislative chamber and may, where 104 reasonably necessary for security purposes or to protect a 105 witness appearing before a committee, provide for the closure of 106 committee meetings. Each house shall be the sole judge for the 107 reasonable interpretation, implementation, and enforcement of 108 this section. Challenges to the reasonableness or interpretation 109 of a rule may be appealed to the circuit court. 110 SECTION 7. Passage of bills.— 111 (a) Any bill may originate in either house and after 112 passage in one may be amended in the other. It shall be read in 113 each house on three separate days, unless this rule is waived by 114 two-thirds vote; provided the publication of its title in the 115 journal of a house shall satisfy the requirement for the first 116 reading in that house. On each reading, it shall be read by 117 title only, unless one-third of the members present desire it 118 read in full. On final passage, the vote of each member voting 119 shall be entered on the journal. Passage of a bill shall require 120 a majority vote in each house. Each bill and joint resolution 121 passed in both houses shall be signed by the presiding officers 122 of the respective houses and by the secretary of the senate and 123 the clerk of the house of representatives during the session or 124 as soon as practicable after its adjournment sine die. 125 (b) During a special session and the last 5 days of a 126 regular session, an amendment, except a technical amendment, may 127 not be introduced unless the amendment was adopted by a 128 committee or authorized for introduction by a three-fourths vote 129 of the membership of the house in which the amendment is 130 offered. 131 SECTION 19. State Budgeting, Planning and Appropriations 132 Processes.— 133 (a) ANNUAL BUDGETING. 134 (1) General law shall prescribe the adoption of annual 135 state budgetary and planning processes and require that detail 136 reflecting the annualized costs of the state budget and 137 reflecting the nonrecurring costs of the budget requests shall 138 accompany state department and agency legislative budget 139 requests, the governor’s recommended budget, and appropriation 140 bills. 141 (2) Unless approved by a three-fifths vote of the 142 membership of each house, appropriations made for recurring 143 purposes from nonrecurring general revenue funds for any fiscal 144 year shall not exceed three percent of the total general revenue 145 funds estimated to be available at the time such appropriation 146 is made. 147 (3) As prescribed by general law, each state department and 148 agency shall be required to submit a legislative budget request 149 that is based upon and that reflects the long-range financial 150 outlook adopted by the joint legislative budget commission or 151 that specifically explains any variance from the long-range 152 financial outlook contained in the request. 153 (4) For purposes of this section, the terms department and 154 agency shall include the judicial branch. 155 (b) APPROPRIATIONS BILLS FORMAT. The general appropriations 156 bill shall provide to the reader sufficient information for the 157 average reader to be able to determine: the source of funds; the 158 use of the funds appropriated, with enough detail to know what 159 purpose the funds are intended to achieve; and where to find any 160 underlying references needed to provide sufficient detail. An 161 appropriations bill must also contain references to any 162 performance measures or requirements that relate to the use of 163 such funds. 164(b)APPROPRIATION BILLS FORMAT.Separate sections within165the general appropriation bill shall be used for each major166program area of the state budget; major program areas shall167include: education enhancement “lottery” trust fund items;168education (all other funds); human services; criminal justice169and corrections; natural resources, environment, growth170management, and transportation; general government; and judicial171branch. Each major program area shall include an itemization of172expenditures for: state operations; state capital outlay; aid to173local governments and nonprofit organizations operations; aid to174local governments and nonprofit organizations capital outlay;175federal funds and the associated state matching funds; spending176authorizations for operations; and spending authorizations for177capital outlay. Additionally, appropriation bills passed by the178legislature shall include an itemization of specific179appropriations that exceed one million dollars ($1,000,000.00)180in 1992 dollars. For purposes of this subsection, “specific181appropriation,” “itemization,” and “major program area” shall be182defined by law. This itemization threshold shall be adjusted by183general law every four years to reflect the rate of inflation or184deflation as indicated in the Consumer Price Index for All Urban185Consumers, U.S. City Average, All Items, or successor reports as186reported by the United States Department of Labor, Bureau of187Labor Statistics or its successor. Substantive bills containing188appropriations shall also be subject to the itemization189requirement mandated under this provision and shall be subject190to the governor’s specific appropriation veto power described in191Article III, Section 8.192 (c) APPROPRIATIONS PROCESS. 