Senate Bill sb1918e2
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 Senate Joint Resolution
2 A joint resolution proposing the revision of
3 the whole State Constitution to correct
4 spelling errors, punctuation errors,
5 inconsistent use of capitalization, and other
6 technical issues; to repeal obsolete
7 provisions; to repeal portions of Article VI,
8 section 4, which provide for term limits on
9 certain federal officeholders and which have
10 been held to be unconstitutional; to repeal
11 Article X, section 1, which pertains to the
12 ratification of amendments to the U.S.
13 Constitution and has been held to be
14 unconstitutional; to repeal Article X, section
15 5, which pertains to the property rights of
16 married persons and authorizes dower and
17 curtesy to be established by law; to repeal
18 Article X, section 21, which pertains to the
19 confinement of pregnant pigs, and to provide
20 for its codification as a statute; to prohibit
21 the modification, repeal, or acts inconsistent
22 with a constitutional provision codified as a
23 statute, except upon a supermajority vote of
24 each house of the Legislature for a certain
25 period of time; to correct the date by which
26 the Taxation and Budget Reform Commission must
27 file proposed constitutional amendments with
28 the custodian of state records; and to provide
29 for the incorporation of amendments adopted
30 during the 2006 general election.
31
1
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 Be It Resolved by the Legislature of the State of Florida:
2
3 That the following revision to the State Constitution
4 is agreed to and shall be submitted to the electors of this
5 state for approval or rejection at the next general election
6 or at an earlier special election specifically authorized by
7 law for that purpose:
8
9 PREAMBLE
10
11 We, the people of the State of Florida, being grateful
12 to Almighty God for our constitutional liberty, in order to
13 secure its benefits, perfect our government, ensure insure
14 domestic tranquility, maintain public order, and guarantee
15 equal civil and political rights to all, do ordain and
16 establish this constitution.
17
18 ARTICLE I
19 DECLARATION OF RIGHTS
20
21 SECTION 1. Political power.--All political power is
22 inherent in the people. The enunciation herein of certain
23 rights shall not be construed to deny or impair others
24 retained by the people.
25 SECTION 2. Basic rights.--All natural persons, female
26 and male alike, are equal before the law and have inalienable
27 rights, among which are the right to enjoy and defend life and
28 liberty, to pursue happiness, to be rewarded for industry, and
29 to acquire, possess, and protect property; except that the
30 ownership, inheritance, disposition, and possession of real
31 property by aliens ineligible for citizenship may be regulated
2
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 or prohibited by law. No person shall be deprived of any right
2 because of race, religion, national origin, or physical
3 disability.
4 SECTION 3. Religious freedom.--There shall be no law
5 respecting the establishment of religion or prohibiting or
6 penalizing the free exercise thereof. Religious freedom shall
7 not justify practices inconsistent with public morals, peace,
8 or safety. No revenue of the state or any political
9 subdivision or agency thereof shall ever be taken from the
10 public treasury directly or indirectly in aid of any church,
11 sect, or religious denomination or in aid of any sectarian
12 institution.
13 SECTION 4. Freedom of speech and press.--Every person
14 may speak, write, and publish sentiments on all subjects but
15 shall be responsible for the abuse of that right. No law shall
16 be passed to restrain or abridge the liberty of speech or of
17 the press. In all criminal prosecutions and civil actions for
18 defamation, the truth may be given in evidence. If the matter
19 charged as defamatory is true and was published with good
20 motives, the party shall be acquitted or exonerated.
21 SECTION 5. Right to assemble.--The people shall have
22 the right peaceably to assemble, to instruct their
23 representatives, and to petition for redress of grievances.
24 SECTION 6. Right to work.--The right of persons to
25 work shall not be denied or abridged on account of membership
26 or nonmembership non-membership in any labor union or labor
27 organization. The right of employees, by and through a labor
28 organization, to bargain collectively shall not be denied or
29 abridged. Public employees shall not have the right to strike.
30 SECTION 7. Military power.--The military power shall
31 be subordinate to the civil.
3
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 8. Right to bear arms.--
2 (a) The right of the people to keep and bear arms in
3 defense of themselves and of the lawful authority of the state
4 shall not be infringed, except that the manner of bearing arms
5 may be regulated by law.
6 (b) There shall be a mandatory period of three days,
7 excluding weekends and legal holidays, between the purchase
8 and delivery at retail of any handgun. For the purposes of
9 this section, "purchase" means the transfer of money or other
10 valuable consideration to the retailer, and "handgun" means a
11 firearm capable of being carried and used by one hand, such as
12 a pistol or revolver. Holders of a concealed weapon permit as
13 prescribed in Florida law shall not be subject to the
14 provisions of this subsection paragraph.
15 (c) The legislature shall enact legislation
16 implementing subsection (b) of this section, effective no
17 later than December 31, 1991, which shall provide that anyone
18 violating the provisions of subsection (b) commits shall be
19 guilty of a felony.
20 (d) This restriction shall not apply to a trade in of
21 another handgun.
22 SECTION 9. Due process.--No person shall be deprived
23 of life, liberty, or property without due process of law, or
24 be twice put in jeopardy for the same offense, or be compelled
25 in any criminal matter to be a witness against oneself.
26 SECTION 10. Prohibited laws.--No bill of attainder, ex
27 post facto law, or law impairing the obligation of contracts
28 shall be passed.
29 SECTION 11. Imprisonment for debt.--No person shall be
30 imprisoned for debt, except in cases of fraud.
31
4
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 12. Searches and seizures.--The right of the
2 people to be secure in their persons, houses, papers, and
3 effects against unreasonable searches and seizures, and
4 against the unreasonable interception of private
5 communications by any means, shall not be violated. No warrant
6 shall be issued except upon probable cause, supported by
7 affidavit, particularly describing the place or places to be
8 searched, the person or persons or, thing or things to be
9 seized, the communication to be intercepted, and the nature of
10 evidence to be obtained. This right shall be construed in
11 conformity with the Fourth 4th Amendment to the United States
12 Constitution, as interpreted by the United States Supreme
13 Court. Articles or information obtained in violation of this
14 right shall not be admissible in evidence if such articles or
15 information would be inadmissible under decisions of the
16 United States Supreme Court construing the Fourth 4th
17 Amendment to the United States Constitution.
18 SECTION 13. Habeas corpus.--The writ of habeas corpus
19 shall be grantable of right, freely and without cost. It shall
20 be returnable without delay, and shall never be suspended
21 unless, in case of rebellion or invasion, suspension is
22 essential to the public safety.
23 SECTION 14. Pretrial release and detention.--Unless
24 charged with a capital offense or an offense punishable by
25 life imprisonment and the proof of guilt is evident or the
26 presumption is great, every person charged with a crime or
27 violation of municipal or county ordinance shall be entitled
28 to pretrial release on reasonable conditions. If no conditions
29 of release can reasonably protect the community from risk of
30 physical harm to persons, ensure assure the presence of the
31
5
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 accused at trial, or ensure assure the integrity of the
2 judicial process, the accused may be detained.
3 SECTION 15. Prosecution for crime; offenses committed
4 by children.--
5 (a) No person shall be tried for capital crime without
6 presentment or indictment by a grand jury, or for other felony
7 without such presentment or indictment or an information under
8 oath filed by the prosecuting officer of the court, except
9 persons on active duty in the militia when tried by
10 courts-martial courts martial.
11 (b) When authorized by law, a child as therein defined
12 may be charged with a violation of law as an act of
13 delinquency instead of crime and tried without a jury or other
14 requirements applicable to criminal cases. Any child so
15 charged shall, upon demand made as provided by law before a
16 trial in a juvenile proceeding, be tried in an appropriate
17 court as an adult. A child found delinquent shall be
18 disciplined as provided by law.
19 SECTION 16. Rights of accused and of victims.--
20 (a) In all criminal prosecutions the accused shall,
21 upon demand, be informed of the nature and cause of the
22 accusation, and shall be furnished a copy of the charges. The
23 accused, and shall have the right to have compulsory process
24 for witnesses;, to confront at trial adverse witnesses;, to be
25 heard in person, by counsel, or both;, and to have a speedy
26 and public trial by impartial jury in the county where the
27 crime was committed. If the county is not known, the
28 indictment or information may charge venue in two or more
29 counties conjunctively and proof that the crime was committed
30 in that area shall be sufficient; but before pleading the
31 accused may elect in which of those counties the trial will
6
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 take place. Venue for prosecution of crimes committed beyond
2 the boundaries of the state shall be fixed by law.
3 (b) Victims of crime or their lawful representatives,
4 including the next of kin of homicide victims, are entitled to
5 the right to be informed, to be present, and to be heard when
6 relevant, at all crucial stages of criminal proceedings, to
7 the extent that these rights do not interfere with the
8 constitutional rights of the accused.
9 SECTION 17. Excessive punishments.--Excessive fines,
10 cruel and unusual punishment, attainder, forfeiture of estate,
11 indefinite imprisonment, and unreasonable detention of
12 witnesses are forbidden. The death penalty is an authorized
13 punishment for capital crimes designated by the legislature.
14 The prohibition against cruel or unusual punishment, and the
15 prohibition against cruel and unusual punishment, shall be
16 construed in conformity with decisions of the United States
17 Supreme Court that which interpret the prohibition against
18 cruel and unusual punishment provided in the Eighth Amendment
19 to the United States Constitution. Any method of execution
20 shall be allowed, unless prohibited by the United States
21 Constitution. Methods of execution may be designated by the
22 legislature, and a change in any method of execution may be
23 applied retroactively. A sentence of death shall not be
24 reduced on the basis that a method of execution is invalid. In
25 any case in which an execution method is declared invalid, the
26 death sentence shall remain in force until the sentence can be
27 lawfully executed by any valid method. This section shall
28 apply retroactively.
29 SECTION 18. Administrative penalties.--No
30 administrative agency, except the Department of Military
31 Affairs in an appropriately convened court-martial action as
7
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 provided by law, shall impose a sentence of imprisonment, nor
2 shall it impose any other penalty except as provided by law.
3 SECTION 19. Costs.--No person charged with crime shall
4 be compelled to pay costs before a judgment of conviction has
5 become final.
6 SECTION 20. Treason.--Treason against the state shall
7 consist only in levying war against it, adhering to its
8 enemies, or giving them aid and comfort, and no person shall
9 be convicted of treason except on the testimony of two
10 witnesses to the same overt act or on confession in open
11 court.
12 SECTION 21. Access to courts.--The courts shall be
13 open to every person for redress of any injury, and justice
14 shall be administered without sale, denial, or delay.
15 SECTION 22. Trial by jury.--The right of trial by jury
16 shall be secure to all and remain inviolate. The
17 qualifications and the number of jurors, not fewer than six,
18 shall be fixed by law.
19 SECTION 23. Right of privacy.--Every natural person
20 has the right to be let alone and free from governmental
21 intrusion into the person's private life except as otherwise
22 provided herein. This section shall not be construed to limit
23 the public's right of access to public records and meetings as
24 provided by law.
25 SECTION 24. Access to public records and meetings.--
26 (a) Every person has the right to inspect or copy any
27 public record made or received in connection with the official
28 business of any public body, officer, or employee of the
29 state, or persons acting on their behalf, except with respect
30 to records exempted pursuant to this section or specifically
31 made confidential by this constitution. This section
8
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 specifically includes the legislative, executive, and judicial
2 branches of government and each agency or department created
3 thereunder; counties, municipalities, and districts; and each
4 constitutional officer, board, and commission, or entity
5 created pursuant to law or this constitution.
6 (b) All meetings of any collegial public body of the
7 executive branch of state government or of any collegial
8 public body of a county, municipality, school district, or
9 special district, at which official acts are to be taken or at
10 which public business of such body is to be transacted or
11 discussed, shall be open and noticed to the public and
12 meetings of the legislature shall be open and noticed as
13 provided in Article III, section 4(e), except with respect to
14 meetings exempted pursuant to this section or specifically
15 closed by this constitution.
16 (c) This section shall be self-executing. The
17 legislature, however, may provide by general law passed by a
18 two-thirds vote of each house for the exemption of records
19 from the requirements of subsection (a) and the exemption of
20 meetings from the requirements of subsection (b), provided
21 that such law shall state with specificity the public
22 necessity justifying the exemption and shall be no broader
23 than necessary to accomplish the stated purpose of the law.
24 The legislature shall enact laws governing the enforcement of
25 this section, including the maintenance, control, destruction,
26 disposal, and disposition of records made public by this
27 section, except that each house of the legislature may adopt
28 rules governing the enforcement of this section in relation to
29 records of the legislative branch. Laws enacted pursuant to
30 this subsection shall contain only exemptions from the
31 requirements of subsection subsections (a) or subsection (b)
9
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 and provisions governing the enforcement of this section, and
2 shall relate to one subject.
3 (d) All laws that are in effect on July 1, 1993 that
4 limit public access to records or meetings shall remain in
5 force, and such laws apply to records of the legislative and
6 judicial branches, until they are repealed. Rules of court
7 that are in effect on the date of adoption of this section
8 that limit access to records shall remain in effect until they
9 are repealed.
10 SECTION 25. Taxpayers' Bill of Rights.--By general law
11 the legislature shall prescribe and adopt a Taxpayers' Bill of
12 Rights that, in clear and concise language, sets forth
13 taxpayers' rights and responsibilities and government's
14 responsibilities to deal fairly with taxpayers under the laws
15 of this state. This section shall be effective July 1, 1993.
16 SECTION 26. Claimant's right to fair compensation.--
17 (a) Article I, Section 26 is created to read
18 "Claimant's right to fair compensation." In any medical
19 liability claim involving a contingency fee, the claimant is
20 entitled to receive no less than 70 percent 70% of the first
21 $250,000 $250,000.00 in all damages received by the claimant,
22 exclusive of reasonable and customary costs, whether received
23 by judgment, settlement, or otherwise, and regardless of the
24 number of defendants. The claimant is entitled to 90 percent
25 90% of all damages in excess of $250,000 $250,000.00,
26 exclusive of reasonable and customary costs and regardless of
27 the number of defendants. This provision is self-executing and
28 does not require implementing legislation.
29 (b) This Amendment shall take effect on the day
30 following approval by the voters.
31
10
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 ARTICLE II
2 GENERAL PROVISIONS
3
4 SECTION 1. State boundaries.--
5 (a) The state boundaries are: Begin at the mouth of
6 the Perdido River, which for the purposes of this description
7 is defined as the point where latitude 30°16'53" north and
8 longitude 87°31'06" west intersect; thence to the point where
9 latitude 30°17'02" north and longitude 87°31'06" west
10 intersect; thence to the point where latitude 30°18'00" north
11 and longitude 87°27'08" west intersect; thence to the point
12 where the center line of the Intracoastal Canal (as the same
13 existed on June 12, 1953) and longitude 87°27'00" west
14 intersect; the same being in the middle of the Perdido River;
15 thence up the middle of the Perdido River to the point where
16 it intersects the south boundary of the State of Alabama,
17 being also the point of intersection of the middle of the
18 Perdido River with latitude 31°00'00" north; thence east,
19 along the south boundary line of the State of Alabama, the
20 same being latitude 31°00'00" north to the middle of the
21 Chattahoochee River; thence down the middle of said river to
22 its confluence with the Flint River; thence in a straight line
23 to the head of the St. Marys River; thence down the middle of
24 said river to the Atlantic Ocean; thence due east to the edge
25 of the Gulf Stream or a distance of three geographic miles
26 whichever is the greater distance; thence in a southerly
27 direction along the edge of the Gulf Stream or along a line
28 three geographic miles from the Atlantic coastline and three
29 leagues distant from the Gulf of Mexico coastline, whichever
30 is greater, to and through the Straits of Florida and
31 westerly, including the Florida reefs, to a point due south of
11
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 and three leagues from the southernmost point of the Marquesas
2 Keys; thence westerly along a straight line to a point due
3 south of and three leagues from Loggerhead Key, the
4 westernmost of the Dry Tortugas Islands; thence westerly,
5 northerly and easterly along the arc of a curve three leagues
6 distant from Loggerhead Key to a point due north of Loggerhead
7 Key; thence northeast along a straight line to a point three
8 leagues from the coastline of Florida; thence northerly and
9 westerly three leagues distant from the coastline to a point
10 west of the mouth of the Perdido River three leagues from the
11 coastline as measured on a line bearing south 0°01'00" west
12 from the point of beginning; thence northerly along said line
13 to the point of beginning. The State of Florida shall also
14 include any additional territory within the United States
15 adjacent to the Peninsula of Florida lying south of the St.
16 Marys River, east of the Perdido River, and south of the
17 States of Alabama and Georgia.
18 (b) The coastal boundaries may be extended by statute
19 to the limits permitted by the laws of the United States or
20 international law.
21 SECTION 2. Seat of government.--The seat of government
22 shall be the City of Tallahassee, in Leon County, where the
23 offices of the governor, lieutenant governor, cabinet members,
24 and the supreme court shall be maintained and the sessions of
25 the legislature shall be held; provided that, in time of
26 invasion or grave emergency, the governor by proclamation may
27 for the period of the emergency transfer the seat of
28 government to another place.
29 SECTION 3. Branches of government.--The powers of the
30 state government shall be divided into legislative, executive,
31 and judicial branches. No person belonging to one branch shall
12
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 exercise any powers appertaining to either of the other
2 branches unless expressly provided herein.
3 SECTION 4. State seal and flag.--The design of the
4 great seal and flag of the state shall be prescribed by law.
5 SECTION 5. Public officers.--
6 (a) No person holding any office of emolument under
7 any foreign government, or civil office of emolument under the
8 United States or any other state, shall hold any office of
9 honor or of emolument under the government of this state. No
10 person shall hold at the same time more than one office under
11 the government of the state and the counties and
12 municipalities therein, except that a notary public or
13 military officer may hold another office, and any officer may
14 be a member of a constitution revision commission, taxation
15 and budget reform commission, constitutional convention, or
16 statutory body having only advisory powers.
17 (b) Each state and county officer, before entering
18 upon the duties of the office, shall give bond as required by
19 law, and shall swear or affirm:
20 "I do solemnly swear (or affirm) that I will support,
21 protect, and defend the Constitution and Government of the
22 United States and of the State of Florida; that I am duly
23 qualified to hold office under the constitution of the state;
24 and that I will well and faithfully perform the duties of
25 (title of office) on which I am now about to enter. So help
26 me God.",
27
28 and thereafter shall devote personal attention to the duties
29 of the office, and continue in office until a successor
30 qualifies.
31
13
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (c) The powers, duties, compensation, and method of
2 payment of state and county officers shall be fixed by law.
3 SECTION 6. Enemy attack.--In periods of emergency
4 resulting from enemy attack, the legislature shall have power
5 to provide for prompt and temporary succession to the powers
6 and duties of all public offices the incumbents of which may
7 become unavailable to execute the functions of their offices,
8 and to adopt such other measures as may be necessary and
9 appropriate to ensure insure the continuity of governmental
10 operations during the emergency. In exercising these powers,
11 the legislature may depart from other requirements of this
12 constitution, but only to the extent necessary to meet the
13 emergency.
14 SECTION 7. Natural resources and scenic beauty.--
15 (a) It shall be the policy of the state to conserve
16 and protect its natural resources and scenic beauty. Adequate
17 provision shall be made by law for the abatement of air and
18 water pollution and of excessive and unnecessary noise and for
19 the conservation and protection of natural resources.
20 (b) Those in the Everglades Agricultural Area who
21 cause water pollution within the Everglades Protection Area or
22 the Everglades Agricultural Area shall be primarily
23 responsible for paying the costs of the abatement of that
24 pollution. For the purposes of this subsection, the terms
25 "Everglades Protection Area" and "Everglades Agricultural
26 Area" shall have the meanings as defined in statutes in effect
27 on January 1, 1996.
28 SECTION 8. Ethics in government.--A public office is a
29 public trust. The people shall have the right to secure and
30 sustain that trust against abuse. To ensure assure this right:
31
14
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (a) All elected constitutional officers and candidates
2 for such offices and, as may be determined by law, other
3 public officers, candidates, and employees shall file full and
4 public disclosure of their financial interests.
5 (b) All elected public officers and candidates for
6 such offices shall file full and public disclosure of their
7 campaign finances.
8 (c) Any public officer or employee who breaches the
9 public trust for private gain and any person or entity
10 inducing such breach shall be liable to the state for all
11 financial benefits obtained by such actions. The manner of
12 recovery and additional damages may be provided by law.
13 (d) Any public officer or employee who is convicted of
14 a felony involving a breach of public trust shall be subject
15 to forfeiture of rights and privileges under a public
16 retirement system or pension plan in such manner as may be
17 provided by law.
18 (e) No member of the legislature or statewide elected
19 officer shall personally represent another person or entity
20 for compensation before the government body or agency of which
21 the individual was an officer or member for a period of two
22 years following vacation of office. No member of the
23 legislature shall personally represent another person or
24 entity for compensation during his or her term of office
25 before any state agency other than judicial tribunals. Similar
26 restrictions on other public officers and employees may be
27 established by law.
28 (f) There shall be an independent commission to
29 conduct investigations and make public reports on all
30 complaints concerning breach of public trust by public
31
15
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 officers or employees not within the jurisdiction of the
2 judicial qualifications commission.
3 (g) A code of ethics for all state employees and
4 nonjudicial officers prohibiting conflict between public duty
5 and private interests shall be prescribed by law.
6 (h) This section shall not be construed to limit
7 disclosures and prohibitions that which may be established by
8 law to preserve the public trust and avoid conflicts between
9 public duties and private interests.
10 (i) Schedule--On the effective date of this amendment
11 and Until changed by law:
12 (1) Full and public disclosure of financial interests
13 shall mean filing with the custodian of state records by July
14 1 of each year a sworn statement showing net worth and
15 identifying each asset and liability in excess of one thousand
16 dollars $1,000 and its value together with one of the
17 following:
18 a. A copy of the person's most recent federal income
19 tax return; or
20 b. A sworn statement that which identifies each
21 separate source and amount of income that which exceeds one
22 thousand dollars $1,000. The forms for such source disclosure
23 and the rules under which they are to be filed shall be
24 prescribed by the independent commission established in
25 subsection (f), and such rules shall include disclosure of
26 secondary sources of income.
27 (2) Persons holding statewide elective offices shall
28 also file disclosure of their financial interests pursuant to
29 paragraph subsection (i)(1).
30 (3) The independent commission provided for in
31 subsection (f) shall mean the Florida Commission on Ethics.
16
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 9. English is the official language of
2 Florida.--
3 (a) English is the official language of the State of
4 Florida.
5 (b) The legislature shall have the power to enforce
6 this section by appropriate legislation.
7
8 ARTICLE III
9 LEGISLATURE
10
11 SECTION 1. Composition.--The legislative power of the
12 state shall be vested in a legislature of the State of
13 Florida, consisting of a senate composed of one senator
14 elected from each senatorial district and a house of
15 representatives composed of one member elected from each
16 representative district.
17 SECTION 2. Members; officers.--Each house shall be the
18 sole judge of the qualifications, elections, and returns of
19 its members, and shall biennially choose its officers,
20 including a permanent presiding officer selected from its
21 membership, who shall be designated in the senate as President
22 of the Senate, and in the house as Speaker of the House of
23 Representatives. The senate shall designate a Secretary to
24 serve at its pleasure, and the house of representatives shall
25 designate a Clerk to serve at its pleasure. The legislature
26 shall appoint an auditor to serve at its pleasure who shall
27 audit public records and perform related duties as prescribed
28 by law or concurrent resolution.
29 SECTION 3. Sessions of the legislature.--
30 (a) ORGANIZATION SESSIONS.--On the fourteenth day
31 following each general election the legislature shall convene
17
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 for the exclusive purpose of organization and selection of
2 officers.
3 (b) REGULAR SESSIONS.--A regular session of the
4 legislature shall convene on the first Tuesday after the first
5 Monday in March of each odd-numbered year, and on the first
6 Tuesday after the first Monday in March, or such other date as
7 may be fixed by law, of each even-numbered year.
8 (c) SPECIAL SESSIONS.--
9 (1) The governor, by proclamation stating the purpose,
10 may convene the legislature in special session during which
11 only such legislative business may be transacted as is within
12 the purview of the proclamation, or of a communication from
13 the governor, or is introduced by consent of two-thirds of the
14 membership of each house.
15 (2) A special session of the legislature may be
16 convened as provided by law.
17 (d) LENGTH OF SESSIONS.--A regular session of the
18 legislature shall not exceed sixty consecutive days, and a
19 special session shall not exceed twenty consecutive days,
20 unless extended beyond such limit by a three-fifths vote of
21 each house. During such an extension no new business may be
22 taken up in either house without the consent of two-thirds of
23 its membership.
24 (e) ADJOURNMENT.--Neither house shall adjourn for more
25 than seventy-two consecutive hours except pursuant to
26 concurrent resolution.
27 (f) ADJOURNMENT BY GOVERNOR.--If, during any regular
28 or special session, the two houses cannot agree upon a time
29 for adjournment, the governor may adjourn the session sine die
30 or to any date within the period authorized for such session;
31 provided that, at least twenty-four hours before adjourning
18
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 the session, and while neither house is in recess, each house
2 shall be given formal written notice of the governor's
3 intention to do so, and agreement reached within that period
4 by both houses on a time for adjournment shall prevail.
5 SECTION 4. Quorum and procedure.--
6 (a) A majority of the membership of each house shall
7 constitute a quorum, but a smaller number may adjourn from day
8 to day and compel the presence of absent members in such
9 manner and under such penalties as it may prescribe. Each
10 house shall determine its rules of procedure.
11 (b) Sessions of each house shall be public,; except
12 that sessions of the senate when considering appointment to or
13 removal from public office may be closed.
14 (c) Each house shall keep and publish a journal of its
15 proceedings; and, upon the request of five members present,
16 the vote of each member voting on any question shall be
17 entered on the journal. In any legislative committee or
18 subcommittee, the vote of each member voting on the final
19 passage of any legislation pending before the committee, and
20 upon the request of any two members of the committee or
21 subcommittee, the vote of each member on any other question,
22 shall be recorded.
23 (d) Each house may punish a member for contempt or
24 disorderly conduct and, by a two-thirds vote of its
25 membership, may expel a member.
26 (e) The rules of procedure of each house shall provide
27 that all legislative committee and subcommittee meetings of
28 each house, and joint conference committee meetings, shall be
29 open and noticed to the public. The rules of procedure of each
30 house shall further provide that all prearranged gatherings,
31 between more than two members of the legislature, or between
19
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 the governor, the president of the senate, or the speaker of
2 the house of representatives, the purpose of which is to agree
3 upon formal legislative action that will be taken at a
4 subsequent time, or at which formal legislative action is
5 taken, regarding pending legislation or amendments, shall be
6 reasonably open to the public. All open meetings shall be
7 subject to order and decorum. This section shall be
8 implemented and defined by the rules of each house, and such
9 rules shall control admission to the floor of each legislative
10 chamber and may, where reasonably necessary for security
11 purposes or to protect a witness appearing before a committee,
12 provide for the closure of committee meetings. Each house
13 shall be the sole judge for the interpretation,
14 implementation, and enforcement of this section.
