Senate Bill sb2236

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    Florida Senate - 2001                                 SJR 2236

    By Senators Burt and Rossin





    16-1614-01

  1                 Senate Joint Resolution No. ____

  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 pursuant to the general appropriations act.

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

31  principal of the endowment fund may be appropriated by the

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    Florida Senate - 2001                                 SJR 2236
    16-1614-01




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

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

  3  human services; and biomedical research activities related to

  4  the diagnosis and treatment of diseases related to tobacco

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

  6  pulmonary diseases. Such appropriation shall be by a

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

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

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

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

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

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

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

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

15  human services; or biomedical research activities related to

16  the diagnosis and treatment of diseases related to tobacco

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

18  pulmonary diseases.

19         BE IT FURTHER RESOLVED that the following statement be

20  placed on the ballot:

21                     CONSTITUTIONAL AMENDMENT

22                      ARTICLE X, SECTION 20

23         USE OF FUNDS IN THE LAWTON CHILES ENDOWMENT

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

25  authorize the Legislature to appropriate the investment income

26  from the Lawton Chiles Endowment Fund as provided by general

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

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

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

30  and certain biomedical research activities.

31

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