HJR 241

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


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