15 SECTION 5. Investigations; witnesses.--Each house,
16 when in session, may compel attendance of witnesses and
17 production of documents and other evidence upon any matter
18 under investigation before it or any of its committees, and
19 may punish by fine not exceeding one thousand dollars or
20 imprisonment not exceeding ninety days, or both, any person
21 not a member who has been guilty of disorderly or contemptuous
22 conduct in its presence or has refused to obey its lawful
23 summons or to answer lawful questions. Such powers, except the
24 power to punish, may be conferred by law upon committees when
25 the legislature is not in session. Punishment of contempt of
26 an interim legislative committee shall be by judicial
27 proceedings as prescribed by law.
28 SECTION 6. Laws.--Every law shall embrace but one
29 subject and matter properly connected therewith, and the
30 subject shall be briefly expressed in the title. No law shall
31 be revised or amended by reference to its title only. Laws to
20
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 revise or amend shall set out in full the revised or amended
2 act, section, subsection, or paragraph of a subsection. The
3 enacting clause of every law shall read: "Be It Enacted by
4 the Legislature of the State of Florida:.".
5 SECTION 7. Passage of bills.--Any bill may originate
6 in either house and after passage in one may be amended in the
7 other. It shall be read in each house on three separate days,
8 unless this rule is waived by two-thirds vote; provided the
9 publication of its title in the journal of a house shall
10 satisfy the requirement for the first reading in that house.
11 On each reading, it shall be read by title only, unless
12 one-third of the members present desire it read in full. On
13 final passage, the vote of each member voting shall be entered
14 on the journal. Passage of a bill shall require a majority
15 vote in each house. Each bill and joint resolution passed in
16 both houses shall be signed by the presiding officers of the
17 respective houses and by the secretary of the senate and the
18 clerk of the house of representatives during the session or as
19 soon as practicable after its adjournment sine die.
20 SECTION 8. Executive approval and veto.--
21 (a) Every bill passed by the legislature shall be
22 presented to the governor for approval and shall become a law
23 if the governor approves and signs it, or fails to veto it
24 within seven consecutive days after presentation. If during
25 that period or on the seventh day the legislature adjourns
26 sine die or takes a recess of more than thirty days, the
27 governor shall have fifteen consecutive days from the date of
28 presentation to act on the bill. In all cases except general
29 appropriation bills, the veto shall extend to the entire bill.
30 The governor may veto any specific appropriation in a general
31 appropriation bill, but may not veto any qualification or
21
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 restriction without also vetoing the appropriation to which it
2 relates.
3 (b) When a bill or any specific appropriation of a
4 general appropriation bill has been vetoed, the governor shall
5 transmit signed objections thereto to the house in which the
6 bill originated if in session. If that house is not in
7 session, the governor shall file them with the custodian of
8 state records, who shall lay them before that house at its
9 next regular or special session, whichever occurs first, and
10 they shall be entered on its journal. If the originating house
11 votes to reenact re-enact a vetoed measure, whether in a
12 regular or special session, and the other house does not
13 consider or fails to reenact re-enact the vetoed measure, no
14 further consideration by either house at any subsequent
15 session may be taken. If a vetoed measure is presented at a
16 special session and the originating house does not consider
17 it, the measure will be available for consideration at any
18 intervening special session and until the end of the next
19 regular session.
20 (c) If each house shall, by a two-thirds vote, reenact
21 re-enact the bill or reinstate the vetoed specific
22 appropriation of a general appropriation bill, the vote of
23 each member voting shall be entered on the respective
24 journals, and the bill shall become law or the specific
25 appropriation reinstated, the veto notwithstanding.
26 SECTION 9. Effective date of laws.--Each law shall
27 take effect on the sixtieth day after adjournment sine die of
28 the session of the legislature in which enacted or as
29 otherwise provided therein. If the law is passed over the veto
30 of the governor, it shall take effect on the sixtieth day
31 after adjournment sine die of the session in which the veto is
22
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 overridden, on a later date fixed in the law, or on a date
2 fixed by resolution passed by both houses of the legislature.
3 SECTION 10. Special laws.--No special law shall be
4 passed unless notice of intention to seek enactment thereof
5 has been published in the manner provided by general law. Such
6 notice shall not be necessary when the law, except the
7 provision for referendum, is conditioned to become effective
8 only upon approval by vote of the electors of the area
9 affected.
10 SECTION 11. Prohibited special laws.--
11 (a) There shall be no special law or general law of
12 local application pertaining to the following:
13 (1) Election, jurisdiction, or duties of officers,
14 except officers of municipalities, chartered counties, special
15 districts, or local governmental agencies.;
16 (2) Assessment or collection of taxes for state or
17 county purposes, including extension of time therefor, relief
18 of tax officers from due performance of their duties, and
19 relief of their sureties from liability.;
20 (3) Rules of evidence in any court.;
21 (4) Punishment for crime.;
22 (5) Petit juries, including compensation of jurors,
23 except establishment of jury commissions.;
24 (6) Change of civil or criminal venue.;
25 (7) Conditions precedent to bringing any civil or
26 criminal proceedings, or limitations of time therefor.;
27 (8) Refund of money legally paid or remission of
28 fines, penalties, or forfeitures.;
29 (9) Creation, enforcement, extension, or impairment of
30 liens based on private contracts, or fixing of interest rates
31 on private contracts.;
23
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (10) Disposal of public property, including any
2 interest therein, for private purposes.;
3 (11) Vacation of roads.;
4 (12) Private incorporation or grant of privilege to a
5 private corporation.;
6 (13) Effectuation of invalid deeds, wills, or other
7 instruments, or change in the law of descent.;
8 (14) Change of name of any person.;
9 (15) Divorce.;
10 (16) Legitimation or adoption of persons.;
11 (17) Relief of minors from legal disabilities.;
12 (18) Transfer of any property interest of persons
13 under legal disabilities or of estates of decedents.;
14 (19) Hunting or freshwater fresh water fishing.;
15 (20) Regulation of occupations which are regulated by
16 a state agency.; or
17 (21) Any subject when prohibited by general law passed
18 by a three-fifths vote of the membership of each house. Such
19 law may be amended or repealed by like vote.
20 (b) In the enactment of general laws on other
21 subjects, political subdivisions or other governmental
22 entities may be classified only on a basis reasonably related
23 to the subject of the law.
24 SECTION 12. Appropriation bills.--Laws making
25 appropriations for salaries of public officers and other
26 current expenses of the state shall contain provisions on no
27 other subject.
28 SECTION 13. Term of office.--No office shall be
29 created the term of which shall exceed four years except as
30 provided herein.
31
24
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 14. Civil service system.--By law there shall
2 be created a civil service system for state employees, except
3 those expressly exempted, and there may be created civil
4 service systems and boards for county, district, or municipal
5 employees and for such offices thereof as are not elected or
6 appointed by the governor, and there may be authorized such
7 boards as are necessary to prescribe the qualifications,
8 method of selection, and tenure of such employees and
9 officers.
10 SECTION 15. Terms and qualifications of legislators.--
11 (a) SENATORS.--Senators shall be elected for terms of
12 four years, those from odd-numbered districts in the years the
13 numbers of which are multiples of four and those from
14 even-numbered districts in even-numbered years the numbers of
15 which are not multiples of four; except, at the election next
16 following a reapportionment, some senators shall be elected
17 for terms of two years when necessary to maintain staggered
18 terms.
19 (b) REPRESENTATIVES.--Members of the house of
20 representatives shall be elected for terms of two years in
21 each even-numbered year.
22 (c) QUALIFICATIONS.--Each legislator shall be at least
23 twenty-one years of age, shall be an elector and resident of
24 the district from which elected, and shall have resided in the
25 state for a period of two years prior to election.
26 (d) ASSUMING OFFICE; VACANCIES.--Members of the
27 legislature shall take office upon election. A vacancy
28 Vacancies in a legislative office shall be filled only by
29 election as provided by law.
30 SECTION 16. Legislative apportionment.--
31
25
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (a) SENATORIAL AND REPRESENTATIVE DISTRICTS.--The
2 legislature at its regular session in the second year
3 following each decennial census, by joint resolution, shall
4 apportion the state in accordance with the Constitution of the
5 State of Florida and of the United States into not fewer less
6 than thirty nor more than forty consecutively numbered
7 senatorial districts of either contiguous, overlapping, or
8 identical territory, and into not less than eighty nor more
9 than one hundred twenty consecutively numbered representative
10 districts of either contiguous, overlapping, or identical
11 territory. Should that session adjourn without adopting such
12 joint resolution, the governor by proclamation shall reconvene
13 the legislature within thirty days in special apportionment
14 session which shall not exceed thirty consecutive days, during
15 which no other business shall be transacted, and it shall be
16 the mandatory duty of the legislature to adopt a joint
17 resolution of apportionment.
18 (b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
19 REAPPORTIONMENT.--In the event a special apportionment session
20 of the legislature finally adjourns without adopting a joint
21 resolution of apportionment, the attorney general shall,
22 within five days, petition the supreme court of the state to
23 make such apportionment. No later than the sixtieth day after
24 the filing of such petition, the supreme court shall file with
25 the custodian of state records an order making such
26 apportionment.
27 (c) JUDICIAL REVIEW OF APPORTIONMENT.--Within fifteen
28 days after the passage of the joint resolution of
29 apportionment, the attorney general shall petition the supreme
30 court of the state for a declaratory judgment determining the
31 validity of the apportionment. The supreme court, in
26
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 accordance with its rules, shall permit adversary interests to
2 present their views and, within thirty days from the filing of
3 the petition, shall enter its judgment.
4 (d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
5 APPORTIONMENT SESSION.--A judgment of the supreme court of the
6 state determining the apportionment to be valid shall be
7 binding upon all the citizens of the state. Should the supreme
8 court determine that the apportionment made by the legislature
9 is invalid, the governor by proclamation shall reconvene the
10 legislature within five days thereafter in an extraordinary
11 apportionment session that which shall not exceed fifteen
12 days, during which the legislature shall adopt a joint
13 resolution of apportionment conforming to the judgment of the
14 supreme court.
15 (e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
16 APPORTIONMENT.--Within fifteen days after the adjournment of
17 an extraordinary apportionment session, the attorney general
18 shall file a petition in the supreme court of the state
19 setting forth the apportionment resolution adopted by the
20 legislature, or, if none has been adopted, reporting that fact
21 to the court. Consideration of the validity of a joint
22 resolution of apportionment shall be had as provided for in
23 cases of such joint resolution adopted at a regular or special
24 apportionment session.
25 (f) JUDICIAL REAPPORTIONMENT.--Should an extraordinary
26 apportionment session fail to adopt a resolution of
27 apportionment or should the supreme court determine that the
28 apportionment made is invalid, the court shall, not later than
29 sixty days after receiving the petition of the attorney
30 general, file with the custodian of state records an order
31 making such apportionment.
27
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 17. Impeachment.--
2 (a) The governor, lieutenant governor, members of the
3 cabinet, justices of the supreme court, judges of district
4 courts of appeal, judges of circuit courts, and judges of
5 county courts shall be liable to impeachment for misdemeanor
6 in office. The house of representatives by two-thirds vote
7 shall have the power to impeach an officer. The speaker of the
8 house of representatives shall have power at any time to
9 appoint a committee to investigate charges against any officer
10 subject to impeachment.
11 (b) An officer impeached by the house of
12 representatives shall be disqualified from performing any
13 official duties until acquitted by the senate, and, unless
14 impeached, the governor may by appointment fill the office
15 until completion of the trial.
16 (c) All impeachments by the house of representatives
17 shall be tried by the senate. The chief justice of the supreme
18 court, or another justice designated by the chief justice,
19 shall preside at the trial, except in a trial of the chief
20 justice, in which case the governor shall preside. The senate
21 shall determine the time for the trial of any impeachment and
22 may sit for the trial whether the house of representatives be
23 in session or not. The time fixed for trial shall not be more
24 than six months after the impeachment. During an impeachment
25 trial senators shall be upon their oath or affirmation. No
26 officer shall be convicted without the concurrence of
27 two-thirds of the members of the senate present. Judgment of
28 conviction in cases of impeachment shall remove the offender
29 from office and, in the discretion of the senate, may include
30 disqualification to hold any office of honor, trust, or
31
28
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 profit. Conviction or acquittal shall not affect the civil or
2 criminal responsibility of the officer.
3 SECTION 18. Conflict of interest.--A code of ethics
4 for all state employees and nonjudicial officers prohibiting
5 conflict between public duty and private interests shall be
6 prescribed by law.
7 SECTION 18 19. State budgeting, planning, and
8 appropriations processes.--
9 (a) ANNUAL BUDGETING.--Effective July 1, 1994, General
10 law shall prescribe the adoption of annual state budgetary and
11 planning processes and require that detail reflecting the
12 annualized costs of the state budget and reflecting the
13 nonrecurring costs of the budget requests shall accompany
14 state department and agency legislative budget requests, the
15 governor's recommended budget, and appropriation bills. For
16 purposes of this subsection, the terms "department" and
17 "agency" shall include the judicial branch.
18 (b) APPROPRIATION BILLS FORMAT.--Separate sections
19 within the general appropriation bill shall be used for each
20 major program area of the state budget; major program areas
21 shall include: education enhancement "lottery" trust fund
22 items; education (all other funds); human services; criminal
23 justice and corrections; natural resources, environment,
24 growth management, and transportation; general government; and
25 judicial branch. Each major program area shall include an
26 itemization of expenditures for: state operations; state
27 capital outlay; aid to local governments and nonprofit
28 organizations operations; aid to local governments and
29 nonprofit organizations capital outlay; federal funds and the
30 associated state matching funds; spending authorizations for
31 operations; and spending authorizations for capital outlay.
29
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 Additionally, appropriation bills passed by the legislature
2 shall include an itemization of specific appropriations that
3 exceed one million dollars ($1,000,000.00) in 1992 dollars.
4 For purposes of this subsection, "specific appropriation,"
5 "itemization," and "major program area" shall be defined by
6 law. This itemization threshold shall be adjusted by general
7 law every four years to reflect the rate of inflation or
8 deflation as indicated in the Consumer Price Index for All
9 Urban Consumers, U.S. City Average, All Items, or successor
10 reports as reported by the United States Department of Labor,
11 Bureau of Labor Statistics or its successor. Substantive bills
12 containing appropriations shall also be subject to the
13 itemization requirement mandated under this provision and
14 shall be subject to the governor's specific appropriation veto
15 power described in Article III, section 8. This subsection
16 shall be effective July 1, 1994.
17 (c) APPROPRIATIONS REVIEW PROCESS.--Effective July 1,
18 1993, General law shall prescribe requirements for each
19 department and agency of state government to submit a planning
20 document and supporting budget request for review by the
21 appropriations committees of both houses of the legislature.
22 The review shall include a comparison of the major issues in
23 the planning document and budget requests to those major
24 issues included in the governor's recommended budget. For
25 purposes of this subsection, the terms "department" and
26 "agency" shall include the judicial branch.
27 (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.-- All
28 general appropriation bills shall be furnished to each member
29 of the legislature, each member of the cabinet, the governor,
30 and the chief justice of the supreme court at least
31 seventy-two hours before final passage by either house of the
30
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 legislature of the bill in the form that will be presented to
2 the governor.
3 (e) FINAL BUDGET REPORT.--Effective November 4, 1992,
4 A final budget report shall be prepared as prescribed by
5 general law. The final budget report shall be produced no
6 later than the ninetieth 90th day after the beginning of the
7 fiscal year, and copies of the report shall be furnished to
8 each member of the legislature, the head of each department
9 and agency of the state, the auditor general, and the chief
10 justice of the supreme court.
11 (f) TRUST FUNDS.
12 (1) No trust fund of the State of Florida or other
13 public body may be created by law without a three-fifths
14 (3/5)vote of the membership of each house of the legislature
15 in a separate bill for that purpose only.
16 (2) State trust funds in existence before the
17 effective date of this subsection shall terminate not more
18 than four years after the effective date of this subsection.
19 State trust funds created after November 4, 1992, the
20 effective date of this subsection shall terminate not more
21 than four years after the effective date of the act
22 authorizing the creation of the trust fund. By law the
23 legislature may set a shorter time period for which any trust
24 fund is authorized.
25 (3) Trust funds required by federal programs or
26 mandates; trust funds established for bond covenants,
27 indentures, or resolutions, whose revenues are legally pledged
28 by the state or public body to meet debt service or other
29 financial requirements of any debt obligations of the state or
30 any public body; the state transportation trust fund; the
31 trust fund containing the net annual proceeds from the Florida
31
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 Education Lotteries; the Florida retirement trust fund; trust
2 funds for institutions under the management of the Board of
3 Regents, where such trust funds are for auxiliary enterprises
4 and contracts, grants, and donations, as those terms are
5 defined by general law; trust funds that serve as clearing
6 funds or accounts for the chief financial officer or state
7 agencies; trust funds that account for assets held by the
8 state in a trustee capacity as an agent or fiduciary for
9 individuals, private organizations, or other governmental
10 units; and other trust funds authorized by this constitution,
11 are not subject to the requirements set forth in paragraph (2)
12 of this subsection.
13 (4) All cash balances and income of any trust funds
14 abolished under this subsection shall be deposited into the
15 general revenue fund.
16 (5) The provisions of this subsection shall be
17 effective November 4, 1992.
18 (g) BUDGET STABILIZATION FUND.--Beginning with the
19 1994-1995 fiscal year, at least 1% of an amount equal to the
20 last completed fiscal year's net revenue collections for the
21 general revenue fund shall be retained in a budget
22 stabilization fund. The budget stabilization fund shall be
23 increased to at least 2% of said amount for the 1995-1996
24 fiscal year, at least 3% of said amount for the 1996-1997
25 fiscal year, at least 4% of said amount for the 1997-1998
26 fiscal year, and at least 5% of said amount for the 1998-1999
27 fiscal year. Subject to the provisions of this subsection, the
28 budget stabilization fund shall be maintained at an amount
29 equal to at least five percent 5% of the last completed fiscal
30 year's net revenue collections for the general revenue fund.
31 The budget stabilization fund's principal balance shall not
32
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 exceed an amount equal to ten percent 10% of the last
2 completed fiscal year's net revenue collections for the
3 general revenue fund. The legislature shall provide criteria
4 for withdrawing funds from the budget stabilization fund in a
5 separate bill for that purpose only and only for the purpose
6 of covering revenue shortfalls of the general revenue fund or
7 for the purpose of providing funding for an emergency, as
8 defined by general law. General law shall provide for the
9 restoration of this fund. The budget stabilization fund shall
10 be comprised of funds not otherwise obligated or committed for
11 any purpose.
12 (h) STATE PLANNING DOCUMENT AND DEPARTMENT AND AGENCY
13 PLANNING DOCUMENT PROCESSES.--The governor shall recommend to
14 the legislature biennially any revisions to the state planning
15 document, as defined by law. General law shall require a
16 biennial review and revision of the state planning document,
17 shall require the governor to report to the legislature on the
18 progress in achieving the state planning document's goals, and
19 shall require all departments and agencies of state government
20 to develop planning documents consistent with the state
21 planning document. The state planning document and department
22 and agency planning documents shall remain subject to review
23 and revision by the legislature. The department and agency
24 planning documents shall include a prioritized listing of
25 planned expenditures for review and possible reduction in the
26 event of revenue shortfalls, as defined by general law. To
27 ensure productivity and efficiency in the executive,
28 legislative, and judicial branches, a quality management and
29 accountability program shall be implemented by general law.
30 For the purposes of this subsection, the terms "department"
31
33
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 and "agency" shall include the judicial branch. This
2 subsection shall be effective July 1, 1993.
3
4 ARTICLE IV
5 EXECUTIVE
6
7 SECTION 1. Governor.--
8 (a) The supreme executive power shall be vested in a
9 governor, who shall be commander-in-chief of all military
10 forces of the state not in active service of the United
11 States. The governor shall take care that the laws be
12 faithfully executed, commission all officers of the state and
13 counties, and transact all necessary business with the
14 officers of government. The governor may require information
15 in writing from all executive or administrative state, county,
16 or municipal officers upon any subject relating to the duties
17 of their respective offices. The governor shall be the chief
18 administrative officer of the state responsible for the
19 planning and budgeting for the state.
20 (b) The governor may initiate judicial proceedings in
21 the name of the state against any executive or administrative
22 state, county, or municipal officer to enforce compliance with
23 any duty or restrain any unauthorized act.
24 (c) The governor may request in writing the opinion of
25 the justices of the supreme court as to the interpretation of
26 any portion of this constitution upon any question affecting
27 the governor's executive powers and duties. The justices
28 shall, subject to their rules of procedure, permit interested
29 persons to be heard on the questions presented and shall
30 render their written opinion not earlier than ten days from
31
34
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 the filing and docketing of the request, unless in their
2 judgment the delay would cause public injury.
3 (d) The governor shall have power to call out the
4 militia to preserve the public peace, execute the laws of the
5 state, suppress insurrection, or repel invasion.
6 (e) The governor shall by message at least once in
7 each regular session inform the legislature concerning the
8 condition of the state, propose such reorganization of the
9 executive department as will promote efficiency and economy,
10 and recommend measures in the public interest.
11 (f) When not otherwise provided for in this
12 constitution, the governor shall fill by appointment any
13 vacancy in a state or county office for the remainder of the
14 term of an appointive office, and for the remainder of the
15 term of an elective office if less than twenty-eight months,
16 otherwise until the first Tuesday after the first Monday
17 following the next general election.
18 SECTION 2. Lieutenant governor.--There shall be a
19 lieutenant governor, who shall perform such duties pertaining
20 to the office of governor as shall be assigned by the
21 governor, except when otherwise provided by law, and such
22 other duties as may be prescribed by law.
23 SECTION 3. Succession to office of governor; acting
24 governor.--
25 (a) Upon vacancy in the office of governor, the
26 lieutenant governor shall become governor. Further succession
27 to the office of governor shall be prescribed by law. A
28 successor shall serve for the remainder of the term.
29 (b) Upon impeachment of the governor and until
30 completion of trial thereof, or during the governor's physical
31 or mental incapacity, the lieutenant governor shall act as
35
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 governor. Further succession as acting governor shall be
2 prescribed by law. Incapacity to serve as governor may be
3 determined by the supreme court upon due notice after
4 docketing of a written suggestion thereof by three cabinet
5 members, and in such case restoration of capacity shall be
6 similarly determined after docketing of written suggestion
7 thereof by the governor, the legislature, or three cabinet
8 members. Incapacity to serve as governor may also be
9 established by certificate filed with the custodian of state
10 records by the governor declaring incapacity for physical
11 reasons to serve as governor, and in such case restoration of
12 capacity shall be similarly established.
13 SECTION 4. Cabinet.--
14 (a) There shall be a cabinet composed of an attorney
15 general, a chief financial officer, and a commissioner of
16 agriculture. In addition to the powers and duties specified
17 herein, they shall exercise such powers and perform such
18 duties as may be prescribed by law. In the event of a tie vote
19 of the governor and cabinet, the side on which the governor
20 voted shall be deemed to prevail.
21 (b) The attorney general shall be the chief state
22 legal officer. There is created in the office of the attorney
23 general the position of statewide prosecutor. The statewide
24 prosecutor shall have concurrent jurisdiction with the state
25 attorneys to prosecute violations of criminal laws occurring
26 or having occurred, in two or more judicial circuits as part
27 of a related transaction, or when any such offense is
28 affecting or has affected two or more judicial circuits as
29 provided by general law. The statewide prosecutor shall be
30 appointed by the attorney general from not fewer less than
31 three persons nominated by the judicial nominating commission
36
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 for the supreme court, or as otherwise provided by general
2 law.
3 (c) The chief financial officer shall serve as the
4 chief fiscal officer of the state, and shall settle and
5 approve accounts against the state, and shall keep all state
6 funds and securities.
7 (d) The commissioner of agriculture shall have
8 supervision of matters pertaining to agriculture except as
9 otherwise provided by law.
10 (e) The governor as chair, the chief financial
11 officer, and the attorney general shall constitute the state
12 board of administration, which shall succeed to all the power,
13 control, and authority of the state board of administration
14 established pursuant to Article IX, section 16 of the
15 constitution of 1885, and which shall continue as a body at
16 least for the life of Article XII, section 7(c) 9(c).
17 (f) The governor as chair, the chief financial
18 officer, the attorney general, and the commissioner of
19 agriculture shall constitute the trustees of the internal
20 improvement trust fund and the land acquisition trust fund as
21 provided by law.
22 (g) The governor as chair, the chief financial
23 officer, the attorney general, and the commissioner of
24 agriculture shall constitute the agency head of the Department
25 of Law Enforcement.
26 SECTION 5. Election of governor, lieutenant governor,
27 and cabinet members; qualifications; terms.--
28 (a) At a statewide state-wide general election in each
29 calendar year the number of which is even but not a multiple
30 of four, the electors shall choose a governor and a lieutenant
31 governor and members of the cabinet each for a term of four
37
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 years beginning on the first Tuesday after the first Monday in
2 January of the succeeding year. In primary elections,
3 candidates for the office of governor may choose to run
4 without a lieutenant governor candidate. In the general
5 election, all candidates for the offices of governor and
6 lieutenant governor shall form joint candidacies in a manner
7 prescribed by law so that each voter shall cast a single vote
8 for a candidate for governor and a candidate for lieutenant
9 governor running together.
10 (b) When elected, the governor, lieutenant governor,
11 and each cabinet member must be an elector not less than
12 thirty years of age who has resided in the state for the
13 preceding seven years. The attorney general must have been a
14 member of the bar of Florida for the preceding five years. No
15 person who has, or but for resignation would have, served as
16 governor or acting governor for more than six years in two
17 consecutive terms shall be elected governor for the succeeding
18 term.
19 SECTION 6. Executive departments.--All functions of
20 the executive branch of state government shall be allotted
21 among not more than twenty-five departments, exclusive of
22 those specifically provided for or authorized in this
23 constitution. The administration of each department, unless
24 otherwise provided in this constitution, shall be placed by
25 law under the direct supervision of the governor, the
26 lieutenant governor, the governor and cabinet, a cabinet
27 member, or an officer or board appointed by and serving at the
28 pleasure of the governor, except:
29 (a) When provided by law, confirmation by the senate
30 or the approval of three members of the cabinet shall be
31
38
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 required for appointment to or removal from any designated
2 statutory office.
3 (b) Boards authorized to grant and revoke licenses to
4 engage in regulated occupations shall be assigned to
5 appropriate departments and their members appointed for fixed
6 terms, subject to removal only for cause.
7 SECTION 7. Suspensions; filling office during
8 suspensions.--
9 (a) By executive order stating the grounds and filed
10 with the custodian of state records, the governor may suspend
11 from office any state officer not subject to impeachment, any
12 officer of the militia not in the active service of the United
13 States, or any county officer, for malfeasance, misfeasance,
14 neglect of duty, drunkenness, incompetence, permanent
15 inability to perform official duties, or commission of a
16 felony, and may fill the office by appointment for the period
17 of suspension. The suspended officer may at any time before
18 removal be reinstated by the governor.
