Stem cell research, blackberries and bans on Cuba travel? Find it in the budget

Article III, Sec. 12 of the Florida Constitution reads: "Laws making appropriations for salaries of public officers and other current expenses of the state shall contain provisions on no other subject."

The respective House and Senate budgets that rolled through committees this week both contained a long-running legislative practice: Placing so-called "proviso" language into the annual spending bill that could - depending on your legal view - go beyond the intent of that constitutional prohibition cited above.

Proviso language is essentially a legislative mandate that must be fulfilled as a condition of receiving the money. And it usually sets up a showdown with the governor, who has the power to line-item veto items in the budget. But the governor cannot wipe out "proviso" unless he also wipes out the actual money that goes with it.

Over the years there have been numerous fights over proviso, such as when former Senate President John McKay tried to use the budget to order Leon County to take out speed bumps on the way to the Tallahassee airport. Former Gov. Jeb Bush complained several times that proviso intruded on his executive powers. In recent years, lawmakers have responded by using separate "implementing" and "conforming" bills that accompany the budget in order to steer clear of a constitutional dispute.

But that hasn't ended the use of proviso to carry out interesting policies.

Rep. David Rivera, R-Miami and the House chairman of the budget panel that oversees school spending, placed two interesting bits of proviso in the budget. He put in a requirement that the community colleges and universities cannot use any state money on research trips to Cuba or any other "state sponsor of terrorism" as defined by the U.S. government. University professors could use private money for such trips, but Rivera's language is very broad. It says that state money cannot be used to "implement, organize, direct, coordinate or administer...activities related to or involving travel" to such countries. Translation: Even if a private grant paid for a trip, it would be illegal to use state money to say, place a phone call to a travel agent.

Rivera put another clause in the university budget that dictates that state money "shall not be used to support embryonic stem cell research." Both moves comes at a time when President Barack Obama is changing federal policies regarding stem cell research and travel of family members to Cuba.

"I can't stop the Obama administration from engaging in this activity at the national level but I can do everything possible to making sure Florida's taxpayers are not subsidizing this,'' said Rivera earlier this week.

Rivera is not alone in the artful use of proviso language. The Senate budget has language that makes it clear that funding for hospice, Medicaid payments to doctors and HM-Os, and nursing home is contingent on the passage of the Senate legislation that hikes the state's cigarette tax by $1 a pack. It also has language regarding the controversial SunRail commuter rail project.

Other interesting proviso language:

* The House budget orders school districts to cut non-school personnel by 20 percent or reduced salaries by 20 percent prior to the non-renewal or dismissal of teachers. It also states that "prior to the elimination of art programs, music programs, sports programs, or other extracurricular programs" the district must have eliminated all travel, cellphones and blackberries.

* The House budget proposal for the Lottery Department requires the department submit proof that it has issued bid proposals and a finalized contract before it can spend $2.68 million in advertising agency fees.

* The House budget orders the Parole Commission to do an extensive study into the backlog of civil rights restoration cases and how the process for rights restoration works now.

* The Senate budget orders the Department of Citrus to move out of its headquarters in Lakeland and move into another state building in Bartow. The building in Lakeland will then be put up for sale. The budget mandates the Department of Agriculture and Consumer Services to relocate its offices in Bartow to offices in Winter Haven. (The chairman of the Senate budget panel of course is Sen. J.D. Alexander, R-Lake Wales and is from Polk County.)

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