193 (1) No later than September 15 of each year, the joint 194 legislative budget commission shall issue a long-range financial 195 outlook setting out recommended fiscal strategies for the state 196 and its departments and agencies in order to assist the 197 legislature in making budget decisions. The long-range financial 198 outlook must include major workload and revenue estimates. In 199 order to implement this paragraph, the joint legislative budget 200 commission shall use current official consensus estimates and 201 may request the development of additional official estimates. 202 (2) The joint legislative budget commission shall seek 203 input from the public and from the executive and judicial 204 branches when developing and recommending the long-range 205 financial outlook. 206 (3) The legislature shall prescribe by general law 207 conditions under which limited adjustments to the budget, as 208 recommended by the governor or the chief justice of the supreme 209 court, may be approved without the concurrence of the full 210 legislature. 211 (4) A general appropriations bill that is enacted by the 212 legislature must be the product of a joint conference committee, 213 except as otherwise provided in this section. 214 (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general 215 appropriation bills shall be furnished to each member of the 216 legislature, each member of the cabinet, the governor, and the 217 chief justice of the supreme court at least seventy-two hours 218 before final passage by either house of the legislature of the 219 bill in the form that will be presented to the governor. 220 (e) FINAL BUDGET REPORT. A final budget report shall be 221 prepared as prescribed by general law. The final budget report 222 shall be produced no later than the 120th day after the 223 beginning of the fiscal year, and copies of the report shall be 224 furnished to each member of the legislature, the head of each 225 department and agency of the state, the auditor general, and the 226 chief justice of the supreme court. 227 (f) TRUST FUNDS. 228 (1) No trust fund of the State of Florida or other public 229 body may be created or re-created by law without a three-fifths 230 vote of the membership of each house of the legislature in a 231 separate bill for that purpose only. 232 (2) State trust funds shall terminate not more than four 233 years after the effective date of the act authorizing the 234 initial creation of the trust fund. By law the legislature may 235 set a shorter time period for which any trust fund is 236 authorized. 237 (3) Trust funds required by federal programs or mandates; 238 trust funds established for bond covenants, indentures, or 239 resolutions, whose revenues are legally pledged by the state or 240 public body to meet debt service or other financial requirements 241 of any debt obligations of the state or any public body; the 242 state transportation trust fund; the trust fund containing the 243 net annual proceeds from the Florida Education Lotteries; the 244 Florida retirement trust fund; trust funds for institutions 245 under the management of the Board of Governors, where such trust 246 funds are for auxiliary enterprises and contracts, grants, and 247 donations, as those terms are defined by general law; trust 248 funds that serve as clearing funds or accounts for the chief 249 financial officer or state agencies; trust funds that account 250 for assets held by the state in a trustee capacity as an agent 251 or fiduciary for individuals, private organizations, or other 252 governmental units; and other trust funds authorized by this 253 Constitution, are not subject to the requirements set forth in 254 paragraph (2) of this subsection. 255 (4) All cash balances and income of any trust funds 256 abolished under this subsection shall be deposited into the 257 general revenue fund. 258 (g) BUDGET STABILIZATION FUND. Subject to the provisions of 259 this subsection, an amount equal to at least 5% of the last 260 completed fiscal year’s net revenue collections for the general 261 revenue fund shall be retained in the budget stabilization fund. 262 The budget stabilization fund’s principal balance shall not 263 exceed an amount equal to 10% of the last completed fiscal 264 year’s net revenue collections for the general revenue fund. The 265 legislature shall provide criteria for withdrawing funds from 266 the budget stabilization fund in a separate bill for that 267 purpose only and only for the purpose of covering revenue 268 shortfalls of the general revenue fund or for the purpose of 269 providing funding for an emergency, as defined by general law. 270 General law shall provide for the restoration of this fund. The 271 budget stabilization fund shall be comprised of funds not 272 otherwise obligated or committed for any purpose. 