19 (b) The senate may, in proceedings prescribed by law,
20 remove from office or reinstate the suspended official and for
21 such purpose the senate may be convened in special session by
22 its president or by a majority of its membership.
23 (c) By order of the governor, any elected municipal
24 officer indicted for a crime may be suspended from office
25 until acquitted and the office filled by appointment for the
26 period of suspension, not to extend beyond the term, unless
27 these powers are vested elsewhere by law or the municipal
28 charter.
29 SECTION 8. Clemency.--
30 (a) Except in cases of treason and in cases where
31 impeachment results in conviction, the governor may, by
39
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 executive order filed with the custodian of state records,
2 suspend collection of fines and forfeitures, grant reprieves
3 not exceeding sixty days and, with the approval of two members
4 of the cabinet, grant full or conditional pardons, restore
5 civil rights, commute punishment, and remit fines and
6 forfeitures for offenses.
7 (b) In cases of treason, the governor may grant
8 reprieves until adjournment of the regular session of the
9 legislature convening next after the conviction, at which
10 session the legislature may grant a pardon or further
11 reprieve; otherwise the sentence shall be executed.
12 (c) There may be created by law a parole and probation
13 commission with power to supervise persons on probation and to
14 grant paroles or conditional releases to persons under
15 sentences for crime. The qualifications, method of selection
16 and terms, not to exceed six years, of members of the
17 commission shall be prescribed by law.
18 SECTION 9. Fish and wildlife conservation
19 commission.--There shall be a fish and wildlife conservation
20 commission, composed of seven members appointed by the
21 governor, subject to confirmation by the senate for staggered
22 terms of five years. The commission shall exercise the
23 regulatory and executive powers of the state with respect to
24 wild animal life and freshwater fresh water aquatic life, and
25 shall also exercise regulatory and executive powers of the
26 state with respect to marine life, except that all license
27 fees for taking wild animal life, freshwater fresh water
28 aquatic life, and marine life and penalties for violating
29 regulations of the commission shall be prescribed by general
30 law. The commission shall establish procedures to ensure
31 adequate due process in the exercise of its regulatory and
40
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 executive functions. The legislature may enact laws in aid of
2 the commission, not inconsistent with this section, except
3 that there shall be no special law or general law of local
4 application pertaining to hunting or fishing. The commission's
5 exercise of executive powers in the area of planning,
6 budgeting, personnel management, and purchasing shall be as
7 provided by law. Revenue derived from license fees for the
8 taking of wild animal life and freshwater fresh water aquatic
9 life shall be appropriated to the commission by the
10 legislature for the purposes of management, protection, and
11 conservation of wild animal life and freshwater fresh water
12 aquatic life. Revenue derived from license fees relating to
13 marine life shall be appropriated by the legislature for the
14 purposes of management, protection, and conservation of marine
15 life as provided by law. The commission shall not be a unit of
16 any other state agency and shall have its own staff, which
17 includes management, research, and enforcement. Unless
18 provided by general law, the commission shall have no
19 authority to regulate matters relating to air and water
20 pollution.
21 SECTION 10. Attorney General.--The attorney general
22 shall, as directed by general law, request the opinion of the
23 justices of the supreme court as to the validity of any
24 initiative petition circulated pursuant to Article XI, section
25 3 of Article XI. The justices shall, subject to their rules of
26 procedure, permit interested persons to be heard on the
27 questions presented and shall render their written opinion no
28 later than April 1 of the year in which the initiative is to
29 be submitted to the voters pursuant to Article XI, section 5
30 of Article XI.
31
41
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 11. Department of Veterans Affairs.--The
2 legislature, by general law, may provide for the establishment
3 of the Department of Veterans Affairs.
4 SECTION 12. Department of Elderly Affairs.--The
5 legislature may create a Department of Elderly Affairs and
6 prescribe its duties. The provisions governing the
7 administration of the department must comply with Article IV,
8 section 6 of Article IV of the State Constitution.
9 SECTION 13. Revenue Shortfalls.--In the event of
10 revenue shortfalls, as defined by general law, the governor
11 and cabinet may establish all necessary reductions in the
12 state budget in order to comply with the provisions of Article
13 VII, section 1(d). The governor and cabinet shall implement
14 all necessary reductions for the executive budget, the chief
15 justice of the supreme court shall implement all necessary
16 reductions for the judicial budget, and the speaker of the
17 house of representatives and the president of the senate shall
18 implement all necessary reductions for the legislative budget.
19 Budget reductions pursuant to this section shall be consistent
20 with the provisions of Article III, section 18(h) 19(h).
21
22 ARTICLE V
23 JUDICIARY
24
25 SECTION 1. Courts.--The judicial power shall be vested
26 in a supreme court, district courts of appeal, circuit courts,
27 and county courts. No other courts may be established by the
28 state, any political subdivision, or any municipality. The
29 legislature shall, by general law, divide the state into
30 appellate court districts and judicial circuits following
31 county lines. Commissions established by law, or
42
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 administrative officers or bodies, may be granted
2 quasi-judicial power in matters connected with the functions
3 of their offices. The legislature may establish, by general
4 law, a civil traffic hearing officer system for the purpose of
5 hearing civil traffic infractions. The legislature may, by
6 general law, authorize a military court-martial to be
7 conducted by military judges of the Florida National Guard,
8 with direct appeal of a decision to the District Court of
9 Appeal, First District.
10 SECTION 2. Administration; practice and procedure.--
11 (a) The supreme court shall adopt rules for the
12 practice and procedure in all courts including the time for
13 seeking appellate review, the administrative supervision of
14 all courts, the transfer to the court having jurisdiction of
15 any proceeding when the jurisdiction of another court has been
16 improvidently invoked, and a requirement that no cause shall
17 be dismissed because an improper remedy has been sought. The
18 supreme court shall adopt rules to allow the court and the
19 district courts of appeal to submit questions relating to
20 military law to the federal Court of Appeals for the Armed
21 Forces for an advisory opinion. Rules of court may be repealed
22 by general law enacted by two-thirds vote of the membership of
23 each house of the legislature.
24 (b) The chief justice of the supreme court shall be
25 chosen by a majority of the members of the court; shall be the
26 chief administrative officer of the judicial system; and shall
27 have the power to assign justices or judges, including
28 consenting retired justices or judges, to temporary duty in
29 any court for which the judge is qualified and to delegate to
30 a chief judge of a judicial circuit the power to assign judges
31 for duty in that circuit.
43
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (c) A chief judge for each district court of appeal
2 shall be chosen by a majority of the judges thereof or, if
3 there is no majority, by the chief justice. The chief judge
4 shall be responsible for the administrative supervision of the
5 court.
6 (d) A chief judge in each circuit shall be chosen from
7 among the circuit judges as provided by supreme court rule.
8 The chief judge shall be responsible for the administrative
9 supervision of the circuit courts and county courts in his or
10 her circuit.
11 SECTION 3. Supreme court.--
12 (a) ORGANIZATION.--The supreme court shall consist of
13 seven justices. Of the seven justices, each appellate district
14 shall have at least one justice elected or appointed from the
15 district to the supreme court who is a resident of the
16 district at the time of the original appointment or election.
17 Five justices shall constitute a quorum. The concurrence of
18 four justices shall be necessary to a decision. When recusals
19 for cause would prohibit the court from convening because of
20 the requirements of this section, judges assigned to temporary
21 duty may be substituted for justices.
22 (b) JURISDICTION.--The supreme court:
23 (1) Shall hear appeals from final judgments of trial
24 courts imposing the death penalty and from decisions of
25 district courts of appeal declaring invalid a state statute or
26 a provision of the state constitution.
27 (2) When provided by general law, shall hear appeals
28 from final judgments entered in proceedings for the validation
29 of bonds or certificates of indebtedness and shall review
30 action of statewide agencies relating to rates or service of
31 utilities providing electric, gas, or telephone service.
44
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (3) May review any decision of a district court of
2 appeal that expressly declares valid a state statute, or that
3 expressly construes a provision of the state or federal
4 constitution, or that expressly affects a class of
5 constitutional or state officers, or that expressly and
6 directly conflicts with a decision of another district court
7 of appeal or of the supreme court on the same question of law.
8 (4) May review any decision of a district court of
9 appeal that passes upon a question certified by it to be of
10 great public importance, or that is certified by it to be in
11 direct conflict with a decision of another district court of
12 appeal.
13 (5) May review any order or judgment of a trial court
14 certified by the district court of appeal, in which an appeal
15 is pending, to be of great public importance, or to have a
16 great effect on the proper administration of justice
17 throughout the state, and certified to require immediate
18 resolution by the supreme court.
19 (6) May review a question of law certified by the
20 Supreme Court of the United States or a United States Court of
21 Appeals which is determinative of the cause and for which
22 there is no controlling precedent of the supreme court of
23 Florida.
24 (7) May issue writs of prohibition to courts and all
25 writs necessary to the complete exercise of its jurisdiction.
26 (8) May issue writs of mandamus and quo warranto to
27 state officers and state agencies.
28 (9) May, or any justice may, issue writs of habeas
29 corpus returnable before the supreme court or any justice, a
30 district court of appeal or any judge thereof, or any circuit
31 judge.
45
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (10) Shall, when requested by the attorney general
2 pursuant to the provisions of Article IV, section 10 of
3 Article IV, render an advisory opinion of the justices,
4 addressing issues as provided by general law.
5 (c) CLERK AND MARSHAL.--The supreme court shall
6 appoint a clerk and a marshal who shall hold office at during
7 the pleasure of the court and perform such duties as the court
8 directs. Their compensation shall be fixed by general law. The
9 marshal shall have the power to execute the process of the
10 court throughout the state, and in any county may deputize the
11 sheriff or a deputy sheriff for such purpose.
12 SECTION 4. District courts of appeal.--
13 (a) ORGANIZATION.--There shall be a district court of
14 appeal serving each appellate district. Each district court of
15 appeal shall consist of at least three judges. Three judges
16 shall consider each case and the concurrence of two shall be
17 necessary to a decision.
18 (b) JURISDICTION.--
19 (1) District courts of appeal shall have jurisdiction
20 to hear appeals, that may be taken as a matter of right, from
21 final judgments or orders of trial courts, including those
22 entered on review of administrative action, not directly
23 appealable to the supreme court or a circuit court. They may
24 review interlocutory orders in such cases to the extent
25 provided by rules adopted by the supreme court.
26 (2) District courts of appeal shall have the power of
27 direct review of administrative action, as prescribed by
28 general law.
29 (3) A district court of appeal or any judge thereof
30 may issue writs of habeas corpus returnable before the court
31 or any judge thereof or before any circuit judge within the
46
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 territorial jurisdiction of the court. A district court of
2 appeal may issue writs of mandamus, certiorari, prohibition,
3 quo warranto, and other writs necessary to the complete
4 exercise of its jurisdiction. To the extent necessary to
5 dispose of all issues in a cause properly before it, a
6 district court of appeal may exercise any of the appellate
7 jurisdiction of the circuit courts.
8 (c) CLERKS AND MARSHALS.--Each district court of
9 appeal shall appoint a clerk and a marshal who shall hold
10 office during the pleasure of the court and perform such
11 duties as the court directs. Their compensation shall be fixed
12 by general law. The marshal shall have the power to execute
13 the process of the court throughout the territorial
14 jurisdiction of the court, and in any county may deputize the
15 sheriff or a deputy sheriff for such purpose.
16 SECTION 5. Circuit courts.--
17 (a) ORGANIZATION.--There shall be a circuit court
18 serving each judicial circuit.
19 (b) JURISDICTION.--The circuit courts shall have
20 original jurisdiction not vested in the county courts, and
21 jurisdiction of appeals when provided by general law. They
22 shall have the power to issue writs of mandamus, quo warranto,
23 certiorari, prohibition, and habeas corpus, and all writs
24 necessary or proper to the complete exercise of their
25 jurisdiction. Jurisdiction of the circuit courts court shall
26 be uniform throughout the state. They shall have the power of
27 direct review of administrative action prescribed by general
28 law.
29 SECTION 6. County courts.--
30
31
47
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (a) ORGANIZATION.--There shall be a county court in
2 each county. There shall be one or more judges for each county
3 court as prescribed by general law.
4 (b) JURISDICTION.--The county courts shall exercise
5 the jurisdiction prescribed by general law. Such jurisdiction
6 shall be uniform throughout the state.
7 SECTION 7. Specialized divisions.--All courts except
8 the supreme court may sit in divisions as may be established
9 by general law. A circuit or county court may hold civil and
10 criminal trials and hearings in any place within the
11 territorial jurisdiction of the court as designated by the
12 chief judge of the circuit.
13 SECTION 8. Eligibility.--No person shall be eligible
14 for office of justice or judge of any court unless the person
15 is an elector of the state and resides in the territorial
16 jurisdiction of the court. No justice or judge shall serve
17 after attaining the age of seventy years except upon temporary
18 assignment or to complete a term, one-half of which has been
19 served. No person is eligible for the office of justice of the
20 supreme court or judge of a district court of appeal unless
21 the person is, and has been for the preceding ten years, a
22 member of the bar of Florida. No person is eligible for the
23 office of circuit judge unless the person is, and has been for
24 the preceding five years, a member of the bar of Florida.
25 Unless otherwise provided by general law, no person is
26 eligible for the office of county court judge unless the
27 person is, and has been for the preceding five years, a member
28 of the bar of Florida. Unless otherwise provided by general
29 law, a person shall be eligible for election or appointment to
30 the office of county court judge in a county having a
31
48
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 population of 40,000 or fewer less if the person is a member
2 in good standing of the bar of Florida.
3 SECTION 9. Determination of number of judges.--The
4 supreme court shall establish by rule uniform criteria for the
5 determination of the need for additional judges except supreme
6 court justices, the necessity for decreasing the number of
7 judges and for increasing, decreasing, or redefining appellate
8 districts and judicial circuits. If the supreme court finds
9 that a need exists for increasing or decreasing the number of
10 judges or increasing, decreasing, or redefining appellate
11 districts and judicial circuits, it shall, prior to the next
12 regular session of the legislature, certify to the legislature
13 its findings and recommendations concerning such need. Upon
14 receipt of such certificate, the legislature, at the next
15 regular session, shall consider the findings and
16 recommendations and may reject the recommendations or by law
17 implement the recommendations in whole or in part; provided
18 the legislature may create more judicial offices than are
19 recommended by the supreme court or may decrease the number of
20 judicial offices by a greater number than recommended by the
21 court only upon a finding of two-thirds of the membership of
22 both houses of the legislature, that such a need exists. A
23 decrease in the number of judges shall be effective only after
24 the expiration of a term. If the supreme court fails to make
25 findings as provided above when need exists, the legislature
26 may by concurrent resolution request the court to certify its
27 findings and recommendations and upon the failure of the court
28 to certify its findings for nine consecutive months, the
29 legislature may, upon a finding of two-thirds of the
30 membership of both houses of the legislature that a need
31 exists, increase or decrease the number of judges or increase,
49
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 decrease, or redefine appellate districts and judicial
2 circuits.
3 SECTION 10. Retention; election and terms.--
4 (a) Any justice or judge may qualify for retention by
5 a vote of the electors in the general election next preceding
6 the expiration of the justice's or judge's term in the manner
7 prescribed by law. If a justice or judge is ineligible or
8 fails to qualify for retention, a vacancy shall exist in that
9 office upon the expiration of the term being served by the
10 justice or judge. When a justice or judge so qualifies, the
11 ballot shall read substantially as follows: "Shall Justice (or
12 Judge) (name of justice or judge) of the (name of the
13 court) be retained in office?" If a majority of the
14 qualified electors voting within the territorial jurisdiction
15 of the court vote to retain, the justice or judge shall be
16 retained for a term of six years. The term of the justice or
17 judge retained shall commence on the first Tuesday after the
18 first Monday in January following the general election. If a
19 majority of the qualified electors voting within the
20 territorial jurisdiction of the court vote to not retain, a
21 vacancy shall exist in that office upon the expiration of the
22 term being served by the justice or judge.
23 (b)(1) The election of circuit judges shall be
24 preserved notwithstanding the provisions of subsection (a)
25 unless a majority of those voting in the jurisdiction of that
26 circuit approves a local option to select circuit judges by
27 merit selection and retention rather than by election. The
28 election of circuit judges shall be by a vote of the qualified
29 electors within the territorial jurisdiction of the court.
30 (2) The election of county court judges shall be
31 preserved notwithstanding the provisions of subsection (a)
50
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 unless a majority of those voting in the jurisdiction of that
2 county approves a local option to select county judges by
3 merit selection and retention rather than by election. The
4 election of county court judges shall be by a vote of the
5 qualified electors within the territorial jurisdiction of the
6 court.
7 (3)a. A vote to exercise a local option to select
8 circuit court judges and county court judges by merit
9 selection and retention rather than by election shall be held
10 in each circuit and county at the general election in the year
11 2000. If a vote to exercise the this local option to select
12 circuit court judges and county court judges by merit
13 selection and retention rather than by election fails in a
14 vote of the electors, such option shall not again be put to a
15 vote of the electors of that jurisdiction until the expiration
16 of at least two years.
17 b. After the year 2000, A circuit may initiate the
18 local option for merit selection and retention or the election
19 of circuit judges, whichever is applicable, by filing with the
20 custodian of state records a petition signed by the number of
21 electors equal to at least ten percent of the votes cast in
22 the circuit in the last preceding election in which
23 presidential electors were chosen.
24 c. After the year 2000, A county may initiate the
25 local option for merit selection and retention or the election
26 of county court judges, whichever is applicable, by filing
27 with the supervisor of elections a petition signed by the
28 number of electors equal to at least ten percent of the votes
29 cast in the county in the last preceding election in which
30 presidential electors were chosen. The terms of circuit judges
31 and judges of county courts shall be for six years.
51
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 11. Vacancies.--
2 (a) Whenever a vacancy occurs in a judicial office to
3 which election for retention applies, the governor shall fill
4 the vacancy by appointing for a term ending on the first
5 Tuesday after the first Monday in January of the year
6 following the next general election occurring at least one
7 year after the date of appointment, one of not fewer than
8 three persons nor more than six persons nominated by the
9 appropriate judicial nominating commission.
10 (b) The governor shall fill each vacancy on a circuit
11 court or on a county court, wherein the judges are elected by
12 a majority vote of the electors, by appointing for a term
13 ending on the first Tuesday after the first Monday in January
14 of the year following the next primary and general election
15 occurring at least one year after the date of appointment, one
16 of not fewer than three persons nor more than six persons
17 nominated by the appropriate judicial nominating commission.
18 An election shall be held to fill that judicial office for the
19 term of the office beginning at the end of the appointed term.
20 (c) The nominations shall be made within thirty days
21 from the occurrence of a vacancy unless the period is extended
22 by the governor for a time not to exceed thirty days. The
23 governor shall make the appointment within sixty days after
24 the nominations have been certified to the governor.
25 (d) There shall be a separate judicial nominating
26 commission as provided by general law for the supreme court,
27 each district court of appeal, and each judicial circuit for
28 all trial courts within the circuit. Uniform rules of
29 procedure shall be established by the judicial nominating
30 commissions at each level of the court system. Such rules, or
31 any part thereof, may be repealed by general law enacted by a
52
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 majority vote of the membership of each house of the
2 legislature, or by the supreme court, five justices
3 concurring. Except for deliberations of the judicial
4 nominating commissions, the proceedings of the commissions and
5 their records shall be open to the public.
6 SECTION 12. Discipline; removal and retirement.--
7 (a) JUDICIAL QUALIFICATIONS COMMISSION.--A judicial
8 qualifications commission is created.
9 (1) There shall be a judicial qualifications
10 commission vested with jurisdiction to investigate and
11 recommend to the Supreme Court of Florida the removal from
12 office of any justice or judge whose conduct, during term of
13 office or otherwise occurring, on or after November 1, 1966,
14 (without regard to the effective date of this section)
15 demonstrates a present unfitness to hold office, and to
16 investigate and recommend the discipline of a justice or judge
17 whose conduct, during term of office or otherwise occurring on
18 or after November 1, 1966 (without regard to the effective
19 date of this section), warrants such discipline. For purposes
20 of this section, the term "discipline" is defined as any or
21 all of the following: reprimand, fine, suspension with or
22 without pay, or lawyer discipline. The commission shall have
23 jurisdiction over justices and judges regarding allegations
24 that misconduct occurred before or during service as a justice
25 or judge if a complaint is made no later than one year
26 following service as a justice or judge. The commission shall
27 have jurisdiction regarding allegations of incapacity during
28 service as a justice or judge. The commission shall be
29 composed of:
30 a. Two judges of district courts of appeal selected by
31 the judges of those courts, two circuit judges selected by the
53
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 judges of the circuit courts and, two judges of county courts
2 selected by the judges of those courts;
3 b. Four electors who reside in the state, who are
4 members of the bar of Florida, and who shall be chosen by the
5 governing body of the bar of Florida; and
6 c. Five electors who reside in the state, who have
7 never held judicial office or been members of the bar of
8 Florida, and who shall be appointed by the governor.
9 (2) The members of the judicial qualifications
10 commission shall serve staggered terms, not to exceed six
11 years, as prescribed by general law. No member of the
12 commission except a judge shall be eligible for state judicial
13 office while acting as a member of the commission and for a
14 period of two years thereafter. No member of the commission
15 shall hold office in a political party or participate in any
16 campaign for judicial office or hold public office; provided
17 that a judge may campaign for judicial office and hold that
18 office. The commission shall elect one of its members as its
19 chair chairperson.
20 (3) Members of the judicial qualifications commission
21 who are not subject to impeachment shall be subject to removal
22 from the commission pursuant to the provisions of Article IV,
23 section 7, Florida Constitution.
24 (4) The commission shall adopt rules regulating its
25 proceedings, the filling of vacancies by the appointing
26 authorities, the disqualification of members, the rotation of
27 members between the panels, and the temporary replacement of
28 disqualified or incapacitated members. The commission's rules,
29 or any part thereof, may be repealed by general law enacted by
30 a majority vote of the membership of each house of the
31 legislature, or by the supreme court, five justices
54
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 concurring. The commission shall have power to issue
2 subpoenas. Until formal charges against a justice or judge are
3 filed by the investigative panel with the clerk of the supreme
4 court of Florida all proceedings by or before the commission
5 shall be confidential; provided, however, upon a finding of
6 probable cause and the filing by the investigative panel with
7 said clerk of such formal charges against a justice or judge
8 such charges and all further proceedings before the commission
9 shall be public.
10 (5) The commission shall have access to all
11 information from all executive, legislative, and judicial
12 agencies, including grand juries, subject to the rules of the
13 commission. At any time, on request of the speaker of the
14 house of representatives or the governor, the commission shall
15 make available all information in the possession of the
16 commission for use in consideration of impeachment or
17 suspension, respectively.
18 (b) PANELS.--The commission shall be divided into an
19 investigative panel and a hearing panel as established by rule
20 of the commission. The investigative panel is vested with the
21 jurisdiction to receive or initiate complaints, conduct
22 investigations, dismiss complaints, and upon a vote of a
23 simple majority of the panel submit formal charges to the
24 hearing panel. The hearing panel is vested with the authority
25 to receive and hear formal charges from the investigative
26 panel and upon a two-thirds vote of the panel recommend to the
27 supreme court the removal of a justice or judge or the
28 involuntary retirement of a justice or judge for any permanent
29 disability that seriously interferes with the performance of
30 judicial duties. Upon a simple majority vote of the membership
31 of the hearing panel, the panel may recommend to the supreme
55
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 court that the justice or judge be subject to appropriate
2 discipline.
3 (c) SUPREME COURT.--The supreme court shall receive
4 recommendations from the judicial qualifications commission's
5 hearing panel.
6 (1) The supreme court may accept, reject, or modify in
7 whole or in part the findings, conclusions, and
8 recommendations of the commission and it may order that the
9 justice or judge be subjected to appropriate discipline, or be
10 removed from office with termination of compensation for
11 willful or persistent failure to perform judicial duties or
12 for other conduct unbecoming a member of the judiciary
13 demonstrating a present unfitness to hold office, or be
14 involuntarily retired for any permanent disability that
15 seriously interferes with the performance of judicial duties.
16 Mala fides Malafides, scienter, or moral turpitude on the part
17 of a justice or judge shall not be required for removal from
18 office of a justice or judge whose conduct demonstrates a
19 present unfitness to hold office. After the filing of a formal
20 proceeding and upon request of the investigative panel, the
21 supreme court may suspend the justice or judge from office,
22 with or without compensation, pending final determination of
23 the inquiry.
24 (2) The supreme court may award costs to the
25 prevailing party.
26 (d) The power of removal conferred by this section
27 shall be both alternative and cumulative to the power of
28 impeachment.
29 (e) Notwithstanding any of the foregoing provisions of
30 this section, if the person who is the subject of proceedings
31 by the judicial qualifications commission is a justice of the
56
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 supreme court of Florida, all justices of such court
2 automatically shall be disqualified to sit as justices of such
3 court with respect to all proceedings therein concerning such
4 person and the supreme court for such purposes shall be
5 composed of a panel consisting of the seven chief judges of
6 the judicial circuits of this the state of Florida most senior
7 in tenure of judicial office as circuit judge. For purposes of
8 determining seniority of such circuit judges in the event
9 there be judges of equal tenure in judicial office as circuit
10 judge, the judge or judges from the lower numbered circuit or
11 circuits shall be deemed senior. In the event any such chief
12 circuit judge is under investigation by the judicial
13 qualifications commission or is otherwise disqualified or
14 unable to serve on the panel, the next most senior chief
15 circuit judge or judges shall serve in place of such
16 disqualified or disabled chief circuit judge.
17 (f) SCHEDULE TO SECTION 12.--
18 (1) Except to the extent inconsistent with the
19 provisions of this section, all provisions of law and rules of
20 court in force on the effective date of this article shall
21 continue in effect until superseded in the manner authorized
22 by this the constitution.
23 (2) After this section becomes effective and until
24 adopted by rule of the commission consistent with it:
25 a. The commission shall be divided, as determined by
26 the chairperson, into one investigative panel and one hearing
27 panel to meet the responsibilities set forth in this section.
28 b. The investigative panel shall be composed of:
29 1. Four judges,
30 2. Two members of the bar of Florida, and
31 3. Three non-lawyers.
57
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 c. The hearing panel shall be composed of:
2 1. Two judges,
3 2. Two members of the bar of Florida, and
4 3. Two non-lawyers.
5 d. Membership on the panels may rotate in a manner
6 determined by the rules of the commission provided that no
7 member shall vote as a member of the investigative and hearing
8 panel on the same proceeding.
9 e. The commission shall hire separate staff for each
10 panel.
11 f. The members of the commission shall serve for
12 staggered terms of six years.
13 g. The terms of office of the present members of the
14 judicial qualifications commission shall expire upon the
15 effective date of the amendments to this section approved by
16 the legislature during the regular session of the legislature
17 in 1996 and new members shall be appointed to serve the
18 following staggered terms:
19 1. Group I.--The terms of five members, composed of
20 two electors as set forth in s. 12(a)(1)c. of Article V, one
21 member of the bar of Florida as set forth in s. 12(a)(1)b. of
22 Article V, one judge from the district courts of appeal and
23 one circuit judge as set forth in s. 12(a)(1)a. of Article V,
24 shall expire on December 31, 1998.
25 2. Group II.--The terms of five members, composed of
26 one elector as set forth in s. 12(a)(1)c. of Article V, two
27 members of the bar of Florida as set forth in s. 12(a)(1)b. of
28 Article V, one circuit judge and one county judge as set forth
29 in s. 12(a)(1)a. of Article V shall expire on December 31,
30 2000.
31
58
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 3. Group III.--The terms of five members, composed of
2 two electors as set forth in s. 12(a)(1)c. of Article V, one
3 member of the bar of Florida as set forth in s. 12(a)(1)b.,
4 one judge from the district courts of appeal and one county
5 judge as set forth in s. 12(a)(1)a. of Article V, shall expire
6 on December 31, 2002.
7 h. An appointment to fill a vacancy of the commission
8 shall be for the remainder of the term.
9 i. Selection of members by district courts of appeal
10 judges, circuit judges, and county court judges, shall be by
11 no less than a majority of the members voting at the
12 respective courts' conferences. Selection of members by the
13 board of governors of the bar of Florida shall be by no less
14 than a majority of the board.
15 j. The commission shall be entitled to recover the
16 costs of investigation and prosecution, in addition to any
17 penalty levied by the supreme court.
18 k. The compensation of members and referees shall be
19 the travel expenses or transportation and per diem allowance
20 as provided by general law.
21 SECTION 13. Prohibited activities.--All justices and
22 judges shall devote full time to their judicial duties. They
23 shall not engage in the practice of law or hold office in any
24 political party.
25 SECTION 14. Funding.--
26 (a) All justices and judges shall be compensated only
27 by state salaries fixed by general law. Funding for the state
28 courts system, state attorneys' offices, public defenders'
29 offices, and court-appointed counsel, except as otherwise
30 provided in subsection (c), shall be provided from state
31 revenues appropriated by general law.
59
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (b) All funding for the offices of the clerks of the
2 circuit and county courts performing court-related functions,
3 except as otherwise provided in this subsection and subsection
4 (c), shall be provided by adequate and appropriate filing fees
5 for judicial proceedings and service charges and costs for
6 performing court-related functions as required by general law.
7 Selected salaries, costs, and expenses of the state courts
8 system may be funded from appropriate filing fees for judicial
9 proceedings and service charges and costs for performing
10 court-related functions, as provided by general law. Where the
11 requirements of either the United States Constitution or this
12 the constitution of the State of Florida preclude the
13 imposition of filing fees for judicial proceedings and service
14 charges and costs for performing court-related functions
15 sufficient to fund the court-related functions of the offices
16 of the clerks of the circuit and county courts, the state
17 shall provide, as determined by the legislature, adequate and
18 appropriate supplemental funding from state revenues
19 appropriated by general law.
20 (c) No county or municipality, except as provided in
21 this subsection, shall be required to provide any funding for
22 the state courts system, state attorneys' offices, public
23 defenders' offices, court-appointed counsel, or the offices of
24 the clerks of the circuit and county courts performing
25 court-related functions. Counties shall be required to fund
26 the cost of communications services, existing radio systems,
27 existing multi-agency criminal justice information systems,
28 and the cost of construction or lease, maintenance, utilities,
29 and security of facilities for the trial courts, public
30 defenders' offices, state attorneys' offices, and the offices
31 of the clerks of the circuit and county courts performing
60
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 court-related functions. Counties shall also pay reasonable
2 and necessary salaries, costs, and expenses of the state
3 courts system to meet local requirements as determined by
4 general law.
5 (d) The judiciary shall have no power to fix
6 appropriations.
7 SECTION 15. Attorneys; admission and discipline.--The
8 supreme court shall have exclusive jurisdiction to regulate
9 the admission of persons to the practice of law and the
10 discipline of persons admitted.
11 SECTION 16. Clerks of the circuit courts.--There shall
12 be in each county a clerk of the circuit court who shall be
13 selected pursuant to the provisions of Article VIII, section
14 1. Notwithstanding any other provision of this the
15 constitution, the duties of the clerk of the circuit court may
16 be divided by special or general law between two officers, one
17 serving as clerk of court and one serving as ex officio clerk
18 of the board of county commissioners, auditor, recorder, and
19 custodian of all county funds. There may be a clerk of the
20 county court if authorized by general or special law.
21 SECTION 17. State attorneys.--In each judicial
22 circuit, a state attorney shall be elected for a term of four
23 years. Except as otherwise provided in this constitution, the
24 state attorney shall be the prosecuting officer of all trial
25 courts in that circuit and shall perform other duties
26 prescribed by general law; provided, however, when authorized
27 by general law, the violations of all municipal ordinances may
28 be prosecuted by municipal prosecutors. A state attorney shall
29 be an elector of the state and reside in the territorial
30 jurisdiction of the circuit,; shall be and have been a member
31 of the bar of Florida for the preceding five years,; shall
61
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 devote full time to the duties of the office,; and shall not
2 engage in the private practice of law. State attorneys shall
3 appoint such assistant state attorneys as may be authorized by
4 law.
5 SECTION 18. Public defenders.--In each judicial
6 circuit, a public defender shall be elected for a term of four
7 years, who shall perform duties prescribed by general law. A
8 public defender shall be an elector of the state and reside in
9 the territorial jurisdiction of the circuit and shall be and
10 have been a member of the bar of Florida for the preceding
11 five years. Public defenders shall appoint such assistant
12 public defenders as may be authorized by law.
13 SECTION 19. Judicial officers as conservators of the
14 peace.--All judicial officers in this state shall be
15 conservators of the peace.
16 SECTION 20. Schedule to Article V.--
17 (a) This article shall replace all of Article V of the
18 constitution of 1885, as amended, which shall then stand
19 repealed.
20 (b) Except to the extent inconsistent with the
21 provisions of this article, all provisions of law and rules of
22 court in force on the effective date of this article shall
23 continue in effect until superseded in the manner authorized
24 by this the constitution.
25 (c) After this article becomes effective, and until
26 changed by general law consistent with sections 1 through 19
27 of this article:
28 (1) The supreme court shall have the jurisdiction
29 immediately theretofore exercised by it, and it shall
30 determine all proceedings pending before it on the effective
31 date of this article.
62
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (2) The appellate districts shall be those in
2 existence on the date of adoption of this article. There shall
3 be a district court of appeal in each district. The district
4 courts of appeal shall have the jurisdiction immediately
5 theretofore exercised by the district courts of appeal and
6 shall determine all proceedings pending before them on the
7 effective date of this article.
8 (3) Circuit courts shall have jurisdiction of appeals
9 from county courts and municipal courts, except those appeals
10 which may be taken directly to the supreme court; and they
11 shall have exclusive original jurisdiction in all actions at
12 law not cognizable by the county courts; of proceedings
13 relating to the settlement of the estate of decedents and
14 minors, the granting of letters testamentary, guardianship,
15 involuntary hospitalization, the determination of
16 incompetency, and other jurisdiction usually pertaining to
17 courts of probate; in all cases in equity including all cases
18 relating to juveniles; of all felonies and of all misdemeanors
19 arising out of the same circumstances as a felony which is
20 also charged; in all cases involving legality of any tax
21 assessment or toll; in the action of ejectment; and in all
22 actions involving the titles or boundaries or right of
23 possession of real property. The circuit court may issue
24 injunctions. There shall be judicial circuits which shall be
25 the judicial circuits in existence on the date of adoption of
26 this article. The chief judge of a circuit may authorize a
27 county court judge to order emergency hospitalizations
28 pursuant to Chapter 71-131, Laws of Florida, in the absence
29 from the county of the circuit judge and the county court
30 judge shall have the power to issue all temporary orders and
31
63
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 temporary injunctions necessary or proper to the complete
2 exercise of such jurisdiction.
3 (4) County courts shall have original jurisdiction in
4 all criminal misdemeanor cases not cognizable by the circuit
5 courts, of all violations of municipal and county ordinances,
6 and of all actions at law in which the matter in controversy
7 does not exceed the sum of two thousand five hundred dollars
8 ($2,500.00) exclusive of interest and costs, except those
9 within the exclusive jurisdiction of the circuit courts.
10 Judges of county courts shall be committing magistrates. The
11 county courts shall have jurisdiction now exercised by the
12 county judge's courts other than that vested in the circuit
13 court by paragraph subsection (c)(3) hereof, the jurisdiction
14 now exercised by the county courts, the claims court, the
15 small claims courts, the small claims magistrates courts,
16 magistrates courts, justice of the peace courts, municipal
17 courts and courts of chartered counties, including but not
18 limited to the counties referred to in Article VIII, sections
19 9, 10, 11 and 24 of the constitution of 1885.
20 (5) Each judicial nominating commission shall be
21 composed of the following:
22 a. Three members appointed by the Board of Governors
23 of The Florida Bar from among The Florida Bar members who are
24 actively engaged in the practice of law with offices within
25 the territorial jurisdiction of the affected court, district
26 or circuit;
27 b. Three electors who reside in the territorial
28 jurisdiction of the court or circuit appointed by the
29 governor; and
30 c. Three electors who reside in the territorial
31 jurisdiction of the court or circuit and who are not members
64
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 of the bar of Florida, selected and appointed by a majority
2 vote of the other six members of the commission.
3 (6) No justice or judge shall be a member of a
4 judicial nominating commission. A member of a judicial
5 nominating commission may hold public office other than
6 judicial office. No member shall be eligible for appointment
7 to state judicial office so long as that person is a member of
8 a judicial nominating commission and for a period of two years
9 thereafter. All acts of a judicial nominating commission shall
10 be made with a concurrence of a majority of its members.
11 (7) The members of a judicial nominating commission
12 shall serve for a term of four years. except the terms of the
13 initial members of the judicial nominating commissions shall
14 expire as follows:
15 a. The terms of one member of category a. b. and c. in
16 subsection (c)(5) hereof shall expire on July 1, 1974;
17 b. The terms of one member of category a. b. and c. in
18 subsection (c)(5) hereof shall expire on July 1, 1975;
19 c. The terms of one member of category a. b. and c. in
20 subsection (c)(5) hereof shall expire on July 1, 1976;
21 (8) All fines and forfeitures arising from offenses
22 tried in the county court shall be collected, and accounted
23 for by clerk of the court, and deposited in a special trust
24 account. All fines and forfeitures received from violations of
25 ordinances or misdemeanors committed within a county or
26 municipal ordinances committed within a municipality within
27 the territorial jurisdiction of the county court shall be paid
28 monthly to the county or municipality respectively. If any
29 costs are assessed and collected in connection with offenses
30 tried in county court, all court costs shall be paid into the
31
65
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 general revenue fund of the state of Florida and such other
2 funds as prescribed by general law.
3 (9) Any municipality or county may apply to the chief
4 judge of the circuit in which that municipality or county is
5 situated for the county court to sit in a location suitable to
6 the municipality or county and convenient in time and place to
7 its citizens and police officers and upon such application
8 said chief judge shall direct the court to sit in the location
9 unless the chief judge shall determine the request is not
10 justified. If the chief judge does not authorize the county
11 court to sit in the location requested, the county or
12 municipality may apply to the supreme court for an order
13 directing the county court to sit in the location. Any
14 municipality or county which so applies shall be required to
15 provide the appropriate physical facilities in which the
16 county court may hold court.
17 (10) All courts except the supreme court may sit in
18 divisions as may be established by local rule approved by the
19 supreme court.
20 (11) A county court judge in any county having a
21 population of 40,000 or fewer less according to the last
22 decennial census, shall not be required to be a member of the
23 bar of Florida.
24 (12) Municipal prosecutors may prosecute violations of
25 municipal ordinances.
26 (13) "Justice" shall mean a justice elected or
27 appointed to the supreme court and shall not include any judge
28 assigned from any court.
29 (d) When this article becomes effective:
30 (1) All courts not herein authorized, except as
31 provided by paragraph subsection (d)(4), of this section shall
66
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 cease to exist and jurisdiction to conclude all pending cases
2 and enforce all prior orders and judgments shall vest in the
3 court that would have jurisdiction of the cause if thereafter
4 instituted. All records of and property held by courts
5 abolished hereby shall be transferred to the proper office of
6 the appropriate court under this article.
7 (2) Judges of the following courts, if their terms do
8 not expire in 1973 and if they are eligible under paragraph
9 subsection (d)(8) hereof, shall become additional judges of
10 the circuit court for each of the counties of their respective
11 circuits, and shall serve as such circuit judges for the
12 remainder of the terms to which they were elected and shall be
13 eligible for election as circuit judges thereafter. These
14 courts are: civil court of record of Dade county, all criminal
15 courts of record, the felony courts of record of Alachua,
16 Leon, and Volusia Counties, the courts of record of Broward,
17 Brevard, Escambia, Hillsborough, Lee, Manatee, and Sarasota
18 Counties, the civil and criminal court of record of Pinellas
19 County, and county judge's courts and separate juvenile courts
20 in counties having a population in excess of 100,000 according
21 to the 1970 federal census. On the effective date of this
22 article, there shall be an additional number of positions of
23 circuit judges equal to the number of existing circuit judges
24 and the number of judges of the above named courts whose term
25 expires in 1973. Elections to such offices shall take place at
26 the same time and manner as elections to other state judicial
27 offices in 1972 and the terms of such offices shall be for a
28 term of six years. Unless changed pursuant to section nine of
29 this article, the number of circuit judges presently existing
30 and created by this subsection shall not be changed.
31
67
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (3) In all counties having a population of fewer less
2 than 100,000 according to the 1970 federal census and having
3 more than one county judge on the date of the adoption of this
4 article, there shall be the same number of judges of the
5 county court as there are county judges existing on that date
6 unless changed pursuant to section 9 of this article.
7 (4) Municipal courts shall continue with their same
8 jurisdiction until amended or terminated in a manner
9 prescribed by special or general law or ordinances, or until
10 January 3, 1977, whichever occurs first. On that date all
11 municipal courts not previously abolished shall cease to
12 exist. Judges of municipal courts shall remain in office and
13 be subject to reappointment or reelection in the manner
14 prescribed by law until said courts are terminated pursuant to
15 the provisions of this subsection. Upon municipal courts being
16 terminated or abolished in accordance with the provisions of
17 this subsection, the judges thereof who are not members of the
18 bar of Florida, shall be eligible to seek election as judges
19 of county courts of their respective counties.
20 (5) Judges, holding elective office in all other
21 courts abolished by this article, whose terms do not expire in
22 1973 including judges established pursuant to Article VIII,
23 sections 9 and 11 of the constitution of 1885 shall serve as
24 judges of the county court for the remainder of the term to
25 which they were elected. Unless created pursuant to section 9,
26 of this Article V such judicial office shall not continue to
27 exist thereafter.
28 (6) By March 21, 1972, the supreme court shall certify
29 the need for additional circuit and county judges. The
30 legislature in the 1972 regular session may by general law
31 create additional offices of judge, the terms of which shall
68
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 begin on the effective date of this article. Elections to such
2 offices shall take place at the same time and manner as
3 election to other state judicial offices in 1972.
4 (6)(7) County judges of existing county judge's courts
5 and justices of the peace and magistrates' court who are not
6 members of bar of Florida shall be eligible to seek election
7 as county court judges of their respective counties.
8 (7)(8) No judge of a court abolished by this article
9 shall become or be eligible to become a judge of the circuit
10 court unless the judge has been a member of bar of Florida for
11 the preceding five years.
12 (8)(9) The office of judges of all other courts
13 abolished by this article shall be abolished as of the
14 effective date of this article.
15 (10) The offices of county solicitor and prosecuting
16 attorney shall stand abolished, and all county solicitors and
17 prosecuting attorneys holding such offices upon the effective
18 date of this article shall become and serve as assistant state
19 attorneys for the circuits in which their counties are situate
20 for the remainder of their terms, with compensation not less
21 than that received immediately before the effective date of
22 this article.
23 (e) LIMITED OPERATION OF SOME PROVISIONS.--
24 (1) All justices of the supreme court, judges of the
25 district courts of appeal and circuit judges in office upon
26 the effective date of this article shall retain their offices
27 for the remainder of their respective terms. All members of
28 the judicial qualifications commission in office upon the
29 effective date of this article shall retain their offices for
30 the remainder of their respective terms. Each state attorney
31
69
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 in office on the effective date of this article shall retain
2 the office for the remainder of the term.
3 (2) No justice or judge holding office immediately
4 after this article becomes effective who held judicial office
5 on July 1, 1957, shall be subject to retirement from judicial
6 office because of age pursuant to section 8 of this article.
7 (f) Until otherwise provided by law, the nonjudicial
8 duties required of county judges shall be performed by the
9 judges of the county court.
10 (g) All provisions of Article V of the Constitution of
11 1885, as amended, not embraced herein which are not
12 inconsistent with this revision shall become statutes subject
13 to modification or repeal as are other statutes.
14 (h) The requirements of section 14 relative to all
15 county court judges or any judge of a municipal court who
16 continues to hold office pursuant to subsection (d)(4) hereof
17 being compensated by state salaries shall not apply prior to
18 January 3, 1977, unless otherwise provided by general law.
19 (g)(i) DELETION OF OBSOLETE SCHEDULE ITEMS.--The
20 legislature shall have power, by concurrent resolution, to
21 delete from this article any subsection of this section 20
22 including this subsection, when all events to which the
23 subsection to be deleted is or could become applicable have
24 occurred. A legislative determination of fact made as a basis
25 for application of this subsection shall be subject to
26 judicial review.
27 (j) EFFECTIVE DATE.--Unless otherwise provided herein,
28 this article shall become effective at 11:59 o'clock P.M.,
29 Eastern Standard Time, January 1, 1973.
30
31 ARTICLE VI
70
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SUFFRAGE AND ELECTIONS
2
3 SECTION 1. Regulation of elections.--All elections by
4 the people shall be by direct and secret vote. General
5 elections shall be determined by a plurality of votes cast.
6 Registration and elections shall, and political party
7 functions may, be regulated by law; however, the requirements
8 for a candidate with no party affiliation or for a candidate
9 of a minor party for placement of the candidate's name on the
10 ballot shall be no greater than the requirements for a
11 candidate of the party having the largest number of registered
12 voters.
13 SECTION 2. Electors.--Every citizen of the United
14 States who is at least eighteen years of age and who is a
15 permanent resident of the state, if registered as provided by
16 law, shall be an elector of the county where registered.
17 SECTION 3. Oath.--Each eligible citizen upon
18 registering shall subscribe the following: "I do solemnly
19 swear (or affirm) that I will protect and defend the
20 Constitution of the United States and the Constitution of the
21 State of Florida, and that I am qualified to register as an
22 elector under the Constitution and laws of the State of
23 Florida."
24 SECTION 4. Disqualifications.--
25 (a) No person convicted of a felony, or adjudicated in
26 this or any other state to be mentally incompetent, shall be
27 qualified to vote or hold office until restoration of civil
28 rights or removal of disability.
29 (b) No person may appear on the ballot for re-election
30 to any of the following offices:
31 (1) Florida representative,
71
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (2) Florida senator,
2 (3) Florida Lieutenant governor, or
3 (4) Any office of the Florida cabinet,
4 (5) U.S. Representative from Florida, or
5 (6) U.S. Senator from Florida
6
7 if, by the end of the current term of office, the person will
8 have served (or, but for resignation, would have served) in
9 that office for eight consecutive years.
10 SECTION 5. Primary, general, and special elections.--
11 (a) A general election shall be held in each county on
12 the first Tuesday after the first Monday in November of each
13 even-numbered year to choose a successor to each elective
14 state and county officer whose term will expire before the
15 next general election and, except as provided herein, to fill
16 each vacancy in elective office for the unexpired portion of
17 the term. A general election may be suspended or delayed due
18 to a state of emergency or impending emergency pursuant to
19 general law. Special elections and referenda shall be held as
20 provided by law.
21 (b) If all candidates for an office have the same
22 party affiliation and the winner will have no opposition in
23 the general election, all qualified electors, regardless of
24 party affiliation, may vote in the primary elections for that
25 office.
26 SECTION 6. Municipal and district
27 elections.--Registration and elections in municipalities
28 shall, and in other governmental entities created by statute
29 may, be provided by law.
30 SECTION 7. Campaign spending limits and funding of
31 campaigns for elective statewide state-wide office.--It is the
72
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 policy of this state to provide for state-wide elections in
2 which all qualified candidates may compete effectively. A
3 method of public financing for campaigns for state-wide office
4 shall be established by law. Spending limits shall be
5 established for such campaigns for candidates who use public
6 funds in their campaigns. The legislature shall provide
7 funding for this provision. General law implementing this
8 paragraph shall be at least as protective of effective
9 competition by a candidate who uses public funds as the
10 general law in effect on January 1, 1998.
11
12 ARTICLE VII
13 FINANCE AND TAXATION
14
15 SECTION 1. Taxation; appropriations; state expenses;
16 state revenue limitation.--
17 (a) No tax shall be levied except in pursuance of law.
18 No state ad valorem taxes shall be levied upon real estate or
19 tangible personal property. All other forms of taxation shall
20 be preempted to the state except as provided by general law.
21 (b) Motor vehicles, boats, airplanes, trailers,
22 trailer coaches, and mobile homes, as defined by law, shall be
23 subject to a license tax for their operation in the amounts
24 and for the purposes prescribed by law, but shall not be
25 subject to ad valorem taxes.
26 (c) No money shall be drawn from the treasury except
27 in pursuance of appropriation made by law.
28 (d) Provision shall be made by law for raising
29 sufficient revenue to defray the expenses of the state for
30 each fiscal period.
31
73
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (e) Except as provided herein, state revenues
2 collected for any fiscal year shall be limited to state
3 revenues allowed under this subsection for the prior fiscal
4 year plus an adjustment for growth. As used in this
5 subsection, "growth" means an amount equal to the average
6 annual rate of growth in Florida personal income over the most
7 recent twenty quarters times the state revenues allowed under
8 this subsection for the prior fiscal year. For the 1995-1996
9 fiscal year, the state revenues allowed under this subsection
10 for the prior fiscal year shall equal the state revenues
11 collected for the 1994-1995 fiscal year. Florida personal
12 income shall be determined by the legislature, from
13 information available from the United States Department of
14 Commerce or its successor on the first day of February prior
15 to the beginning of the fiscal year. State revenues collected
16 for any fiscal year in excess of this limitation shall be
17 transferred to the budget stabilization fund until the fund
18 reaches the maximum balance specified in Article III, section
19 18(g) 19(g) of Article III, and thereafter shall be refunded
20 to taxpayers as provided by general law. State revenues
21 allowed under this subsection for any fiscal year may be
22 increased by a two-thirds vote of the membership of each house
23 of the legislature in a separate bill that contains no other
24 subject and that sets forth the dollar amount by which the
25 state revenues allowed will be increased. The vote may not be
26 taken less than seventy-two hours after the third reading of
27 the bill. For purposes of this subsection, "state revenues"
28 means taxes, fees, licenses, and charges for services imposed
29 by the legislature on individuals, businesses, or agencies
30 outside state government. However, "state revenues" does not
31 include: revenues that are necessary to meet the requirements
74
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 set forth in documents authorizing the issuance of bonds by
2 the state; revenues that are used to provide matching funds
3 for the federal Medicaid program with the exception of the
4 revenues used to support the Public Medical Assistance Trust
5 Fund or its successor program and with the exception of state
6 matching funds used to fund elective expansions made after
7 July 1, 1994; proceeds from the state lottery returned as
8 prizes; receipts of the Florida Hurricane Catastrophe Fund;
9 balances carried forward from prior fiscal years; taxes,
10 licenses, fees, and charges for services imposed by local,
11 regional, or school district governing bodies; or revenue from
12 taxes, licenses, fees, and charges for services required to be
13 imposed by any amendment or revision to this constitution
14 after July 1, 1994. An adjustment to the revenue limitation
15 shall be made by general law to reflect the fiscal impact of
16 transfers of responsibility for the funding of governmental
17 functions between the state and other levels of government.
18 The legislature shall, by general law, prescribe procedures
19 necessary to administer this subsection.
20 SECTION 2. Taxes; rate.--All ad valorem taxation shall
21 be at a uniform rate within each taxing unit, except the taxes
22 on intangible personal property may be at different rates but
23 shall never exceed two mills on the dollar of assessed value;
24 provided, as to any obligations secured by mortgage, deed of
25 trust, or other lien on real estate wherever located, an
26 intangible tax of not more than two mills on the dollar may be
27 levied by law to be in lieu of all other intangible
28 assessments on such obligations.
29 SECTION 3. Taxes; exemptions.--
30 (a) All property owned by a municipality and used
31 exclusively by it for municipal or public purposes shall be
75
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 exempt from taxation. A municipality, owning property outside
2 the municipality, may be required by general law to make
3 payment to the taxing unit in which the property is located.
4 Such portions of property as are used predominantly for
5 educational, literary, scientific, religious, or charitable
6 purposes may be exempted by general law from taxation.
7 (b) There shall be exempt from taxation, cumulatively,
8 to every head of a family residing in this state, household
9 goods and personal effects to the value fixed by general law,
10 not less than one thousand dollars, and to every widow or
11 widower or person who is blind or totally and permanently
12 disabled, property to the value fixed by general law not less
13 than five hundred dollars.
14 (c) Any county or municipality may, for the purpose of
15 its respective tax levy and subject to the provisions of this
16 subsection and general law, grant community and economic
17 development ad valorem tax exemptions to new businesses and
18 expansions of existing businesses, as defined by general law.
19 Such an exemption may be granted only by ordinance of the
20 county or municipality, and only after the electors of the
21 county or municipality voting on such question in a referendum
22 authorize the county or municipality to adopt such ordinances.
23 An exemption so granted shall apply to improvements to real
24 property made by or for the use of a new business and
25 improvements to real property related to the expansion of an
26 existing business and shall also apply to tangible personal
27 property of such new business and tangible personal property
28 related to the expansion of an existing business. The amount
29 or limits of the amount of such exemption shall be specified
30 by general law. The period of time for which such exemption
31 may be granted to a new business or expansion of an existing
76
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 business shall be determined by general law. The authority to
2 grant such exemption shall expire ten years from the date of
3 approval by the electors of the county or municipality, and
4 may be renewable by referendum as provided by general law.
5 (d) By general law and subject to conditions specified
6 therein, there may be granted an ad valorem tax exemption to a
7 renewable energy source device and to real property on which
8 such device is installed and operated, to the value fixed by
9 general law not to exceed the original cost of the device, and
10 for the period of time fixed by general law not to exceed ten
11 years.
12 (e) Any county or municipality may, for the purpose of
13 its respective tax levy and subject to the provisions of this
14 subsection and general law, grant historic preservation ad
15 valorem tax exemptions to owners of historic properties. This
16 exemption may be granted only by ordinance of the county or
17 municipality. The amount or limits of the amount of this
18 exemption and the requirements for eligible properties must be
19 specified by general law. The period of time for which this
20 exemption may be granted to a property owner shall be
21 determined by general law.