273 (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND 274 AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide 275 for a long-range state planning document. The governor shall 276 recommend to the legislature biennially any revisions to the 277 long-range state planning document, as defined by law. General 278 law shall require a biennial review and revision of the long 279 range state planning document and shall require all departments 280 and agencies of state government to develop planning documents 281 that identify statewide strategic goals and objectives, 282 consistent with the long-range state planning document. The 283 long-range state planning document and department and agency 284 planning documents shall remain subject to review and revision 285 by the legislature. The long-range state planning document must 286 include projections of future needs and resources of the state 287 which are consistent with the long-range financial outlook. The 288 department and agency planning documents shall include a 289 prioritized listing of planned expenditures for review and 290 possible reduction in the event of revenue shortfalls, as 291 defined by general law. 292 (i) GOVERNMENT EFFICIENCY TASK FORCE. No later than January 293 of 2007, and each fourth year thereafter, the president of the 294 senate, the speaker of the house of representatives, and the 295 governor shall appoint a government efficiency task force, the 296 membership of which shall be established by general law. The 297 task force shall be composed of members of the legislature and 298 representatives from the private and public sectors who shall 299 develop recommendations for improving governmental operations 300 and reducing costs. Staff to assist the task force in performing 301 its duties shall be assigned by general law, and the task force 302 may obtain assistance from the private sector. The task force 303 shall complete its work within one year and shall submit its 304 recommendations to the joint legislative budget commission, the 305 governor, and the chief justice of the supreme court. 306 (j) JOINT LEGISLATIVE BUDGET COMMISSION. There is created 307 within the legislature the joint legislative budget commission 308 composed of equal numbers of senate members appointed by the 309 president of the senate and house members appointed by the 310 speaker of the house of representatives. Each member shall serve 311 at the pleasure of the officer who appointed the member. A 312 vacancy on the commission shall be filled in the same manner as 313 the original appointment. From November of each odd-numbered 314 year through October of each even-numbered year, the chairperson 315 of the joint legislative budget commission shall be appointed by 316 the president of the senate and the vice chairperson of the 317 commission shall be appointed by the speaker of the house of 318 representatives. From November of each even-numbered year 319 through October of each odd-numbered year, the chairperson of 320 the joint legislative budget commission shall be appointed by 321 the speaker of the house of representatives and the vice 322 chairperson of the commission shall be appointed by the 323 president of the senate. The joint legislative budget commission 324 shall be governed by the joint rules of the senate and the house 325 of representatives, which shall remain in effect until repealed 326 or amended by concurrent resolution. The commission shall 327 convene at least quarterly and shall convene at the call of the 328 president of the senate and the speaker of the house of 329 representatives. A majority of the commission members of each 330 house plus one additional member from either house constitutes a 331 quorum. Action by the commission requires a majority vote of the 332 commission members present of each house. The commission may 333 conduct its meetings through teleconferences or similar means. 334 In addition to the powers and duties specified in this 335 subsection, the joint legislative budget commission shall 336 exercise all other powers and perform any other duties not in 337 conflict with paragraph (c)(3) and as prescribed by general law 338 or joint rule. 339 BE IT FURTHER RESOLVED that the following statement be 340 placed on the ballot: 341 CONSTITUTIONAL AMENDMENT 342 ARTICLE I, SECTION 24 343 ARTICLE III, SECTIONS 4, 7, and 19 344 CITIZENS’ RIGHT TO KNOW HOW THE LEGISLATURE SPENDS TAX 345 DOLLARS.—The State Constitution generally authorizes the public 346 to inspect public records. The State Constitution also generally 347 requires meetings of governmental bodies, including meetings of 348 state legislative bodies, to be noticed and open to the public. 349 The State Constitution authorizes the Legislature to adopt rules 350 relating to public access to legislative documents and meetings. 351 However, this amendment authorizes a person to challenge the 352 reasonableness or interpretation of those rules in circuit 353 court. 354 The amendment also: 355 (1) Provides that members of a legislative conference 356 committee may discuss matters before the conference committee 357 with other members of the committee only at a meeting that is 358 noticed and open to the public. 359 (2) Prohibits the Legislature from considering amendments 360 to bills, except technical amendments, during special sessions 361 and the last five days of regular sessions, unless the 362 amendments were adopted by a committee or authorized for 363 introduction by a three-fourths vote of the membership of the 364 house in which the amendments are offered. 365 (3) Replaces existing requirements for the format of 366 appropriations bills with requirements to make appropriations 367 bills more user friendly. Specifically, appropriations bills 368 must clearly identify the purposes for the use of appropriated 369 funds and contain references to detailed information and 370 performance measures relating to the appropriation. 371 (4) Requires general appropriations acts to be the product 372 of a joint conference committee. 373 (5) Clarifies that a two-thirds vote of the membership of 374 each house is required to enact a new public-records exemption 375 or public-meeting exemption.