22 SECTION 4. Taxation; assessments.--By General law
23 regulations shall prescribe regulations that be prescribed
24 which shall secure a just valuation of all property for ad
25 valorem taxation, provided:
26 (a) Agricultural land, land producing high water
27 recharge to Florida's aquifers, or land used exclusively for
28 noncommercial recreational purposes may be classified by
29 general law and assessed solely on the basis of character or
30 use.
31
77
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (b) Pursuant to general law, tangible personal
2 property held for sale as stock in trade and livestock may be
3 valued for taxation at a specified percentage of its value,
4 may be classified for tax purposes, or may be exempted from
5 taxation.
6 (c) All persons entitled to a homestead exemption
7 under section 6 of this Article shall have their homestead
8 assessed at just value as of January 1, 1994 of the year
9 following the effective date of this amendment. This
10 assessment shall change only as provided herein.
11 (1) Assessments subject to this provision shall be
12 changed annually on January 1st of each year; but those
13 changes in assessments shall not exceed the lower of the
14 following:
15 a. Three percent (3%) of the assessment for the prior
16 year.
17 b. The percent change in the Consumer Price Index for
18 all urban consumers, U.S. City Average, all items 1967=100, or
19 successor reports for the preceding calendar year as initially
20 reported by the United States Department of Labor, Bureau of
21 Labor Statistics.
22 (2) No assessment shall exceed just value.
23 (3) After any change of ownership, as provided by
24 general law, homestead property shall be assessed at just
25 value as of January 1 of the following year. Thereafter, the
26 homestead shall be assessed as provided herein.
27 (4) New homestead property shall be assessed at just
28 value as of January 1st of the year following the
29 establishment of the homestead. That assessment shall only
30 change as provided herein.
31
78
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (5) Changes, additions, reductions, or improvements to
2 homestead property shall be assessed as provided for by
3 general law; provided, however, after the adjustment for any
4 change, addition, reduction, or improvement, the property
5 shall be assessed as provided herein.
6 (6) In the event of a termination of homestead status,
7 the property shall be assessed as provided by general law.
8 (7) The provisions of this amendment are severable. If
9 any of the provisions of this amendment shall be held
10 unconstitutional by any court of competent jurisdiction, the
11 decision of such court shall not affect or impair any
12 remaining provisions of this amendment.
13 (d) The legislature may, by general law, for
14 assessment purposes and subject to the provisions of this
15 subsection, allow counties and municipalities to authorize by
16 ordinance that historic property may be assessed solely on the
17 basis of character or use. Such character or use assessment
18 shall apply only to the jurisdiction adopting the ordinance.
19 The requirements for eligible properties must be specified by
20 general law.
21 (e) A county may, in the manner prescribed by general
22 law, provide for a reduction in the assessed value of
23 homestead property to the extent of any increase in the
24 assessed value of that property which results from the
25 construction or reconstruction of the property for the purpose
26 of providing living quarters for one or more natural or
27 adoptive grandparents or parents of the owner of the property
28 or of the owner's spouse if at least one of the grandparents
29 or parents for whom the living quarters are provided is 62
30 years of age or older. Such a reduction may not exceed the
31 lesser of the following:
79
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (1) The increase in assessed value resulting from
2 construction or reconstruction of the property.
3 (2) Twenty percent of the total assessed value of the
4 property as improved.
5 SECTION 5. Estate, inheritance, and income taxes.--
6 (a) NATURAL PERSONS.--No tax upon estates or
7 inheritances or upon the income of natural persons who are
8 residents or citizens of the state shall be levied by the
9 state, or under its authority, in excess of the aggregate of
10 amounts that which may be allowed to be credited upon or
11 deducted from any similar tax levied by the United States or
12 any state.
13 (b) OTHERS.--No tax upon the income of residents and
14 citizens other than natural persons shall be levied by the
15 state, or under its authority, in excess of five percent 5% of
16 net income, as defined by law, or at such greater rate as is
17 authorized by a three-fifths(3/5)vote of the membership of
18 each house of the legislature or as will provide for the state
19 the maximum amount which may be allowed to be credited against
20 income taxes levied by the United States and other states.
21 There shall be exempt from taxation not less than five
22 thousand dollars ($5,000) of the excess of net income subject
23 to tax over the maximum amount allowed to be credited against
24 income taxes levied by the United States and other states.
25 (c) EFFECTIVE DATE. This section shall become
26 effective immediately upon approval by the electors of
27 Florida.
28 SECTION 6. Homestead exemptions.--
29 (a) Every person who has the legal or equitable title
30 to real estate and maintains thereon the permanent residence
31 of the owner, or another legally or naturally dependent upon
80
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 the owner, shall be exempt from taxation thereon, except
2 assessments for special benefits, up to the assessed valuation
3 of five thousand dollars, upon establishment of right thereto
4 in the manner prescribed by law. The real estate may be held
5 by legal or equitable title, by the entireties, jointly, in
6 common, as a condominium, or indirectly by stock ownership or
7 membership representing the owner's or member's proprietary
8 interest in a corporation owning a fee or a leasehold
9 initially in excess of ninety-eight years.
10 (b) Not more than one exemption shall be allowed any
11 individual or family unit or with respect to any residential
12 unit. No exemption shall exceed the value of the real estate
13 assessable to the owner or, in case of ownership through stock
14 or membership in a corporation, the value of the proportion
15 which the interest in the corporation bears to the assessed
16 value of the property.
17 (c) By general law and subject to conditions specified
18 therein, the exemption shall be increased to a total of
19 twenty-five thousand dollars of the assessed value of the real
20 estate for each school district levy. By general law and
21 subject to conditions specified therein, the exemption for all
22 other levies may be increased up to an amount not exceeding
23 ten thousand dollars of the assessed value of the real estate
24 if the owner has attained age sixty-five or is totally and
25 permanently disabled and if the owner is not entitled to the
26 exemption provided in subsection (d).
27 (d) By general law and subject to conditions specified
28 therein, the exemption shall be increased to a total of the
29 following amounts of assessed value of real estate for each
30 levy other than those of school districts: fifteen thousand
31 dollars with respect to 1980 assessments; twenty thousand
81
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 dollars with respect to 1981 assessments; twenty-five thousand
2 dollars with respect to assessments for 1982 and each year
3 thereafter. However, such increase shall not apply with
4 respect to any assessment roll until such roll is first
5 determined to be in compliance with the provisions of section
6 4 by a state agency designated by general law. This subsection
7 shall stand repealed on the effective date of any amendment to
8 section 4 which provides for the assessment of homestead
9 property at a specified percentage of its just value.
10 (e) By general law and subject to conditions specified
11 therein, the legislature may provide to renters, who are
12 permanent residents, ad valorem tax relief on all ad valorem
13 tax levies. Such ad valorem tax relief shall be in the form
14 and amount established by general law.
15 (f) The legislature may, by general law, allow
16 counties or municipalities, for the purpose of their
17 respective tax levies and subject to the provisions of general
18 law, to grant an additional homestead tax exemption not
19 exceeding twenty-five thousand dollars to any person who has
20 the legal or equitable title to real estate and maintains
21 thereon the permanent residence of the owner and who has
22 attained age sixty-five and whose household income, as defined
23 by general law, does not exceed twenty thousand dollars. The
24 general law must allow counties and municipalities to grant
25 this additional exemption, within the limits prescribed in
26 this subsection, by ordinance adopted in the manner prescribed
27 by general law, and must provide for the periodic adjustment
28 of the income limitation prescribed in this subsection for
29 changes in the cost of living.
30 SECTION 7. Allocation of pari-mutuel taxes.--Taxes
31 upon the operation of pari-mutuel pools may be preempted to
82
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 the state or allocated in whole or in part to the counties.
2 When allocated to the counties, the distribution shall be in
3 equal amounts to the several counties.
4 SECTION 8. Aid to local governments.--State funds may
5 be appropriated to the several counties, school districts,
6 municipalities, or special districts upon such conditions as
7 may be provided by general law. These conditions may include
8 the use of relative ad valorem assessment levels determined by
9 a state agency designated by general law.
10 SECTION 9. Local taxes.--
11 (a) Counties, school districts, and municipalities
12 shall, and special districts may, be authorized by law to levy
13 ad valorem taxes and may be authorized by general law to levy
14 other taxes, for their respective purposes, except ad valorem
15 taxes on intangible personal property and taxes prohibited by
16 this constitution.
17 (b) Ad valorem taxes, exclusive of taxes levied for
18 the payment of bonds and taxes levied for periods not longer
19 than two years when authorized by vote of the electors who are
20 the owners of freeholds therein not wholly exempt from
21 taxation, shall not be levied in excess of the following
22 millages upon the assessed value of real estate and tangible
23 personal property: for all county purposes, ten mills; for all
24 municipal purposes, ten mills; for all school purposes, ten
25 mills; for water management purposes for the northwest portion
26 of the state lying west of the line between ranges two and
27 three east, 0.05 mill; for water management purposes for the
28 remaining portions of the state, 1.0 mill; and for all other
29 special districts a millage authorized by law approved by vote
30 of the electors who are owners of freeholds therein not wholly
31 exempt from taxation. A county furnishing municipal services
83
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 may, to the extent authorized by law, levy additional taxes
2 within the limits fixed for municipal purposes.
3 SECTION 10. Pledging credit.--Neither the state nor
4 any county, school district, municipality, special district,
5 or agency of any of them, shall become a joint owner with, or
6 stockholder of, or give, lend, or use its taxing power or
7 credit to aid any corporation, association, partnership, or
8 person; but this shall not prohibit laws authorizing:
9 (a) The investment of public trust funds;
10 (b) The investment of other public funds in
11 obligations of, or insured by, the United States or any of its
12 instrumentalities;
13 (c) The issuance and sale by any county, municipality,
14 special district, or other local governmental body of (1)
15 revenue bonds to finance or refinance the cost of capital
16 projects for airports or port facilities, or (2) revenue bonds
17 to finance or refinance the cost of capital projects for
18 industrial or manufacturing plants to the extent that the
19 interest thereon is exempt from income taxes under the then
20 existing laws of the United States, when, in either case, the
21 revenue bonds are payable solely from revenue derived from the
22 sale, operation, or leasing of the projects. If any project so
23 financed, or any part thereof, is occupied or operated by any
24 private corporation, association, partnership, or person
25 pursuant to contract or lease with the issuing body, the
26 property interest created by such contract or lease shall be
27 subject to taxation to the same extent as other privately
28 owned property.
29 (d) A municipality, county, special district, or
30 agency of any of them, being a joint owner of, giving, or
31 lending or using its taxing power or credit for the joint
84
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 ownership, construction, and operation of electrical energy
2 generating or transmission facilities with any corporation,
3 association, partnership, or person.
4 SECTION 11. State bonds; revenue bonds.--
5 (a) State bonds pledging the full faith and credit of
6 the state may be issued only to finance or refinance the cost
7 of state fixed capital outlay projects authorized by law, and
8 purposes incidental thereto, upon approval by a vote of the
9 electors; provided state bonds issued pursuant to this
10 subsection may be refunded without a vote of the electors at a
11 lower net average interest cost rate. The total outstanding
12 principal of state bonds issued pursuant to this subsection
13 shall never exceed fifty percent of the total tax revenues of
14 the state for the two preceding fiscal years, excluding any
15 tax revenues held in trust under the provisions of this
16 constitution.
17 (b) Moneys sufficient to pay debt service on state
18 bonds as the same becomes due shall be appropriated by law.
19 (c) Any state bonds pledging the full faith and credit
20 of the state issued under this section or any other section of
21 this constitution may be combined for the purposes of sale.
22 (d) Revenue bonds may be issued by the state or its
23 agencies without a vote of the electors to finance or
24 refinance the cost of state fixed capital outlay projects
25 authorized by law, and purposes incidental thereto, and shall
26 be payable solely from funds derived directly from sources
27 other than state tax revenues.
28 (e) Bonds pledging all or part of a dedicated state
29 tax revenue may be issued by the state in the manner provided
30 by general law to finance or refinance the acquisition and
31 improvement of land, water areas, and related property
85
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 interests and resources for the purposes of conservation,
2 outdoor recreation, water resource development, restoration of
3 natural systems, and historic preservation.
4 (f) Each project, building, or facility to be financed
5 or refinanced with revenue bonds issued under this section
6 shall first be approved by the legislature by an act relating
7 to appropriations or by general law.
8 SECTION 12. Local bonds.--Counties, school districts,
9 municipalities, special districts, and local governmental
10 bodies with taxing powers may issue bonds, certificates of
11 indebtedness, or any form of tax anticipation certificates,
12 payable from ad valorem taxation and maturing more than twelve
13 months after issuance only:
14 (a) To finance or refinance capital projects
15 authorized by law and only when approved by vote of the
16 electors who are owners of freeholds therein not wholly exempt
17 from taxation; or
18 (b) To refund outstanding bonds and interest and
19 redemption premium thereon at a lower net average interest
20 cost rate.
21 SECTION 13. Relief from illegal taxes.--Until payment
22 of all taxes which have been legally assessed upon the
23 property of the same owner, no court shall grant relief from
24 the payment of any tax that may be illegal or illegally
25 assessed.
26 SECTION 14. Bonds for pollution control and abatement
27 and other water facilities.--
28 (a) When authorized by law, state bonds pledging the
29 full faith and credit of the state may be issued without an
30 election to finance the construction of air and water
31 pollution control and abatement and solid waste disposal
86
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 facilities and other water facilities authorized by general
2 law (herein referred to as "facilities") to be operated by any
3 municipality, county, district or authority, or any agency
4 thereof (herein referred to as "local governmental agencies"),
5 or by any agency of the State of Florida. Such bonds shall be
6 secured by a pledge of and shall be payable primarily from all
7 or any part of revenues to be derived from operation of such
8 facilities, special assessments, rentals to be received under
9 lease-purchase agreements herein provided for, any other
10 revenues that may be legally available for such purpose,
11 including revenues from other facilities, or any combination
12 thereof (herein collectively referred to as "pledged
13 revenues"), and shall be additionally secured by the full
14 faith and credit of the State of Florida.
15 (b) No such bonds shall be issued unless a state
16 fiscal agency, created by law, has made a determination that
17 in no state fiscal year will the debt service requirements of
18 the bonds proposed to be issued and all other bonds secured by
19 the pledged revenues exceed seventy-five percent per cent of
20 the pledged revenues.
21 (c) The state may lease any of such facilities to any
22 local governmental agency, under lease-purchase agreements for
23 such periods and under such other terms and conditions as may
24 be mutually agreed upon. The local governmental agencies may
25 pledge the revenues derived from such leased facilities or any
26 other available funds for the payment of rentals thereunder;
27 and, in addition, the full faith and credit and taxing power
28 of such local governmental agencies may be pledged for the
29 payment of such rentals without any election of freeholder
30 electors or qualified electors.
31
87
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (d) The state may also issue such bonds for the
2 purpose of loaning money to local governmental agencies, for
3 the construction of such facilities to be owned or operated by
4 any of such local governmental agencies. Such loans shall bear
5 interest at not more than one-half of one percent per cent per
6 annum greater than the last preceding issue of state bonds
7 pursuant to this section, shall be secured by the pledged
8 revenues, and may be additionally secured by the full faith
9 and credit of the local governmental agencies.
10 (e) The total outstanding principal of state bonds
11 issued pursuant to this section 14 shall never exceed fifty
12 percent per cent of the total tax revenues of the state for
13 the two preceding fiscal years.
14 SECTION 15. Revenue bonds for scholarship loans.--
15 (a) When authorized by law, revenue bonds may be
16 issued to establish a fund to make loans to students
17 determined eligible as prescribed by law and who have been
18 admitted to attend any public or private institutions of
19 higher learning, junior colleges, health related training
20 institutions, or vocational training centers, which are
21 recognized or accredited under terms and conditions prescribed
22 by law. Revenue bonds issued pursuant to this section shall be
23 secured by a pledge of and shall be payable primarily from
24 payments of interest, principal, and handling charges to such
25 fund from the recipients of the loans and, if authorized by
26 law, may be additionally secured by student fees and by any
27 other moneys in such fund. There shall be established from the
28 proceeds of each issue of revenue bonds a reserve account in
29 an amount equal to and sufficient to pay the greatest amount
30 of principal, interest, and handling charges to become due on
31 such issue in any ensuing state fiscal year.
88
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (b) Interest moneys in the fund established pursuant
2 to this section, not required in any fiscal year for payment
3 of debt service on then outstanding revenue bonds or for
4 maintenance of the reserve account, may be used for
5 educational loans to students determined to be eligible
6 therefor in the manner provided by law, or for such other
7 related purposes as may be provided by law.
8 SECTION 16. Bonds for housing and related
9 facilities.--
10 (a) When authorized by law, revenue bonds may be
11 issued without an election to finance or refinance housing and
12 related facilities in Florida, herein referred to as
13 "facilities."
14 (b) The bonds shall be secured by a pledge of and
15 shall be payable primarily from all or any part of revenues to
16 be derived from the financing, operation, or sale of such
17 facilities, mortgage or loan payments, and any other revenues
18 or assets that may be legally available for such purposes
19 derived from sources other than ad valorem taxation, including
20 revenues from other facilities, or any combination thereof,
21 herein collectively referred to as "pledged revenues,"
22 provided that in no event shall the full faith and credit of
23 the state be pledged to secure such revenue bonds.
24 (c) No bonds shall be issued unless a state fiscal
25 agency, created by law, has made a determination that in no
26 state fiscal year will the debt service requirements of the
27 bonds proposed to be issued and all other bonds secured by the
28 same pledged revenues exceed the pledged revenues available
29 for payment of such debt service requirements, as defined by
30 law.
31
89
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 17. Bonds for acquiring transportation
2 right-of-way or for constructing bridges.--
3 (a) When authorized by law, state bonds pledging the
4 full faith and credit of the state may be issued, without a
5 vote of the electors, to finance or refinance the cost of
6 acquiring real property or the rights to real property for
7 state roads as defined by law, or to finance or refinance the
8 cost of state bridge construction, and purposes incidental to
9 such property acquisition or state bridge construction.
10 (b) Bonds issued under this section shall be secured
11 by a pledge of and shall be payable primarily from motor fuel
12 or special fuel taxes, except those defined in Article XII,
13 section 7(c) 9(c) of Article XII, as provided by law, and
14 shall additionally be secured by the full faith and credit of
15 the state.
16 (c) No bonds shall be issued under this section unless
17 a state fiscal agency, created by law, has made a
18 determination that in no state fiscal year will the debt
19 service requirements of the bonds proposed to be issued and
20 all other bonds secured by the same pledged revenues exceed
21 ninety percent of the pledged revenues available for payment
22 of such debt service requirements, as defined by law. For the
23 purposes of this subsection, the term "pledged revenues" means
24 all revenues pledged to the payment of debt service, excluding
25 any pledge of the full faith and credit of the state.
26 SECTION 18. Laws requiring counties or municipalities
27 to spend funds or limiting their ability to raise revenue or
28 receive state tax revenue.--
29 (a) No county or municipality shall be bound by any
30 general law requiring such county or municipality to spend
31 funds or to take an action requiring the expenditure of funds
90
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 unless the legislature has determined that such law fulfills
2 an important state interest and unless: funds have been
3 appropriated that have been estimated at the time of enactment
4 to be sufficient to fund such expenditure; the legislature
5 authorizes or has authorized a county or municipality to enact
6 a funding source not available for such county or municipality
7 on February 1, 1989, that can be used to generate the amount
8 of funds estimated to be sufficient to fund such expenditure
9 by a simple majority vote of the governing body of such county
10 or municipality; the law requiring such expenditure is
11 approved by two-thirds of the membership in each house of the
12 legislature; the expenditure is required to comply with a law
13 that applies to all persons similarly situated, including the
14 state and local governments; or the law is either required to
15 comply with a federal requirement or required for eligibility
16 for a federal entitlement, which federal requirement
17 specifically contemplates actions by counties or
18 municipalities for compliance.
19 (b) Except upon approval of each house of the
20 legislature by two-thirds of the membership, the legislature
21 may not enact, amend, or repeal any general law if the
22 anticipated effect of doing so would be to reduce the
23 authority that municipalities or counties have to raise
24 revenues in the aggregate, as such authority exists on
25 February 1, 1989.
26 (c) Except upon approval of each house of the
27 legislature by two-thirds of the membership, the legislature
28 may not enact, amend, or repeal any general law if the
29 anticipated effect of doing so would be to reduce the
30 percentage of a state tax shared with counties and
31 municipalities as an aggregate on February 1, 1989. The
91
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 provisions of this subsection shall not apply to enhancements
2 enacted after February 1, 1989, to state tax sources, or
3 during a fiscal emergency declared in a written joint
4 proclamation issued by the president of the senate and the
5 speaker of the house of representatives, or where the
6 legislature provides additional state-shared revenues that
7 which are anticipated to be sufficient to replace the
8 anticipated aggregate loss of state-shared revenues resulting
9 from the reduction of the percentage of the state tax shared
10 with counties and municipalities, which source of replacement
11 revenues shall be subject to the same requirements for repeal
12 or modification as provided herein for a state-shared tax
13 source existing on February 1, 1989.
14 (d) Laws adopted to require funding of pension
15 benefits existing on January 8, 1991; the effective date of
16 this section, criminal laws;, election laws;, the general
17 appropriations act;, special appropriations acts;, laws
18 reauthorizing but not expanding then-existing statutory
19 authority;, laws having insignificant fiscal impact;, and laws
20 creating, modifying, or repealing noncriminal infractions, are
21 exempt from the requirements of this section.
22 (e) The legislature may enact laws to assist in the
23 implementation and enforcement of this section.
24
25 ARTICLE VIII
26 LOCAL GOVERNMENT
27
28 SECTION 1. Counties.--
29 (a) POLITICAL SUBDIVISIONS.--The state shall be
30 divided by law into political subdivisions called counties.
31
92
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 Counties may be created, abolished, or changed by law, with
2 provision for payment or apportionment of the public debt.
3 (b) COUNTY FUNDS.--The care, custody, and method of
4 disbursing county funds shall be provided by general law.
5 (c) GOVERNMENT.--Pursuant to general or special law, a
6 county government may be established by charter that which
7 shall be adopted, amended, or repealed only upon vote of the
8 electors of the county in a special election called for that
9 purpose.
10 (d) COUNTY OFFICERS.--There shall be elected by the
11 electors of each county, for terms of four years, a sheriff, a
12 tax collector, a property appraiser, a supervisor of
13 elections, and a clerk of the circuit court; except, when
14 provided by county charter or special law approved by vote of
15 the electors of the county, any county officer may be chosen
16 in another manner therein specified, or any county office may
17 be abolished when all the duties of the office prescribed by
18 general law are transferred to another office. When not
19 otherwise provided by county charter or special law approved
20 by vote of the electors, the clerk of the circuit court shall
21 be ex officio clerk of the board of county commissioners,
22 auditor, recorder, and custodian of all county funds.
23 (e) COMMISSIONERS.--Except when otherwise provided by
24 county charter, the governing body of each county shall be a
25 board of county commissioners composed of five or seven
26 members serving staggered terms of four years. After each
27 decennial census, the board of county commissioners shall
28 divide the county into districts of contiguous territory as
29 nearly equal in population as practicable. One commissioner
30 residing in each district shall be elected as provided by law.
31
93
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (f) NON-CHARTER GOVERNMENT.--Counties not operating
2 under county charters shall have such power of self-government
3 as is provided by general or special law. The board of county
4 commissioners of a county not operating under a charter may
5 enact, in a manner prescribed by general law, county
6 ordinances not inconsistent with general or special law, but
7 an ordinance in conflict with a municipal ordinance shall not
8 be effective within the municipality to the extent of such
9 conflict.
10 (g) CHARTER GOVERNMENT.--Counties operating under
11 county charters shall have all powers of local self-government
12 not inconsistent with general law, or with special law
13 approved by vote of the electors. The governing body of a
14 county operating under a charter may enact county ordinances
15 not inconsistent with general law. The charter shall provide
16 which shall prevail in the event of conflict between county
17 and municipal ordinances.
18 (h) TAXES; LIMITATION.--Property situate within
19 municipalities shall not be subject to taxation for services
20 rendered by the county exclusively for the benefit of the
21 property or residents in unincorporated areas.
22 (i) COUNTY ORDINANCES.--Each county ordinance shall be
23 filed with the custodian of state records and shall become
24 effective at such time thereafter as is provided by general
25 law.
26 (j) VIOLATION OF ORDINANCES.--Persons violating county
27 ordinances shall be prosecuted and punished as provided by
28 law.
29 (k) COUNTY SEAT.--In every county there shall be a
30 county seat at which shall be located the principal offices
31 and permanent records of all county officers. The county seat
94
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 may not be moved except as provided by general law. Branch
2 offices for the conduct of county business may be established
3 elsewhere in the county by resolution of the governing body of
4 the county in the manner prescribed by law. No instrument
5 shall be deemed recorded until filed at the county seat, or a
6 branch office designated by the governing body of the county
7 for the recording of instruments, according to law.
8 SECTION 2. Municipalities.--
9 (a) ESTABLISHMENT.--Municipalities may be established
10 or abolished and their charters amended pursuant to general or
11 special law. When any municipality is abolished, provision
12 shall be made for the protection of its creditors.
13 (b) POWERS.--Municipalities shall have governmental,
14 corporate, and proprietary powers to enable them to conduct
15 municipal government, perform municipal functions and render
16 municipal services, and may exercise any power for municipal
17 purposes except as otherwise provided by law. Each municipal
18 legislative body shall be elective.
19 (c) ANNEXATION.--Municipal annexation of
20 unincorporated territory, merger of municipalities, and
21 exercise of extra-territorial powers by municipalities shall
22 be as provided by general or special law.
23 SECTION 3. Consolidation.--The government of a county
24 and the government of one or more municipalities located
25 therein may be consolidated into a single government, which
26 may exercise any and all powers of the county and the several
27 municipalities. The consolidation plan may be proposed only by
28 special law, which shall become effective if approved by vote
29 of the electors of the county, or of the county and
30 municipalities affected, as may be provided in the plan.
31 Consolidation shall not extend the territorial scope of
95
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 taxation for the payment of pre-existing debt except to areas
2 whose residents receive a benefit from the facility or service
3 for which the indebtedness was incurred.
4 SECTION 4. Transfer of powers.--By law or by
5 resolution of the governing bodies of each of the governments
6 affected, any function or power of a county, municipality, or
7 special district may be transferred to or contracted to be
8 performed by another county, municipality, or special
9 district, after approval by vote of the electors of the
10 transferor and approval by vote of the electors of the
11 transferee, or as otherwise provided by law.
12 SECTION 5. Local option.--
13 (a) Local option on the legality or prohibition of the
14 sale of intoxicating liquors, wines, or beers shall be
15 preserved to each county. The status of a county with respect
16 thereto shall be changed only by vote of the electors in a
17 special election called upon the petition of twenty-five
18 percent per cent of the electors of the county, and not sooner
19 than two years after an earlier election on the same question.
20 Where legal, the sale of intoxicating liquors, wines, and
21 beers shall be regulated by law.
22 (b) Each county shall have the authority to require a
23 criminal history records check and a 3-to-5-day 3 to 5-day
24 waiting period, excluding weekends and legal holidays, in
25 connection with the sale of any firearm occurring within such
26 county. For purposes of this subsection, the term "sale" means
27 the transfer of money or other valuable consideration for any
28 firearm when any part of the transaction is conducted on
29 property to which the public has the right of access. Holders
30 of a concealed weapons permit as prescribed by general law
31
96
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 shall not be subject to the provisions of this subsection when
2 purchasing a firearm.
3 SECTION 6. Schedule to Article VIII.--
4 (a) APPLICABILITY TO FORMER ARTICLE.--This article
5 shall replace all of Article VIII of the constitution of 1885,
6 as amended, except those sections expressly retained and made
7 a part of this article by reference.
8 (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES;
9 DISTRICTS.--The status of the following items as they exist on
10 the date this article becomes effective is recognized and
11 shall be continued until changed in accordance with law: the
12 counties of the state; their status with respect to the
13 legality of the sale of intoxicating liquors, wines, and
14 beers; the method of selection of county officers; the
15 performance of municipal functions by county officers; the
16 county seats; and the municipalities and special districts of
17 the state, their powers, jurisdiction, and government.
18 (c) OFFICERS TO CONTINUE IN OFFICE. Every person
19 holding office when this article becomes effective shall
20 continue in office for the remainder of the term if that
21 office is not abolished. If the office is abolished the
22 incumbent shall be paid adequate compensation, to be fixed by
23 law, for the loss of emoluments for the remainder of the term.
24 (c)(d) ORDINANCES.--Local laws relating only to
25 unincorporated areas of a county on the effective date of this
26 article may be amended or repealed by county ordinance.
27 (d)(e) CONSOLIDATION AND HOME RULE.--Article VIII,
28 sections 9, 10, 11, and 24, of the constitution of 1885, as
29 amended, shall remain in full force and effect as to each
30 county affected, as if this article had not been adopted,
31 until that county shall expressly adopt a charter or home rule
97
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 plan pursuant to this article. All provisions of the
2 Metropolitan Dade County Home Rule Charter, heretofore or
3 hereafter adopted by the electors of Dade County pursuant to
4 Article VIII, section 11, of the constitution of 1885, as
5 amended, shall be valid, and any amendments to such charter
6 shall be valid; provided that the said provisions of such
7 charter and the said amendments thereto are authorized under
8 said Article VIII, section 11, of the constitution of 1885, as
9 amended.
10 (e)(f) DADE COUNTY; POWERS CONFERRED UPON
11 MUNICIPALITIES.--To the extent not inconsistent with the
12 powers of existing municipalities or general law, the
13 Metropolitan Government of Dade County may exercise all the
14 powers conferred now or hereafter by general law upon
15 municipalities.
16 (f)(g) DELETION OF OBSOLETE SCHEDULE ITEMS.--The
17 legislature shall have power, by joint resolution, to delete
18 from this article any subsection of this section 6, including
19 this subsection, when all events to which the subsection to be
20 deleted is or could become applicable have occurred. A
21 legislative determination of fact made as a basis for
22 application of this subsection shall be subject to judicial
23 review.
24
25 ARTICLE IX
26 EDUCATION
27
28 SECTION 1. Public education.--
29 (a) The education of children is a fundamental value
30 of the people of this the state of Florida. It is, therefore,
31 a paramount duty of the state to make adequate provision for
98
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 the education of all children residing within its borders.
2 Adequate provision shall be made by law for a uniform,
3 efficient, safe, secure, and high quality system of free
4 public schools that allows students to obtain a high quality
5 education and for the establishment, maintenance, and
6 operation of institutions of higher learning and other public
7 education programs that the needs of the people may require.
8 To assure that children attending public schools obtain a high
9 quality education, the legislature shall make adequate
10 provision to ensure that, by the beginning of the 2010 school
11 year, there are a sufficient number of classrooms so that:
12 (1) The maximum number of students who are assigned to
13 each teacher who is teaching in public school classrooms for
14 prekindergarten through grade 3 does not exceed 18 students;
15 (2) The maximum number of students who are assigned to
16 each teacher who is teaching in public school classrooms for
17 grades 4 through 8 does not exceed 22 students; and
18 (3) The maximum number of students who are assigned to
19 each teacher who is teaching in public school classrooms for
20 grades 9 through 12 does not exceed 25 students.
21
22 The class size requirements of this subsection do not apply to
23 extracurricular classes. Payment of the costs associated with
24 reducing class size to meet these requirements is the
25 responsibility of the state and not of local school schools
26 districts. Beginning with the 2003-2004 fiscal year, The
27 legislature shall provide sufficient funds to reduce the
28 average number of students in each classroom by at least two
29 students per year until the maximum number of students per
30 classroom does not exceed the requirements of this subsection.
31
99
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (b) Every four-year-old four-year old child in Florida
2 shall be provided by the State a high-quality high quality
3 pre-kindergarten learning opportunity in the form of an early
4 childhood development and education program that which shall
5 be voluntary, high quality, free, and delivered according to
6 professionally accepted standards. An early childhood
7 development and education program means an organized program
8 designed to address and enhance each child's ability to make
9 age-appropriate age appropriate progress in an appropriate
10 range of settings in the development of language and cognitive
11 capabilities and emotional, social, regulatory, and moral
12 capacities through education in basic skills and such other
13 skills as the legislature may determine to be appropriate.
14 (c) The early childhood education and development
15 programs provided by reason of subsection subparagraph (b)
16 shall be implemented no later than the beginning of the 2005
17 school year through funds generated in addition to those used
18 for existing education, health, and development programs.
19 Existing education, health, and development programs are those
20 funded by the state as of January 1, 2002, that provided for
21 child or adult education, health care, or development.
22 SECTION 2. State board of education.--The state board
23 of education shall be a body corporate and have such
24 supervision of the system of free public education as is
25 provided by law. The state board of education shall consist of
26 seven members appointed by the governor to staggered 4-year
27 terms, subject to confirmation by the senate. The state board
28 of education shall appoint the commissioner of education.
29 SECTION 3. Terms of appointive board members.--Members
30 of any appointive board dealing with education may serve terms
31 in excess of four years as provided by law.
100
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 4. School districts; school boards.--
2 (a) Each county shall constitute a school district,;
3 provided that, two or more contiguous counties, upon vote of
4 the electors of each county pursuant to law, may be combined
5 into one school district. In each school district, there shall
6 be a school board composed of five or more members chosen by
7 vote of the electors in a nonpartisan election for
8 appropriately staggered terms of four years, as provided by
9 law.
10 (b) The school board shall operate, control, and
11 supervise all free public schools within the school district
12 and determine the rate of school district taxes within the
13 limits prescribed herein. Two or more school districts may
14 operate and finance joint educational programs.
15 SECTION 5. Superintendent of schools.--In each school
16 district, there shall be a superintendent of schools who shall
17 be elected at the general election in each year the number of
18 which is a multiple of four for a term of four years; or, when
19 provided by resolution of the district school board, or by
20 special law, approved by vote of the electors, the district
21 school superintendent in any school district shall be employed
22 by the district school board as provided by general law. The
23 resolution or special law may be rescinded or repealed by
24 either procedure after four years.
25 SECTION 6. State school fund.--The income derived from
26 the state school fund shall, and the principal of the fund
27 may, be appropriated, but only to the support and maintenance
28 of free public schools.
29 SECTION 7. State University System.--
30 (a) PURPOSES. In order to achieve excellence through
31 teaching students, advancing research and providing public
101
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 service for the benefit of Florida's citizens, their
2 communities and economies, the people hereby establish a
3 system of governance for the state university system of
4 Florida.
5 (b) STATE UNIVERSITY SYSTEM. There shall be a single
6 state university system comprised of all public universities.
7 A board of trustees shall administer each public university
8 and a board of governors shall govern the state university
9 system.
10 (c) LOCAL BOARDS OF TRUSTEES. Each local constituent
11 university shall be administered by a board of trustees
12 consisting of thirteen members dedicated to the purposes of
13 the state university system. The board of governors shall
14 establish the powers and duties of the boards of trustees.
15 Each board of trustees shall consist of six citizen members
16 appointed by the governor and five citizen members appointed
17 by the board of governors. The appointed members shall be
18 confirmed by the senate and serve staggered terms of five
19 years as provided by law. The chair of the faculty senate, or
20 the equivalent, and the president of the student body of the
21 university shall also be members.
22 (d) STATEWIDE BOARD OF GOVERNORS. The board of
23 governors shall be a body corporate consisting of seventeen
24 members. The board shall operate, regulate, control, and be
25 fully responsible for the management of the whole university
26 system. These responsibilities shall include, but not be
27 limited to, defining the distinctive mission of each
28 constituent university and its articulation with free public
29 schools and community colleges, ensuring the well-planned
30 coordination and operation of the system, and avoiding
31 wasteful duplication of facilities or programs. The board's
102
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 management shall be subject to the powers of the legislature
2 to appropriate for the expenditure of funds, and the board
3 shall account for such expenditures as provided by law. The
4 governor shall appoint to the board fourteen citizens
5 dedicated to the purposes of the state university system. The
6 appointed members shall be confirmed by the senate and serve
7 staggered terms of seven years as provided by law. The
8 commissioner of education, the chair of the advisory council
9 of faculty senates, or the equivalent, and the president of
10 the Florida student association, or the equivalent, shall also
11 be members of the board.
12
13 ARTICLE X
14 MISCELLANEOUS
15
16 SECTION 1. Amendments to United States
17 Constitution.--The legislature shall not take action on any
18 proposed amendment to the Constitution of the United States
19 unless a majority of the members thereof have been elected
20 after the proposed amendment has been submitted for
21 ratification.
22 SECTION 1 2. Militia.--
23 (a) The militia shall be composed of all able-bodied
24 ablebodied inhabitants of the state who are or have declared
25 their intention to become citizens of the United States,; and
26 no person because of religious creed or opinion shall be
27 exempted from military duty except upon conditions provided by
28 law.
29 (b) The organizing, equipping, housing, maintaining,
30 and disciplining of the militia, and the safekeeping of public
31 arms may be provided for by law.
103
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (c) The governor shall appoint all commissioned
2 officers of the militia, including an adjutant general who
3 shall be chief of staff. The appointment of all general
4 officers shall be subject to confirmation by the senate.
5 (d) The qualifications of personnel and officers of
6 the federally recognized national guard, including the
7 adjutant general, and the grounds and proceedings for their
8 discipline and removal shall conform to the appropriate United
9 States Army or Air Force regulations and usages.
10 SECTION 2 3. Vacancy in office.--Vacancy in office
11 shall occur upon the creation of an office, upon the death,
12 removal from office, or resignation of the incumbent or the
13 incumbent's succession to another office, unexplained absence
14 for sixty consecutive days, or failure to maintain the
15 residence required when elected or appointed, and upon failure
16 of one elected or appointed to office to qualify within thirty
17 days from the commencement of the term.
18 SECTION 3 4. Homestead; exemptions.--
19 (a) There shall be exempt from forced sale under
20 process of any court, and no judgment, decree, or execution
21 shall be a lien thereon, except for the payment of taxes and
22 assessments thereon, obligations contracted for the purchase,
23 improvement, or repair thereof, or obligations contracted for
24 house, field, or other labor performed on the realty, the
25 following property owned by a natural person:
26 (1) A homestead, if located outside a municipality, to
27 the extent of one hundred sixty acres of contiguous land and
28 improvements thereon, which shall not be reduced without the
29 owner's consent by reason of subsequent inclusion in a
30 municipality; or if located within a municipality, to the
31 extent of one-half acre of contiguous land, upon which the
104
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 exemption shall be limited to the residence of the owner or
2 the owner's family;
3 (2) Personal property to the value of one thousand
4 dollars.
5 (b) These exemptions shall inure to the surviving
6 spouse or heirs of the owner.
7 (c) The homestead shall not be subject to devise if
8 the owner is survived by spouse or minor child, except the
9 homestead may be devised to the owner's spouse if there be no
10 minor child. The owner of homestead real estate, joined by the
11 spouse if married, may alienate the homestead by mortgage,
12 sale, or gift and, if married, may by deed transfer the title
13 to an estate by the entirety with the spouse. If the owner or
14 spouse is incompetent, the method of alienation or encumbrance
15 shall be as provided by law.
16 SECTION 5. Coverture and property.--There shall be no
17 distinction between married women and married men in the
18 holding, control, disposition, or encumbering of their
19 property, both real and personal; except that dower or curtesy
20 may be established and regulated by law.
21 SECTION 4 6. Eminent domain.--
22 (a) No private property shall be taken except for a
23 public purpose and with full compensation therefor paid to
24 each owner or secured by deposit in the registry of the court
25 and available to the owner.
26 (b) Provision may be made by law for the taking of
27 easements, by like proceedings, for the drainage of the land
28 of one person over or through the land of another.
29 SECTION 5 7. Lotteries.--Lotteries, other than the
30 types of pari-mutuel pools authorized by law as of January 7,
31
105
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 1969 the effective date of this constitution, are hereby
2 prohibited in this state.
3 SECTION 6 8. Census.--
4 (a) Each decennial census of the state taken by the
5 United States shall be an official census of the state.
6 (b) Each decennial census, for the purpose of
7 classifications based upon population, shall become effective
8 on the thirtieth day after the final adjournment of the
9 regular session of the legislature convened next after
10 certification of the census.
11 SECTION 7 9. Repeal of criminal statutes.--Repeal or
12 amendment of a criminal statute shall not affect prosecution
13 or punishment for any crime previously committed.
14 SECTION 8 10. Felony; definition.--The term "felony,"
15 as used herein and in the laws of this state, shall mean any
16 criminal offense that is punishable under the laws of this
17 state, or that would be punishable if committed in this state,
18 by death or by imprisonment in the state penitentiary.
19 SECTION 9 11. Sovereignty lands.--The title to lands
20 under navigable waters, within the boundaries of the state,
21 which have not been alienated, including beaches below mean
22 high water lines, is held by the state, by virtue of its
23 sovereignty, in trust for all the people. Sale of such lands
24 may be authorized by law, but only when in the public
25 interest. Private use of portions of such lands may be
26 authorized by law, but only when not contrary to the public
27 interest.
28 SECTION 10 12. Rules of construction.--Unless
29 qualified in the text, the following rules of construction
30 shall apply to this constitution.
31 (a) "Herein" refers to the entire constitution.
106
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (b) The singular includes the plural.
2 (c) The masculine includes the feminine.
3 (d) "Vote of the electors" means the vote of the
4 majority of those voting on the matter in an election, general
5 or special, in which those participating are limited to the
6 electors of the governmental unit referred to in the text.
7 (e) Vote or other action of a legislative house or
8 other governmental body means the vote or action of a majority
9 or other specified percentage of those members voting on the
10 matter. "Of the membership" means "of all members thereof."
11 (f) The terms "judicial office," "justices," and
12 "judges" shall not include judges of courts established solely
13 for the trial of violations of ordinances.
14 (g) "Special law" means a special or local law.
15 (h) Titles and subtitles shall not be used in
16 construction.
17 SECTION 11 13. Suits against the state.--Provision may
18 be made by general law for bringing suit against the state as
19 to all liabilities now existing or hereafter originating.
20 SECTION 12 14. State retirement systems benefit
21 changes.--A governmental unit responsible for any retirement
22 or pension system supported in whole or in part by public
23 funds shall not, after January 1, 1977, provide any increase
24 in the benefits to the members or beneficiaries of such system
25 unless such unit has made or concurrently makes provision for
26 the funding of the increase in benefits on a sound actuarial
27 basis.
28 SECTION 13 15. State operated lotteries.--
29 (a) Lotteries may be operated by the state.
30 (b) If any subsection or subsections of the amendment
31 to the Florida Constitution are held unconstitutional for
107
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 containing more than one subject, this amendment shall be
2 limited to subsection (a) above.
3 (c) This amendment shall be implemented as follows:
4 (1) Schedule--On the effective date of this amendment,
5 The lotteries shall be known as the Florida Education
6 Lotteries. Net proceeds derived from the lotteries shall be
7 deposited to a state trust fund, to be designated The State
8 Education Lotteries Trust Fund, to be appropriated by the
9 legislature. The schedule may be amended by general law.
10 SECTION 14 16. Limiting marine net fishing.--
11 (a) The marine resources of the State of Florida
12 belong to all of the people of the state and should be
13 conserved and managed for the benefit of the state, its
14 people, and future generations. To this end, the people hereby
15 enact limitations on marine net fishing in Florida waters to
16 protect saltwater finfish, shellfish, and other marine animals
17 from unnecessary killing, overfishing, and waste.
18 (b) For the purpose of catching or taking any
19 saltwater finfish, shellfish, or other marine animals in
20 Florida waters:
21 (1) No gill nets or other entangling nets shall be
22 used in any Florida waters; and
23 (2) In addition to the prohibition set forth in
24 paragraph (1), no other type of net containing more than 500
25 square feet of mesh area shall be used in nearshore and
26 inshore Florida waters. Additionally, no more than two such
27 nets, which shall not be connected, shall be used from any
28 vessel, and no person not on a vessel shall use more than one
29 such net in nearshore and inshore Florida waters.
30 (c) For purposes of this section, the term:
31
108
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (1) "Gill net" means one or more walls of netting
2 which captures saltwater finfish by ensnaring or entangling
3 them in the meshes of the net by the gills, and "entangling
4 net" means a drift net, trammell net, stab net, or any other
5 net which captures saltwater finfish, shellfish, or other
6 marine animals by causing all or part of heads, fins, legs, or
7 other body parts to become entangled or ensnared in the meshes
8 of the net, but a hand-thrown hand thrown cast net is not a
9 gill net or an entangling net;
10 (2) "Mesh area" of a net means the total area of
11 netting with the meshes open to comprise the maximum square
12 footage. The square footage shall be calculated using standard
13 mathematical formulas for geometric shapes. Seines and other
14 rectangular nets shall be calculated using the maximum length
15 and maximum width of the netting. Trawls and other bag type
16 nets shall be calculated as a cone using the maximum
17 circumference of the net mouth to derive the radius, and the
18 maximum length from the net mouth to the tail end of the net
19 to derive the slant height. Calculations for any other nets or
20 combination type nets shall be based on the shapes of the
21 individual components;
22 (3) "Coastline" means the territorial sea base line
23 for the State of Florida established pursuant to the laws of
24 the United States of America;
25 (4) "Florida waters" means the waters of the Atlantic
26 Ocean, the Gulf of Mexico, the Straits of Florida, and any
27 other bodies of water under the jurisdiction of the State of
28 Florida, whether coastal, intracoastal, or inland, and any
29 part thereof; and
30 (5) "Nearshore and inshore Florida waters" means all
31 Florida waters inside a line three miles seaward of the
109
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 coastline along the Gulf of Mexico and inside a line one mile
2 seaward of the coastline along the Atlantic Ocean.
3 (d) This section shall not apply to the use of nets
4 for scientific research or governmental purposes.
5 (e) Persons violating this section shall be prosecuted
6 and punished pursuant to the penalties provided in s. section
7 370.021(2)(a),(b),(c)6. and 7., and (e), Florida Statutes
8 (1991), unless and until the legislature enacts more stringent
9 penalties for violations hereof. On and after the effective
10 date of this section, Law enforcement officers in the state
11 are authorized to enforce the provisions of this section in
12 the same manner and authority as if a violation of this
13 section constituted a violation of chapter 370, Florida
14 Statutes (1991).
15 (f) It is the intent of this section that implementing
16 legislation is not required for enforcing any violations
17 hereof, but nothing in this section prohibits the
18 establishment by law or pursuant to law of more restrictions
19 on the use of nets for the purpose of catching or taking any
20 saltwater finfish, shellfish, or other marine animals.
21 (g) If any portion of this section is held invalid for
22 any reason, the remaining portion of this section, to the
23 fullest extent possible, shall be severed from the void
24 portion and given the fullest possible force and application.
25 (h) This section shall take effect on the July 1 next
26 occurring after approval hereof by vote of the electors.
27 SECTION 15 17. Everglades Trust Fund.--
28 (a) There is hereby established the Everglades Trust
29 Fund, which shall not be subject to termination pursuant to
30 Article III, section 18(f) 19(f). The purpose of the
31 Everglades Trust Fund is to make funds available to assist in
110
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 conservation and protection of natural resources and abatement
2 of water pollution in the Everglades Protection Area and the
3 Everglades Agricultural Area. The trust fund shall be
4 administered by the South Florida Water Management District,
5 or its successor agency, consistent with statutory law.
6 (b) The Everglades Trust Fund may receive funds from
7 any source, including gifts from individuals, corporations, or
8 other entities; funds from general revenue as determined by
9 the legislature; and any other funds so designated by the
10 legislature, by the United States Congress, or by any other
11 governmental entity.
12 (c) Funds deposited to the Everglades Trust Fund shall
13 be expended for purposes of conservation and protection of
14 natural resources and abatement of water pollution in the
15 Everglades Protection Area and Everglades Agricultural Area.
16 (d) For purposes of this section subsection, the terms
17 "Everglades Protection Area," "Everglades Agricultural Area,"
18 and "South Florida Water Management District" shall have the
19 meanings as defined in statutes in effect on January 1, 1996.
20 SECTION 16 18. Disposition of conservation lands.--The
21 fee interest in real property held by an entity of the state
22 and designated for natural resources conservation purposes as
23 provided by general law shall be managed for the benefit of
24 the citizens of this state and may be disposed of only if the
25 members of the governing board of the entity holding title
26 determine the property is no longer needed for conservation
27 purposes and only upon a vote of two-thirds of the governing
28 board.
29 SECTION 19. High speed ground transportation
30 system.--To reduce traffic congestion and provide alternatives
31 to the traveling public, it is hereby declared to be in the
111
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 public interest that a high speed ground transportation system
2 consisting of a monorail, fixed guideway or magnetic
3 levitation system, capable of speeds in excess of 120 miles
4 per hour, be developed and operated in the State of Florida to
5 provide high speed ground transportation by innovative,
6 efficient and effective technologies consisting of dedicated
7 rails or guideways separated from motor vehicular traffic that
8 will link the five largest urban areas of the State as
9 determined by the Legislature and provide for access to
10 existing air and ground transportation facilities and
11 services. The Legislature, the Cabinet and the Governor are
12 hereby directed to proceed with the development of such a
13 system by the State and/or by a private entity pursuant to
14 state approval and authorization, including the acquisition of
15 right-of-way, the financing of design and construction of the
16 system, and the operation of the system, as provided by
17 specific appropriation and by law, with construction to begin
18 on or before November 1, 2003.
19 SECTION 17 20. Workplaces without tobacco smoke.--
20 (a) PROHIBITION.--As a Florida health initiative to
21 protect people from the health hazards of second-hand tobacco
22 smoke, tobacco smoking is prohibited in enclosed indoor
23 workplaces.
24 (b) EXCEPTIONS.--As further explained in the
25 definitions below, tobacco smoking may be permitted in private
26 residences whenever they are not being used commercially to
27 provide child care, adult care, or health care, or any
28 combination thereof; and further may be permitted in retail
29 tobacco shops, designated smoking guest rooms at hotels and
30 other public lodging establishments; and stand-alone bars.
31 However, nothing in this section or in its implementing
112
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 legislation or regulations shall prohibit the owner, lessee,
2 or other person in control of the use of an enclosed indoor
3 workplace from further prohibiting or limiting smoking
4 therein.
5 (c) DEFINITIONS.--For purposes of this section, the
6 following words and terms shall have the stated meanings:
7 (1) "Smoking" means inhaling, exhaling, burning,
8 carrying, or possessing any lighted tobacco product, including
9 cigarettes, cigars, pipe tobacco, and any other lighted
10 tobacco product.
11 (2) "Second-hand smoke," also known as environmental
12 tobacco smoke (ETS), means smoke emitted from lighted,
13 smoldering, or burning tobacco when the smoker is not
14 inhaling; smoke emitted at the mouthpiece during puff drawing;
15 and smoke exhaled by the smoker.
16 (3) "Work" means any person's providing any employment
17 or employment-type service for or at the request of another
18 individual or individuals or any public or private entity,
19 whether for compensation or not, whether full or part-time,
20 whether legally or not. "Work" includes, without limitation,
21 any such service performed by an employee, independent
22 contractor, agent, partner, proprietor, manager, officer,
23 director, apprentice, trainee, associate, servant, volunteer,
24 and the like.
25 (4) "Enclosed indoor workplace" means any place where
26 one or more persons engages in work, and which place is
27 predominantly or totally bounded on all sides and above by
28 physical barriers, regardless of whether such barriers consist
29 of or include uncovered openings, screened or otherwise
30 partially covered openings; or open or closed windows,
31 jalousies, doors, or the like. This section applies to all
113
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 such enclosed indoor workplaces without regard to whether work
2 is occurring at any given time.
3 (5) "Commercial" use of a private residence means any
4 time during which the owner, lessee, or other person occupying
5 or controlling the use of the private residence is furnishing
6 in the private residence, or causing or allowing to be
7 furnished in the private residence, child care, adult care, or
8 health care, or any combination thereof, and receiving or
9 expecting to receive compensation therefor.
10 (6) "Retail tobacco shop" means any enclosed indoor
11 workplace dedicated to or predominantly for the retail sale of
12 tobacco, tobacco products, and accessories for such products,
13 in which the sale of other products or services is merely
14 incidental.
15 (7) "Designated smoking guest rooms at public lodging
16 establishments" means the sleeping rooms and directly
17 associated private areas, such as bathrooms, living rooms, and
18 kitchen areas, if any, rented to guests for their exclusive
19 transient occupancy in public lodging establishments including
20 hotels, motels, resort condominiums, transient apartments,
21 transient lodging establishments, rooming houses, boarding
22 houses, resort dwellings, bed and breakfast inns, and the
23 like; and designated by the person or persons having
24 management authority over such public lodging establishment as
25 rooms in which smoking may be permitted.
26 (8) "Stand-alone bar" means any place of business
27 devoted during any time of operation predominantly or totally
28 to serving alcoholic beverages, intoxicating beverages, or
29 intoxicating liquors, or any combination thereof, for
30 consumption on the licensed premises; in which the serving of
31 food, if any, is merely incidental to the consumption of any
114
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 such beverage; and that is not located within, and does not
2 share any common entryway or common indoor area with, any
3 other enclosed indoor workplace including any business for
4 which the sale of food or any other product or service is more
5 than an incidental source of gross revenue.
6 (d) LEGISLATION.--In the next regular legislative
7 session occurring after voter approval of this amendment, The
8 Florida legislature shall adopt legislation to implement this
9 amendment in a manner consistent with its broad purpose and
10 stated terms, and having an effective date no later than July
11 1 of the year following voter approval. Such legislation shall
12 include, without limitation, civil penalties for violations of
13 this section; provisions for administrative enforcement; and
14 the requirement and authorization of agency rules for
15 implementation and enforcement. Nothing herein shall preclude
16 the legislature from enacting any law constituting or allowing
17 a more restrictive regulation of tobacco smoking than is
18 provided in this section.
19 SECTION 21. Limiting cruel and inhumane confinement of
20 pigs during pregnancy.--Inhumane treatment of animals is a
21 concern of Florida citizens. To prevent cruelty to certain
22 animals and as recommended by The Humane Society of the United
23 States, the people of the State of Florida hereby limit the
24 cruel and inhumane confinement of pigs during pregnancy as
25 provided herein.
26 (a) It shall be unlawful for any person to confine a
27 pig during pregnancy in an enclosure, or to tether a pig
28 during pregnancy, on a farm in such a way that she is
29 prevented from turning around freely.
30 (b) This section shall not apply:
31
115
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (1) When a pig is undergoing an examination, test,
2 treatment or operation carried out for veterinary purposes,
3 provided the period during which the animal is confined or
4 tethered is not longer than reasonably necessary.
5 (2) During the prebirthing period.
6 (c) For purposes of this section:
7 (1) "Enclosure" means any cage, crate or other
8 enclosure in which a pig is kept for all or the majority of
9 any day, including what is commonly described as the
10 "gestation crate."
11 (2) "Farm" means the land, buildings, support
12 facilities, and other appurtenances used in the production of
13 animals for food or fiber.
14 (3) "Person" means any natural person, corporation
15 and/or business entity.
16 (4) "Pig" means any animal of the porcine species.
17 (5) "Turning around freely" means turning around
18 without having to touch any side of the pig's enclosure.
19 (6) "Prebirthing period" means the seven day period
20 prior to a pig's expected date of giving birth.
21 (d) A person who violates this section shall be guilty
22 of a misdemeanor of the first degree, punishable as provided
23 in s. 775.082(4)(a), Florida Statutes (1999), as amended, or
24 by a fine of not more than $5000, or by both imprisonment and
25 a fine, unless and until the legislature enacts more stringent
26 penalties for violations hereof. On and after the effective
27 date of this section, law enforcement officers in the state
28 are authorized to enforce the provisions of this section in
29 the same manner and authority as if a violation of this
30 section constituted a violation of Section 828.13, Florida
31 Statutes (1999). The confinement or tethering of each pig
116
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 shall constitute a separate offense. The knowledge or acts of
2 agents and employees of a person in regard to a pig owned,
3 farmed or in the custody of a person, shall be held to be the
4 knowledge or act of such person.
5 (e) It is the intent of this section that implementing
6 legislation is not required for enforcing any violations
7 hereof.
8 (f) If any portion of this section is held invalid for
9 any reason, the remaining portion of this section, to the
10 fullest extent possible, shall be severed from the void
11 portion and given the fullest possible force and application.
12 (g) This section shall take effect six years after
13 approval by the electors.
14 SECTION 18 22. Parental notice of termination of a
15 minor's pregnancy.--The legislature shall not limit or deny
16 the privacy right guaranteed to a minor under the United
17 States Constitution as interpreted by the United States
18 Supreme Court. Notwithstanding a minor's right of privacy
19 provided in Article I, section 23 of Article I, the
20 legislature is authorized to require by general law for
21 notification to a parent or guardian of a minor before the
22 termination of the minor's pregnancy. The legislature shall
23 provide exceptions to such requirement for notification and
24 shall create a process for judicial waiver of the
25 notification.
26 SECTION 19 23. Slot machines.--
27 (a) After voter approval of this constitutional
28 amendment, The governing bodies of Miami-Dade and Broward
29 Counties each may hold a countywide county-wide referendum in
30 their respective counties on whether to authorize slot
31 machines within existing, licensed pari-mutuel parimutuel
117
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 facilities (thoroughbred and harness racing, greyhound racing,
2 and jai-alai) that have conducted live racing or games in that
3 county during each of the last two calendar years 2002 and
4 2003 before the effective date of this amendment. If the
5 voters of such county approve the referendum question by
6 majority vote, slot machines shall be authorized in such
7 parimutuel facilities. If the voters of such county by
8 majority vote disapprove the referendum question, slot
9 machines shall not be so authorized, and the question shall
10 not be presented in another referendum in that county for at
11 least two years.
12 (b) In the next regular Legislative session occurring
13 after voter approval of this constitutional amendment, The
14 legislature shall adopt legislation implementing this section
15 and having an effective date no later than July 1 of the year
16 following voter approval of this amendment. Such legislation
17 shall authorize agency rules for implementation, and may
18 include provisions for the licensure and regulation of slot
19 machines. The legislature may tax slot machine revenues, and
20 any such taxes must supplement public education funding
21 statewide.
22 (c) If any part of this section is held invalid for
23 any reason, the remaining portion or portions shall be severed
24 from the invalid portion and given the fullest possible force
25 and effect.
26 (d) This amendment shall become effective when
27 approved by vote of the electors of the state.
28 SECTION 20 24. Florida minimum wage.--
29 (a) PUBLIC POLICY. All working Floridians are
30 entitled to be paid a minimum wage that is sufficient to
31 provide a decent and healthy life for them and their families,
118
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 that protects their employers from unfair low-wage
2 competition, and that does not force them to rely on
3 taxpayer-funded public services in order to avoid economic
4 hardship.
5 (b) DEFINITIONS. As used in this amendment, the terms
6 "Employer," "Employee" and "Wage" shall have the meanings
7 established under the federal Fair Labor Standards Act (FLSA)
8 and its implementing regulations.
9 (c) MINIMUM WAGE. Employers shall pay Employees Wages
10 no less than the Minimum Wage for all hours worked in Florida.
11 Six months after enactment, the Minimum Wage shall be
12 established at an hourly rate of $6.15. On September 30th of
13 that year and on each following September 30th, the state
14 Agency for Workforce Innovation shall calculate an adjusted
15 Minimum Wage rate by increasing the current Minimum Wage rate
16 by the rate of inflation during the twelve months prior to
17 each September 1st using the consumer price index for urban
18 wage earners and clerical workers, CPI-W, or a successor index
19 as calculated by the United States Department of Labor. Each
20 adjusted Minimum Wage rate calculated shall be published and
21 take effect on the following January 1st. For tipped Employees
22 meeting eligibility requirements for the tip credit under the
23 FLSA, Employers may credit towards satisfaction of the Minimum
24 Wage tips up to the amount of the allowable FLSA tip credit in
25 2003.
26 (d) RETALIATION PROHIBITED. It shall be unlawful for
27 an Employer or any other party to discriminate in any manner
28 or take adverse action against any person in retaliation for
29 exercising rights protected under this amendment. Rights
30 protected under this amendment include, but are not limited
31 to, the right to file a complaint or inform any person about
119
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 any party's alleged noncompliance with this amendment, and the
2 right to inform any person of his or her potential rights
3 under this amendment and to assist him or her in asserting
4 such rights.
5 (e) ENFORCEMENT. Persons aggrieved by a violation of
6 this amendment may bring a civil action in a court of
7 competent jurisdiction against an Employer or person violating
8 this amendment and, upon prevailing, shall recover the full
9 amount of any back wages unlawfully withheld plus the same
10 amount as liquidated damages, and shall be awarded reasonable
11 attorney's fees and costs. In addition, they shall be entitled
12 to such legal or equitable relief as may be appropriate to
13 remedy the violation including, without limitation,
14 reinstatement in employment and/or injunctive relief. Any
15 Employer or other person found liable for willfully violating
16 this amendment shall also be subject to a fine payable to the
17 state in the amount of $1000.00 for each violation. The state
18 attorney general or other official designated by the state
19 legislature may also bring a civil action to enforce this
20 amendment. Actions to enforce this amendment shall be subject
21 to a statute of limitations of four years or, in the case of
22 willful violations, five years. Such actions may be brought as
23 a class action pursuant to Rule 1.220 of the Florida Rules of
24 Civil Procedure.
25 (f) ADDITIONAL LEGISLATION, IMPLEMENTATION AND
26 CONSTRUCTION. Implementing legislation is not required in
27 order to enforce this amendment. The state legislature may by
28 statute establish additional remedies or fines for violations
29 of this amendment, raise the applicable Minimum Wage rate,
30 reduce the tip credit, or extend coverage of the Minimum Wage
31 to employers or employees not covered by this amendment. The
120
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 state legislature may by statute or the state Agency for
2 Workforce Innovation may by regulation adopt any measures
3 appropriate for the implementation of this amendment. This
4 amendment provides for payment of a minimum wage and shall not
5 be construed to preempt or otherwise limit the authority of
6 the state legislature or any other public body to adopt or
7 enforce any other law, regulation, requirement, policy or
8 standard that provides for payment of higher or supplemental
9 wages or benefits, or that extends such protections to
10 employers or employees not covered by this amendment. It is
11 intended that case law, administrative interpretations, and
12 other guiding standards developed under the federal FLSA shall
13 guide the construction of this amendment and any implementing
14 statutes or regulations.
15 (g) SEVERABILITY. If any part of this amendment, or
16 the application of this amendment to any person or
17 circumstance, is held invalid, the remainder of this
18 amendment, including the application of such part to other
19 persons or circumstances, shall not be affected by such a
20 holding and shall continue in full force and effect. To this
21 end, the parts of this amendment are severable.
22 SECTION 21 25. Patients' right to know about adverse
23 medical incidents.--
24 (a) In addition to any other similar rights provided
25 herein or by general law, patients have a right to have access
26 to any records made or received in the course of business by a
27 health care facility or provider relating to any adverse
28 medical incident.
29 (b) In providing such access, the identity of patients
30 involved in the incidents shall not be disclosed, and any
31
121
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 privacy restrictions imposed by federal law shall be
2 maintained.
3 (c) For purposes of this section, the following terms
4 have the following meanings:
5 (1) The phrases "health care facility" and "health
6 care provider" have the meaning given in general law related
7 to a patient's rights and responsibilities.
8 (2) The term "patient" means an individual who has
9 sought, is seeking, is undergoing, or has undergone care or
10 treatment in a health care facility or by a health care
11 provider.
12 (3) The phrase "adverse medical incident" means
13 medical negligence, intentional misconduct, and any other act,
14 neglect, or default of a health care facility or health care
15 provider that caused or could have caused injury to or death
16 of a patient, including, but not limited to, those incidents
17 that are required by state or federal law to be reported to
18 any governmental agency or body, and incidents that are
19 reported to or reviewed by any health care facility peer
20 review, risk management, quality assurance, credentials, or
21 similar committee, or any representative of any such
22 committees.
23 (4) The phrase "have access to any records" means, in
24 addition to any other procedure for producing such records
25 provided by general law, making the records available for
26 inspection and copying upon formal or informal request by the
27 patient or a representative of the patient, provided that
28 current records which have been made publicly available by
29 publication or on the Internet may be "provided" by reference
30 to the location at which the records are publicly available.
31
122
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 22 26. Prohibition of medical license after
2 repeated medical malpractice.--
3 (a) No person who has been found to have committed
4 three or more incidents of medical malpractice shall be
5 licensed or continue to be licensed by the State of Florida to
6 provide health care services as a medical doctor.
7 (b) For purposes of this section, the following terms
8 have the following meanings:
9 (1) The phrase "medical malpractice" means both the
10 failure to practice medicine in Florida with that level of
11 care, skill, and treatment recognized in general law related
12 to health care providers' licensure, and any similar wrongful
13 act, neglect, or default in other states or countries which,
14 if committed in Florida, would have been considered medical
15 malpractice.
16 (2) The phrase "found to have committed" means that
17 the malpractice has been found in a final judgment of a court
18 of law, final administrative agency decision, or decision of
19 binding arbitration.
20
21 ARTICLE XI
22 AMENDMENTS
23
24 SECTION 1. Proposal by legislature.--Amendment of a
25 section or revision of one or more articles, or the whole, of
26 this constitution may be proposed by joint resolution agreed
27 to by three-fifths of the membership of each house of the
28 legislature. The full text of the joint resolution and the
29 vote of each member voting shall be entered on the journal of
30 each house.
31 SECTION 2. Revision commission.--
123
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (a) Within thirty days before the convening of the
2 2017 regular session of the legislature, and each twentieth
3 year thereafter, there shall be established a constitution
4 revision commission composed of the following thirty-seven
5 members:
6 (1) The attorney general of the state;
7 (2) Fifteen members selected by the governor;
8 (3) Nine members selected by the speaker of the house
9 of representatives and nine members selected by the president
10 of the senate; and
11 (4) Three members selected by the Chief Justice of the
12 Supreme Court of Florida with the advice of the justices.
13 (b) The governor shall designate one member of the
14 commission as its chair. Vacancies in the membership of the
15 commission shall be filled in the same manner as the original
16 appointments.
17 (c) Each constitution revision commission shall
18 convene at the call of its chair, adopt its rules of
19 procedure, examine the constitution of the state, hold public
20 hearings, and, not later than one hundred eighty days prior to
21 the next general election, file with the custodian of state
22 records its proposal, if any, of a revision of this
23 constitution or any part of it.
24 SECTION 3. Initiative.--The power to propose the
25 revision or amendment of any portion or portions of this
26 constitution by initiative is reserved to the people, provided
27 that, any such revision or amendment, except for those
28 limiting the power of government to raise revenue, shall
29 embrace but one subject and matter directly connected
30 therewith. It may be invoked by filing with the custodian of
31 state records a petition containing a copy of the proposed
124
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 revision or amendment, signed by a number of electors in each
2 of one half of the congressional districts of the state, and
3 of the state as a whole, equal to eight percent of the votes
4 cast in each of such districts respectively and in the state
5 as a whole in the last preceding election in which
6 presidential electors were chosen.
7 SECTION 4. Constitutional convention.--
8 (a) The power to call a convention to consider a
9 revision of the entire constitution is reserved to the people.
10 It may be invoked by filing with the custodian of state
11 records a petition, containing a declaration that a
12 constitutional convention is desired, signed by a number of
13 electors in each of one half of the congressional districts of
14 the state, and of the state as a whole, equal to fifteen
15 percent per cent of the votes cast in each such district
16 respectively and in the state as a whole in the last preceding
17 election of presidential electors.
18 (b) At the next general election held more than ninety
19 days after the filing of such petition, there shall be
20 submitted to the electors of the state the question: "Shall a
21 constitutional convention be held?" If a majority voting on
22 the question votes in the affirmative, at the next succeeding
23 general election there shall be elected from each
24 representative district a member of a constitutional
25 convention. On the twenty-first day following that election,
26 the convention shall sit at the capital, elect officers, adopt
27 rules of procedure, judge the election of its membership, and
28 fix a time and place for its future meetings. Not later than
29 ninety days before the next succeeding general election, the
30 convention shall cause to be filed with the custodian of state
31 records any revision of this constitution proposed by it.
125
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 5. Amendment or revision election.--
2 (a) A proposed amendment to or revision of this
3 constitution, or any part of it, shall be submitted to the
4 electors at the next general election held more than ninety
5 days after the joint resolution or report of revision
6 commission, constitutional convention, or taxation and budget
7 reform commission proposing it is filed with the custodian of
8 state records, unless, pursuant to law enacted by the
9 affirmative vote of three-fourths of the membership of each
10 house of the legislature and limited to a single amendment or
11 revision, it is submitted at an earlier special election held
12 more than ninety days after such filing.
13 (b) A proposed amendment or revision of this
14 constitution, or any part of it, by initiative shall be
15 submitted to the electors at the general election provided the
16 initiative petition is filed with the custodian of state
17 records no later than February 1 of the year in which the
18 general election is held.
19 (c) The legislature shall provide by general law,
20 prior to the holding of an election pursuant to this section,
21 for the provision of a statement to the public regarding the
22 probable financial impact of any amendment proposed by
23 initiative pursuant to section 3.
24 (d) Once in the tenth week, and once in the sixth week
25 immediately preceding the week in which the election is held,
26 the proposed amendment or revision, with notice of the date of
27 election at which it will be submitted to the electors, shall
28 be published in one newspaper of general circulation in each
29 county in which a newspaper is published.
30 (e) If the proposed amendment or revision is approved
31 by vote of the electors, it shall be effective as an amendment
126
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 to or revision of the constitution of the state on the first
2 Tuesday after the first Monday in January following the
3 election, or on such other date as may be specified in the
4 amendment or revision.
5 SECTION 6. Taxation and budget reform commission.--
6 (a) Beginning in 2007 and each twentieth year
7 thereafter, there shall be established a taxation and budget
8 reform commission composed of the following members:
9 (1) Eleven members selected by the governor, none of
10 whom shall be a member of the legislature at the time of
11 appointment.
12 (2) Seven members selected by the speaker of the house
13 of representatives and seven members selected by the president
14 of the senate, none of whom shall be a member of the
15 legislature at the time of appointment.
16 (3) Four nonvoting non-voting ex officio members, all
17 of whom shall be members of the legislature at the time of
18 appointment. Two of these members, one of whom shall be a
19 member of the minority party in the house of representatives,
20 shall be selected by the speaker of the house of
21 representatives, and two of these members, one of whom shall
22 be a member of the minority party in the senate, shall be
23 selected by the president of the senate.
24 (b) Vacancies in the membership of the commission
25 shall be filled in the same manner as the original
26 appointments.
27 (c) At its initial meeting, the members of the
28 commission shall elect a member who is not a member of the
29 legislature to serve as chair and the commission shall adopt
30 its rules of procedure. Thereafter, the commission shall
31 convene at the call of the chair. An affirmative vote of two
127
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 thirds of the full commission shall be necessary for any
2 revision of this constitution or any part of it to be proposed
3 by the commission.
4 (d) The commission shall examine the state budgetary
5 process, the revenue needs and expenditure processes of the
6 state, the appropriateness of the tax structure of the state,
7 and governmental productivity and efficiency; review policy as
8 it relates to the ability of state and local government to tax
9 and adequately fund governmental operations and capital
10 facilities required to meet the state's needs during the next
11 twenty year period; determine methods favored by the citizens
12 of the state to fund the needs of the state, including
13 alternative methods for raising sufficient revenues for the
14 needs of the state; determine measures that could be
15 instituted to effectively gather funds from existing tax
16 sources; examine constitutional limitations on taxation and
17 expenditures at the state and local level; and review the
18 state's comprehensive planning, budgeting, and needs
19 assessment processes to determine whether the resulting
20 information adequately supports a strategic decisionmaking
21 process.
22 (e) The commission shall hold public hearings as it
23 deems necessary to carry out its responsibilities under this
24 section. The commission shall issue a report of the results of
25 the review carried out, and propose to the legislature any
26 recommended statutory changes related to the taxation or
27 budgetary laws of the state. Not later than one hundred eighty
28 days prior to the next general election in the second year
29 following the year in which the commission is established, the
30 commission shall file with the custodian of state records its
31 proposal, if any, of a revision of this constitution or any
128
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 part of it dealing with taxation or the state budgetary
2 process.
3 SECTION 7. Tax or fee limitation.--Notwithstanding
4 Article X, section 10(d) 12(d) of this constitution, no new
5 state tax or fee shall be imposed on or after November 8,
6 1994, by any amendment to this constitution unless the
7 proposed amendment is approved by not fewer than two-thirds of
8 the voters voting in the election in which such proposed
9 amendment is considered. For purposes of this section, the
10 phrase "new state tax or fee" shall mean any tax or fee that
11 which would produce revenue subject to lump sum or other
12 appropriation by the legislature, either for the state general
13 revenue fund or any trust fund, which tax or fee is not in
14 effect on November 7, 1994, including without limitation such
15 taxes and fees as are the subject of proposed constitutional
16 amendments appearing on the ballot on November 8, 1994. This
17 section shall apply to proposed constitutional amendments
18 relating to state taxes or fees that which appear on the
19 November 8, 1994, ballot, or later ballots, and any such
20 proposed amendment that which fails to gain the two-thirds
21 vote required hereby shall be null, void, and without effect.
22
23 ARTICLE XII
24 SCHEDULE
25 SECTION 1. Constitution of 1885 superseded.--Articles
26 I through IV, VII, and IX through XX of the Constitution of
27 Florida adopted in 1885, as amended from time to time, are
28 superseded by this revision except those sections expressly
29 retained and made a part of this revision by reference.
30 SECTION 2. Property taxes; millages.--Tax millages
31 authorized in counties, municipalities, and special districts,
129
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 on the date this revision becomes effective, may be continued
2 until reduced by law.
3 SECTION 3. Officers to continue in office.--Every
4 person holding office when this revision becomes effective
5 shall continue in office for the remainder of the term if that
6 office is not abolished. If the office is abolished the
7 incumbent shall be paid adequate compensation, to be fixed by
8 law, for the loss of emoluments for the remainder of the term.
9 SECTION 4. State commissioner of education.--The state
10 superintendent of public instruction in office on the
11 effective date of this revision shall become and, for the
12 remainder of the term being served, shall be the commissioner
13 of education.
14 SECTION 3 5. Superintendent of schools.--
15 (a) On the effective date of this revision the county
16 superintendent of public instruction of each county shall
17 become and, for the remainder of the term being served, shall
18 be the superintendent of schools of that district.
19 (b) The method of selection of the county
20 superintendent of public instruction of each county, as
21 provided by or under the constitution of 1885, as amended,
22 shall apply to the selection of the district superintendent of
23 schools until changed as herein provided.
24 SECTION 4 6. Laws preserved.--
25 (a) All laws in effect upon the adoption of this
26 revision, to the extent not inconsistent with it, shall remain
27 in force until they expire by their terms or are repealed.
28 (b) All statutes that which, under the constitution of
29 1885, as amended, apply to the state superintendent of public
30 instruction and those that which apply to the county
31 superintendent of public instruction shall under this revision
130
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 apply, respectively, to the state commissioner of education
2 and the district superintendent of schools.
3 SECTION 5 7. Rights reserved.--
4 (a) All actions, rights of action, claims, contracts,
5 and obligations of individuals, corporations, and public
6 bodies or agencies existing on the date this revision becomes
7 effective shall continue to be valid as if this revision had
8 not been adopted. All taxes, penalties, fines and forfeitures
9 owing to the state under the constitution of 1885, as amended,
10 shall inure to the state under this revision, and all
11 sentences as punishment for crime shall be executed according
12 to their terms.
13 (b) This revision shall not be retroactive so as to
14 create any right or liability that which did not exist under
15 the constitution of 1885, as amended, based upon matters
16 occurring prior to the adoption of this revision.
17 SECTION 6 8. Public debts recognized.--All bonds,
18 revenue certificates, revenue bonds, and tax anticipation
19 certificates issued pursuant to the constitution of 1885, as
20 amended by the state, any agency, political subdivision, or
21 public corporation of the state shall remain in full force and
22 effect and shall be secured by the same sources of revenue as
23 before the adoption of this revision, and, to the extent
24 necessary to effectuate this section, the applicable
25 provisions of the constitution of 1885, as amended, are
26 retained as a part of this revision until payment in full of
27 these public securities.
28 SECTION 7 9. Bonds.--
29 (a) ADDITIONAL SECURITIES.--
30 (1) Article IX, section 17, of the constitution of
31 1885, as amended, as it existed immediately before this
131
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 Constitution, as revised in 1968, became effective, is adopted
2 by this reference as a part of this revision as completely as
3 though incorporated herein verbatim, except revenue bonds,
4 revenue certificates, or other evidences of indebtedness
5 hereafter issued thereunder may be issued by the agency of the
6 state so authorized by law.
7 (2)a. That portion of Article XII, section 7(a), 9,
8 Subsection (a) of this Constitution, as amended, which by
9 reference adopted Article XII, section 19, of the constitution
10 of 1885, as amended, as the same existed immediately before
11 the effective date of this amendment is adopted by this
12 reference as part of this revision as completely as though
13 incorporated herein verbatim, for the purpose of providing
14 that after the effective date of this amendment all of the
15 proceeds of the revenues derived from the gross receipts
16 taxes, as therein defined, collected in each year shall be
17 applied as provided therein to the extent necessary to comply
18 with all obligations to or for the benefit of holders of bonds
19 or certificates issued before the effective date of this
20 amendment or any refundings thereof that which are secured by
21 such gross receipts taxes. No bonds or other obligations may
22 be issued pursuant to the provisions of Article XII, section
23 19, of the constitution of 1885, as amended, but this
24 provision shall not be construed to prevent the refunding of
25 any such outstanding bonds or obligations pursuant to the
26 provisions of this paragraph subsection (a)(2).
27 b. Subject to the requirements of subparagraph a. the
28 first paragraph of this subsection (a)(2), beginning July 1,
29 1975, all of the proceeds of the revenues derived from the
30 gross receipts taxes collected from every person, including
31 municipalities, as provided and levied pursuant to the
132
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 provisions of chapter 203, Florida Statutes, as such chapter
2 is amended from time to time, shall, as collected, be placed
3 in a trust fund to be known as the "public education capital
4 outlay and debt service trust fund" in the state treasury
5 (hereinafter referred to as "capital outlay fund"), and used
6 only as provided herein.
7 c. The capital outlay fund shall be administered by
8 the state board of education as created and constituted by
9 Article IX, section 2, of Article IX of this the constitution
10 of Florida as revised in 1968 (hereinafter referred to as
11 "state board"), or by such other instrumentality of the state
12 that which shall hereafter succeed by law to the powers,
13 duties, and functions of the state board, including the
14 powers, duties, and functions of the state board provided in
15 this paragraph subsection (a)(2). The state board shall be a
16 body corporate and shall have all the powers provided herein
17 in addition to all other constitutional and statutory powers
18 related to the purposes of this paragraph subsection (a)(2)
19 heretofore or hereafter conferred by law upon the state board,
20 or its predecessor created by the constitution of 1885, as
21 amended.
22 d. State bonds pledging the full faith and credit of
23 the state may be issued, without a vote of the electors, by
24 the state board pursuant to law to finance or refinance
25 capital projects theretofore authorized by the legislature,
26 and any purposes appurtenant or incidental thereto, for the
27 state system of public education provided for in Article IX,
28 section 1, of Article IX of this constitution (hereinafter
29 referred to as "state system"), including but not limited to
30 institutions of higher learning, community colleges,
31 vocational technical schools, or public schools, as now
133
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 defined or as may hereafter be defined by law. All such bonds
2 shall mature not later than thirty years after the date of
3 issuance thereof. All other details of such bonds shall be as
4 provided by law or by the proceedings authorizing such bonds;
5 provided, however, that no bonds, except refunding bonds,
6 shall be issued, and no proceeds shall be expended for the
7 cost of any capital project, unless such project has been
8 authorized by the legislature.
9 e. Bonds issued pursuant to this paragraph subsection
10 (a)(2) shall be primarily payable from such revenues derived
11 from gross receipts taxes, and shall be additionally secured
12 by the full faith and credit of the state. No such bonds shall
13 ever be issued in an amount exceeding ninety percent of the
14 amount that which the state board determines can be serviced
15 by the revenues derived from the gross receipts taxes accruing
16 thereafter under the provisions of this paragraph subsection
17 (a)(2), and such determination shall be conclusive.
18 f. The moneys in the capital outlay fund in each
19 fiscal year shall be used only for the following purposes and
20 in the following order of priority:
21 1.a. For the payment of the principal of and interest
22 on any bonds due in such fiscal year;
23 2.b. For the deposit into any reserve funds provided
24 for in the proceedings authorizing the issuance of bonds of
25 any amounts required to be deposited in such reserve funds in
26 such fiscal year;
27 3.c. For direct payment of the cost or any part of the
28 cost of any capital project for the state system theretofore
29 authorized by the legislature, or for the purchase or
30 redemption of outstanding bonds in accordance with the
31 provisions of the proceedings that which authorized the
134
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 issuance of such bonds, or for the purpose of maintaining,
2 restoring, or repairing existing public educational
3 facilities.
4 (b) REFUNDING BONDS.--Revenue bonds to finance the
5 cost of state capital projects issued prior to the date this
6 revision becomes effective, including projects of the Florida
7 state turnpike authority or its successor but excluding all
8 portions of the state highway system, may be refunded as
9 provided by law without vote of the electors at a lower net
10 average interest cost rate by the issuance of bonds maturing
11 not later than the obligations refunded, secured by the same
12 revenues only.
13 (c) MOTOR VEHICLE FUEL TAXES.--
14 (1) A state tax, designated "second gas tax," of two
15 cents per gallon upon gasoline and other like products of
16 petroleum and an equivalent tax upon other sources of energy
17 used to propel motor vehicles as levied by Article IX, section
18 16, of the constitution of 1885, as amended, is hereby
19 continued. The proceeds of said tax shall be placed monthly in
20 the state roads distribution fund in the state treasury.
21 (2) Article IX, section 16, of the constitution of
22 1885, as amended, is adopted by this reference as a part of
23 this revision as completely as though incorporated herein
24 verbatim for the purpose of providing that after the effective
25 date of this revision the proceeds of the "second gas tax" as
26 referred to therein shall be allocated among the several
27 counties in accordance with the formula stated therein to the
28 extent necessary to comply with all obligations to or for the
29 benefit of holders of bonds, revenue certificates, and tax
30 anticipation certificates or any refundings thereof secured by
31 any portion of the "second gas tax."
135
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 (3) No funds anticipated to be allocated under the
2 formula stated in Article IX, section 16, of the constitution
3 of 1885, as amended, shall be pledged as security for any
4 obligation hereafter issued or entered into, except that any
5 outstanding obligations previously issued pledging revenues
6 allocated under said Article IX, section 16, may be refunded
7 at a lower average net interest cost rate by the issuance of
8 refunding bonds, maturing not later than the obligations
9 refunded, secured by the same revenues and any other security
10 authorized in paragraph (5) of this subsection.
11 (4) Subject to the requirements of paragraph (2) of
12 this subsection and after payment of administrative expenses,
13 the "second gas tax" shall be allocated to the account of each
14 of the several counties in the amounts to be determined as
15 follows: There shall be an initial allocation of one-fourth in
16 the ratio of county area to state area, one-fourth in the
17 ratio of the total county population to the total population
18 of the state in accordance with the latest available federal
19 census, and one-half in the ratio of the total "second gas
20 tax" collected on retail sales or use in each county to the
21 total collected in all counties of the state during the
22 previous fiscal year. If the annual debt service requirements
23 of any obligations issued for any county, including any
24 deficiencies for prior years, secured under paragraph (2) of
25 this subsection, exceeds the amount that which would be
26 allocated to that county under the formula set out in this
27 paragraph, the amounts allocated to other counties shall be
28 reduced proportionately.
29 (5) Funds allocated under paragraphs (2) and (4) of
30 this subsection shall be administered by the state board of
31 administration created under Article IV, section 4. The board
136
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 shall remit the proceeds of the "second gas tax" in each
2 county account for use in said county as follows: eighty
3 percent per cent to the state agency supervising the state
4 road system and twenty percent per cent to the governing body
5 of the county. The percentage allocated to the county may be
6 increased by general law. The proceeds of the "second gas tax"
7 subject to allocation to the several counties under this
8 paragraph (5) shall be used first, for the payment of
9 obligations pledging revenues allocated pursuant to Article
10 IX, section 16, of the constitution of 1885, as amended, and
11 any refundings thereof; second, for the payment of debt
12 service on bonds issued as provided by this paragraph (5) to
13 finance the acquisition and construction of roads as defined
14 by law; and third, for the acquisition and construction of
15 roads and for road maintenance as authorized by law. When
16 authorized by law, state bonds pledging the full faith and
17 credit of the state may be issued without any election to:
18 a. (i) to Refund obligations secured by any portion of
19 the "second gas tax" allocated to a county under Article IX,
20 section 16, of the constitution of 1885, as amended.;
21 b. (ii) to Finance the acquisition and construction of
22 roads in a county when approved by the governing body of the
23 county and the state agency supervising the state road
24 system.;
25 c. and (iii) to Refund obligations secured by any
26 portion of the "second gas tax" allocated under paragraph
27 9(c)(4).
28
29 No such bonds shall be issued unless a state fiscal agency
30 created by law has made a determination that in no state
31 fiscal year will the debt service requirements of the bonds
137
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 and all other bonds secured by the pledged portion of the
2 "second gas tax" allocated to the county exceed seventy-five
3 percent per cent of the pledged portion of the "second gas
4 tax" allocated to that county for the preceding state fiscal
5 year, of the pledged net tolls from existing facilities
6 collected in the preceding state fiscal year, and of the
7 annual average net tolls anticipated during the first five
8 state fiscal years of operation of new projects to be
9 financed, and of any other legally available pledged revenues
10 collected in the preceding state fiscal year. Bonds issued
11 pursuant to this subsection shall be payable primarily from
12 the pledged tolls, the pledged portions of the "second gas
13 tax" allocated to that county, and any other pledged revenue,
14 and shall mature not later than forty years from the date of
15 issuance.
16 (d) SCHOOL BONDS.--
17 (1) Article XII, section 7(d), 9, Subsection (d) of
18 this constitution, as amended, (which, by reference, adopted
19 Article XII, section 18, of the constitution of 1885, as
20 amended), as the same existed immediately before the effective
21 date of this amendment is adopted by this reference as part of
22 this amendment as completely as though incorporated herein
23 verbatim, for the purpose of providing that after the
24 effective date of this amendment the first proceeds of the
25 revenues derived from the licensing of motor vehicles as
26 referred to therein shall be distributed annually among the
27 several counties in the ratio of the number of instruction
28 units in each county, the same being coterminous coterminus
29 with the school district of each county as provided in Article
30 IX, section 4(a), 4, Subsection (a) of this constitution, in
31 each year computed as provided therein to the extent necessary
138
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 to comply with all obligations to or for the benefit of
2 holders of bonds or motor vehicle tax anticipation
3 certificates issued before the effective date of this
4 amendment or any refundings thereof that which are secured by
5 any portion of such revenues derived from the licensing of
6 motor vehicles.
7 (2) No funds anticipated to be distributed annually
8 among the several counties under the formula stated in Article
9 XII, section 7(d), 9, Subsection (d) of this constitution, as
10 amended, as the same existed immediately before the effective
11 date of this amendment shall be pledged as security for any
12 obligations hereafter issued or entered into, except that any
13 outstanding obligations previously issued pledging such funds
14 may be refunded by the issuance of refunding bonds.
15 (3) Subject to the requirements of paragraph (d)(1)
16 paragraph (1) of this subsection (d) beginning July 1, 1973,
17 the first proceeds of the revenues derived from the licensing
18 of motor vehicles (hereinafter called "motor vehicle license
19 revenues") to the extent necessary to comply with the
20 provisions of this amendment, shall, as collected, be placed
21 monthly in the school district and community college district
22 capital outlay and debt service fund in the state treasury and
23 used only as provided in this amendment. Such revenue shall be
24 distributed annually among the several school districts and
25 community college districts in the ratio of the number of
26 instruction units in each school district or community college
27 district in each year computed as provided herein. The amount
28 of the first motor vehicle license revenues to be so set aside
29 in each year and distributed as provided herein shall be an
30 amount equal in the aggregate to the product of six hundred
31 dollars ($600) multiplied by the total number of instruction
139
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 units in all the school districts of Florida for the school
2 fiscal year 1967-68, plus an amount equal in the aggregate to
3 the product of eight hundred dollars ($800) multiplied by the
4 total number of instruction units in all the school districts
5 of Florida for the school fiscal year 1972-73 and for each
6 school fiscal year thereafter that which is in excess of the
7 total number of such instruction units in all the school
8 districts of Florida for the school fiscal year 1967-68, such
9 excess units being designated "growth units." The amount of
10 the first motor vehicle license revenues to be so set aside in
11 each year and distributed as provided herein shall
12 additionally be an amount equal in the aggregate to the
13 product of four hundred dollars ($400) multiplied by the total
14 number of instruction units in all community college districts
15 of Florida. The number of instruction units in each school
16 district or community college district in each year for the
17 purposes of this amendment shall be the greater of:
18 a.(1) The number of instruction units in each school
19 district for the school fiscal year 1967-68 or community
20 college district for the school fiscal year 1968-69 computed
21 in the manner heretofore provided by general law; ,or
22 b.(2) The number of instruction units in such school
23 district, including growth units, or community college
24 district for the school fiscal year computed in the manner
25 heretofore or hereafter provided by general law and approved
26 by the state board of education (hereinafter called the state
27 board);, or
28 c.(3) The number of instruction units in each school
29 district, including growth units, or community college
30 district on behalf of which the state board has issued bonds
31 or motor vehicle license revenue anticipation certificates
140
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 under this amendment that which will produce sufficient
2 revenues under this amendment to equal one and
3 twelve-hundredths (1.12) times the aggregate amount of
4 principal of and interest on all bonds or motor vehicle
5 license revenue anticipation certificates issued under this
6 amendment that which will mature and become due in such year,
7 computed in the manner heretofore or hereafter provided by
8 general law and approved by the state board.
9 (4) Such funds so distributed shall be administered by
10 the state board as now created and constituted by Article IX,
11 section 2, of Article IX of this the State constitution as
12 revised in 1968, or by such other instrumentality of the state
13 that which shall hereafter succeed by law to the powers,
14 duties, and functions of the state board, including the
15 powers, duties, and functions of the state board provided in
16 this amendment. For the purposes of this amendment, said state
17 board shall be a body corporate and shall have all the powers
18 provided in this amendment in addition to all other
19 constitutional and statutory powers related to the purposes of
20 this amendment heretofore or hereafter conferred upon said
21 state board.
22 (5) The state board shall, in addition to its other
23 constitutional and statutory powers, have the management,
24 control, and supervision of the proceeds of the first motor
25 vehicle license revenues provided for in this subsection (d).
26 The state board shall also have power, for the purpose of
27 obtaining funds for the use of any school board of any school
28 district or board of trustees of any community college
29 district in acquiring, building, constructing, altering,
30 remodeling, improving, enlarging, furnishing, equipping,
31 maintaining, renovating, or repairing of capital outlay
141
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 projects for school purposes to issue bonds or motor vehicle
2 license revenue anticipation certificates, and also to issue
3 such bonds or motor vehicle license revenue anticipation
4 certificates to pay, fund, or refund any bonds or motor
5 vehicle license revenue anticipation certificates theretofore
6 issued by said state board. All such bonds or motor vehicle
7 license revenue anticipation certificates shall bear interest
8 at not exceeding the rate provided by general law and shall
9 mature not later than thirty years after the date of issuance
10 thereof. The state board shall have power to determine all
11 other details of the bonds or motor vehicle license revenue
12 anticipation certificates and to sell in the manner provided
13 by general law, or exchange the bonds or motor vehicle license
14 revenue anticipation certificates, upon such terms and
15 conditions as the state board shall provide.
16 (6) The state board shall also have power to pledge
17 for the payment of the principal of and interest on such bonds
18 or motor vehicle license revenue anticipation certificates,
19 including refunding bonds or refunding motor vehicle license
20 revenue anticipation certificates, all or any part from the
21 motor vehicle license revenues provided for in this amendment
22 and to enter into any covenants and other agreements with the
23 holders of such bonds or motor vehicle license revenue
24 anticipation certificates at the time of the issuance thereof
25 concerning the security thereof and the rights of the holders
26 thereof, all of which covenants and agreements shall
27 constitute legally binding and irrevocable contracts with such
28 holders and shall be fully enforceable by such holders in any
29 court of competent jurisdiction.
30 (7) No such bonds or motor vehicle license revenue
31 anticipation certificates shall ever be issued by the state
142
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 board, except to refund outstanding bonds or motor vehicle
2 license revenue anticipation certificates, until after the
3 adoption of a resolution requesting the issuance thereof by
4 the school board of the school district or board of trustees
5 of the community college district on behalf of which the
6 obligations are to be issued. The state board of education
7 shall limit the amount of such bonds or motor vehicle license
8 revenue anticipation certificates that which can be issued on
9 behalf of any school district or community college district to
10 ninety percent (90%) of the amount that which it determines
11 can be serviced by the revenue accruing to the school district
12 or community college district under the provisions of this
13 amendment, and shall determine the reasonable allocation of
14 the interest savings from the issuance of refunding bonds or
15 motor vehicle license revenue anticipation certificates, and
16 such determinations shall be conclusive. All such bonds or
17 motor vehicle license revenue anticipation certificates shall
18 be issued in the name of the state board of education but
19 shall be issued for and on behalf of the school board of the
20 school district or board of trustees of the community college
21 district requesting the issuance thereof, and no election or
22 approval of qualified electors shall be required for the
23 issuance thereof.
24 (8) The state board shall in each year use the funds
25 distributable pursuant to this amendment to the credit of each
26 school district or community college district only in the
27 following manner and in order of priority:
28 a. To comply with the requirements of paragraph (d)(1)
29 paragraph (1) of this subsection (d).
30 b. To pay all amounts of principal and interest due in
31 such year on any bonds or motor vehicle license revenue
143
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 anticipation certificates issued under the authority hereof,
2 including refunding bonds or motor vehicle license revenue
3 anticipation certificates, issued on behalf of the school
4 board of such school district or board of trustees of such
5 community college district; subject, however, to any covenants
6 or agreements made by the state board concerning the rights
7 between holders of different issues of such bonds or motor
8 vehicle license revenue anticipation certificates, as herein
9 authorized.
10 c. To establish and maintain a sinking fund or funds
11 to meet future requirements for debt service or reserves
12 therefor, on bonds or motor vehicle license revenue
13 anticipation certificates issued on behalf of the school board
14 of such school district or board of trustees of such community
15 college district under the authority hereof, whenever the
16 state board shall deem it necessary or advisable, and in such
17 amounts and under such terms and conditions as the state board
18 shall in its discretion determine.
19 d. To distribute annually to the several school boards
20 of the school districts or the boards of trustees of the
21 community college districts for use in payment of debt service
22 on bonds heretofore or hereafter issued by any such school
23 boards of the school districts or boards of trustees of the
24 community college districts where the proceeds of the bonds
25 were used, or are to be used, in the acquiring, building,
26 constructing, altering, remodeling, improving, enlarging,
27 furnishing, equipping, maintaining, renovating, or repairing
28 of capital outlay projects in such school districts or
29 community college districts and which capital outlay projects
30 have been approved by the school board of the school district
31 or board of trustees of the community college district,
144
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 pursuant to the most recent survey or surveys conducted under
2 regulations prescribed by the state board to determine the
3 capital outlay needs of the school district or community
4 college district. The state board shall have power at the time
5 of issuance of any bonds by any school board of any school
6 district or board of trustees of any community college
7 district to covenant and agree with such school board or board
8 of trustees as to the rank and priority of payments to be made
9 for different issues of bonds under this subparagraph d., and
10 may further agree that any amounts to be distributed under
11 this subparagraph d. may be pledged for the debt service on
12 bonds issued by any school board of any school district or
13 board of trustees of any community college district and for
14 the rank and priority of such pledge. Any such covenants or
15 agreements of the state board may be enforced by any holders
16 of such bonds in any court of competent jurisdiction.
17 e. To pay the expenses of the state board in
18 administering this subsection (d), which shall be prorated
19 among the various school districts and community college
20 districts and paid out of the proceeds of the bonds or motor
21 vehicle license revenue anticipation certificates or from the
22 funds distributable to each school district and community
23 college district on the same basis as such motor vehicle
24 license revenues are distributable to the various school
25 districts and community college districts.
26 f. To distribute annually to the several school boards
27 of the school districts or boards of trustees of the community
28 college districts for the payment of the cost of acquiring,
29 building, constructing, altering, remodeling, improving,
30 enlarging, furnishing, equipping, maintaining, renovating, or
31 repairing of capital outlay projects for school purposes in
145
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 such school district or community college district as shall be
2 requested by resolution of the school board of the school
3 district or board of trustees of the community college
4 district.
5 g. When all major capital outlay needs of a school
6 district or community college district have been met as
7 determined by the state board, on the basis of a survey made
8 pursuant to regulations of the state board and approved by the
9 state board, all such funds remaining shall be distributed
10 annually and used for such school purposes in such school
11 district or community college district as the school board of
12 the school district or board of trustees of the community
13 college district shall determine, or as may be provided by
14 general law.
15 (9) Capital outlay projects of a school district or
16 community college district shall be eligible to participate in
17 the funds accruing under this amendment and derived from the
18 proceeds of bonds and motor vehicle license revenue
19 anticipation certificates and from the motor vehicle license
20 revenues, only in the order of priority of needs, as shown by
21 a survey or surveys conducted in the school district or
22 community college district under regulations prescribed by the
23 state board, to determine the capital outlay needs of the
24 school district or community college district and approved by
25 the state board; provided that the priority of such projects
26 may be changed from time to time upon the request of the
27 school board of the school district or board of trustees of
28 the community college district and with the approval of the
29 state board; and provided, further, that this paragraph (9)
30 shall not in any manner affect any covenant, agreement, or
31 pledge made by the state board in the issuance by said state
146
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 board of any bonds or motor vehicle license revenue
2 anticipation certificates, or in connection with the issuance
3 of any bonds of any school board of any school district or
4 board of trustees of any community college district.
5 (10) The state board shall have power to make and
6 enforce all rules and regulations necessary to the full
7 exercise of the powers herein granted and no legislation shall
8 be required to render this amendment of full force and
9 operating effect. The legislature shall not reduce the levies
10 of said motor vehicle license revenues during the life of this
11 amendment to any degree that which will fail to provide the
12 full amount necessary to comply with the provisions of this
13 amendment and pay the necessary expenses of administering the
14 laws relating to the licensing of motor vehicles, and shall
15 not enact any law having the effect of withdrawing the
16 proceeds of such motor vehicle license revenues from the
17 operation of this amendment and shall not enact any law
18 impairing or materially altering the rights of the holders of
19 any bonds or motor vehicle license revenue anticipation
20 certificates issued pursuant to this amendment or impairing or
21 altering any covenant or agreement of the state board, as
22 provided in such bonds or motor vehicle license revenue
23 anticipation certificates.
24 (11) Bonds issued by the state board pursuant to this
25 subsection (d) shall be payable primarily from said motor
26 vehicle license revenues as provided herein, and if heretofore
27 or hereafter authorized by law, may be additionally secured by
28 pledging the full faith and credit of the state without an
29 election. When heretofore or hereafter authorized by law,
30 bonds issued pursuant to Article XII, section 18, of the
31 constitution of 1885, as amended prior to 1968, and bonds
147
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 issued pursuant to Article XII, section 7(d), 9, subsection
2 (d) of this the constitution as revised in 1968, and bonds
3 issued pursuant to this subsection (d), may be refunded by the
4 issuance of bonds additionally secured by the full faith and
5 credit of the state.
6 (e) DEBT LIMITATION.--Bonds issued pursuant to this
7 section 9 of Article XII that which are payable primarily from
8 revenues pledged pursuant to this section shall not be
9 included in applying the limits upon the amount of state bonds
10 contained in Section 11, Article VII, of this revision.
11 SECTION 8 10. Preservation of constitutional provision
12 as statute.--Article X, section 21 of the State Constitution
13 as it existed on November 6, 2006, shall become a statute. The
14 Division of Statutory Revision shall codify the provision in
15 the manner described in s. 11.242, Florida Statutes (2005).
16 The Division of Statutory Revision may make alterations to the
17 provision to reflect its status as statutory law, but the
18 effect of the provision must be preserved. Until January 2,
19 2015, the legislature may not modify, repeal, or act
20 inconsistent with the provision made statutory law except by a
21 three-fourths vote of the membership of each house.
22 Preservation of existing government.--All provisions of
23 Articles I through IV, VII and IX through XX of the
24 Constitution of 1885, as amended, not embraced herein which
25 are not inconsistent with this revision shall become statutes
26 subject to modification or repeal as are other statutes.
27 SECTION 9 11. Deletion of obsolete schedule
28 items.--The legislature shall have power, by joint resolution,
29 to delete from this article revision any section of this
30 Article XII, including this section, when all events to which
31 the section to be deleted is or could become applicable have
148
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 occurred. A legislative determination of fact made as a basis
2 for application of this section shall be subject to judicial
3 review.
4 SECTION 10 12. Senators.--The requirements of
5 staggered terms of senators in Article III, section 15(a), of
6 Article III of this revision shall apply only to senators
7 elected in November, 1972, and thereafter.
8 SECTION 11 13. Legislative apportionment.--The
9 requirements of legislative apportionment in Article III,
10 section 16, of Article III of this revision shall apply only
11 to the apportionment of the legislature following the
12 decennial census of 1970, and thereafter.
13 SECTION 12 14. Representatives; terms.--The
14 legislature at its first regular session following the
15 ratification of this revision, by joint resolution, shall
16 propose to the electors of the state for ratification or
17 rejection in the general election of 1970 an amendment to
18 Article III, section 15(b), of the constitution providing
19 staggered terms of four years for members of the house of
20 representatives.
21 SECTION 13 15. Special district taxes.--Ad valorem
22 taxing power vested by law in special districts existing when
23 this revision becomes effective shall not be abrogated by
24 Article VII, section 9(b) of Article VII herein, but such
25 powers, except to the extent necessary to pay outstanding
26 debts, may be restricted or withdrawn by law.
27 SECTION 16. Reorganization.--The requirement of
28 Section 6, Article IV of this revision shall not apply until
29 July 1, 1969.
30 SECTION 14 17. Conflicting provisions.--This schedule
31 is designed to effect the orderly transition of government
149
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 from the constitution of 1885, as amended, to this revision
2 and shall control in all cases of conflict with any part of
3 Article I through IV, VII, and IX through XI herein.
4 SECTION 18. Bonds for housing and related
5 facilities.--Section 16 of Article VII, providing for bonds
6 for housing and related facilities, shall take effect upon
7 approval by the electors.
8 SECTION 19. Renewable energy source property.--The
9 amendment to Section 3 of Article VII, relating to an
10 exemption for a renewable energy source device and real
11 property on which such device is installed, if adopted at the
12 special election in October 1980, shall take effect January 1,
13 1981.
14 SECTION 20. Access to public records.--Section 24 of
15 Article I, relating to access to public records, shall take
16 effect July 1, 1993.
17 SECTION 15 21. State revenue limitation.--The
18 amendment to Article VII, section 1, of Article VII limiting
19 state revenues shall take effect January 1, 1995, and shall
20 first be applicable to state fiscal year 1995-1996.
21 SECTION 16 22. Historic property exemption and
22 assessment.--The amendments to Article VII, Sections 3 and 4,
23 of Article VII relating to ad valorem tax exemption for, and
24 assessment of, historic property shall take effect January 1,
25 1999.
26 SECTION 17 23. Fish and wildlife conservation
27 commission.--
28 (a) The initial members of the commission shall be the
29 members of the game and fresh water fish commission and the
30 marine fisheries commission who are serving on those
31 commissions on the effective date of this amendment, who may
150
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 serve the remainder of their respective terms. New
2 appointments to the commission shall not be made until the
3 retirement, resignation, removal, or expiration of the terms
4 of the initial members results in fewer than seven members
5 remaining.
6 (b) The jurisdiction of the marine fisheries
7 commission as set forth in statutes in effect on March 1,
8 1998, shall be transferred to the fish and wildlife
9 conservation commission. The jurisdiction of the marine
10 fisheries commission transferred to the commission shall not
11 be expanded except as provided by general law. All rules of
12 the marine fisheries commission and game and fresh water fish
13 commission in effect on the effective date of this amendment
14 shall become rules of the fish and wildlife conservation
15 commission until superseded or amended by the commission.
16 (c) On the effective date of this amendment, the
17 marine fisheries commission and game and fresh water fish
18 commission shall be abolished.
19 (d) This amendment shall take effect July 1, 1999.
20 SECTION 18 24. Executive branch reform.--
21 (a) The amendments contained in this revision shall
22 take effect January 7, 2003, but shall govern with respect to
23 the qualifying for and the holding of primary elections in
24 2002. The office of chief financial officer shall be a new
25 office as a result of this revision.
26 (b) In the event the secretary of state is removed as
27 a cabinet office in the 1998 general election, the term
28 "custodian of state records" shall be substituted for the term
29 "secretary of state" throughout this the constitution and the
30 duties previously performed by the secretary of state shall be
31 as provided by law.
151
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 SECTION 25. Schedule to Article V amendment.--
2 (a) Commencing with fiscal year 2000-2001, the
3 legislature shall appropriate funds to pay for the salaries,
4 costs, and expenses set forth in the amendment to Section 14
5 of Article V pursuant to a phase-in schedule established by
6 general law.
7 (b) Unless otherwise provided herein, the amendment to
8 Section 14 shall be fully effectuated by July 1, 2004.
9 SECTION 19. Amendments adopted during the 2006 General
10 Election.--Any amendment to the State Constitution adopted
11 during the 2006 General Election shall be incorporated into
12 this revision as if the amendment originally had been included
13 in this revision.
14 BE IT FURTHER RESOLVED that the following statement be
15 placed on the ballot:
16 CONSTITUTIONAL AMENDMENT AND REVISIONS
17 ARTICLE X, SECTION 21
18 CRUEL AND INHUMANE CONFINEMENT OF PREGNANT
19 PIGS.--Proposing an amendment to the State Constitution to
20 remove from the constitution and transfer to the Florida
21 Statutes the provision that makes it unlawful to confine a pig
22 during pregnancy in such a way that the pig is prevented from
23 turning around freely; and to prohibit the Legislature from
24 modifying, repealing, or acting inconsistently with this
25 statute until January 2, 2015, except upon a three-fourths
26 vote of each house of the Legislature.
27 MULTIPLE ARTICLES
28 OBSOLETE, ERRONEOUS, AND UNCONSTITUTIONAL
29 PROVISIONS.--Proposing a revision of the State Constitution to
30 correct spelling errors, punctuation errors, and grammatical
31 errors, repeal obsolete provisions, repeal provisions that
152
CODING: Words stricken are deletions; words underlined are additions.
CS for SJR 1918 Second Engrossed
1 violate the United States Constitution, and make technical
2 changes; and to correct an erroneous filing date in Article
3 XI, section 6(e), which relates to the Taxation and Budget
4 Reform Commission.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
153
CODING: Words stricken are deletions; words underlined are additions.