Florida Senate - 2012                                    SJR 108
       
       
       
       By Senator Negron
       
       
       
       
       28-00012B-12                                           2012108__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 5
    3         of Article II and Sections 2, 5, and 6 of Article XI
    4         of the State Constitution to abolish the Constitution
    5         Revision Commission and Taxation and Budget Reform
    6         Commission, which are authorized to propose amendments
    7         to the State Constitution.
    8  
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following amendments to Section 5 of Article II
   12  and Sections 2, 5, and 6 of Article XI of the State Constitution
   13  are agreed to and shall be submitted to the electors of this
   14  state for approval or rejection at the next general election or
   15  at an earlier special election specifically authorized by law
   16  for that purpose:
   17                             ARTICLE II                            
   18                         GENERAL PROVISIONS                        
   19         SECTION 5. Public officers.—
   20         (a) No person holding any office of emolument under any
   21  foreign government, or civil office of emolument under the
   22  United States or any other state, shall hold any office of honor
   23  or of emolument under the government of this state. No person
   24  shall hold at the same time more than one office under the
   25  government of the state and the counties and municipalities
   26  therein, except that a notary public or military officer may
   27  hold another office, and any officer may be a member of a
   28  constitution revision commission, taxation and budget reform
   29  commission, constitutional convention, or statutory body having
   30  only advisory powers.
   31         (b) Each state and county officer, before entering upon the
   32  duties of the office, shall give bond as required by law, and
   33  shall swear or affirm:
   34  
   35         “I do solemnly swear (or affirm) that I will support,
   36  protect, and defend the Constitution and Government of the
   37  United States and of the State of Florida; that I am duly
   38  qualified to hold office under the Constitution of the state;
   39  and that I will well and faithfully perform the duties of
   40  ...(title of office)... on which I am now about to enter. So
   41  help me God.”,
   42  
   43  and thereafter shall devote personal attention to the duties of
   44  the office, and continue in office until a successor qualifies.
   45         (c) The powers, duties, compensation and method of payment
   46  of state and county officers shall be fixed by law.
   47                             ARTICLE XI                            
   48                             AMENDMENTS                            
   49         SECTION 2. Revision commission.—
   50         (a) Within thirty days before the convening of the 2017
   51  regular session of the legislature, and each twentieth year
   52  thereafter, there shall be established a constitution revision
   53  commission composed of the following thirty-seven members:
   54         (1) the attorney general of the state;
   55         (2) fifteen members selected by the governor;
   56         (3) nine members selected by the speaker of the house of
   57  representatives and nine members selected by the president of
   58  the senate; and
   59         (4) three members selected by the chief justice of the
   60  supreme court of Florida with the advice of the justices.
   61         (b) The governor shall designate one member of the
   62  commission as its chair. Vacancies in the membership of the
   63  commission shall be filled in the same manner as the original
   64  appointments.
   65         (c) Each constitution revision commission shall convene at
   66  the call of its chair, adopt its rules of procedure, examine the
   67  constitution of the state, hold public hearings, and, not later
   68  than one hundred eighty days prior to the next general election,
   69  file with the custodian of state records its proposal, if any,
   70  of a revision of this constitution or any part of it.
   71         SECTION 5. Amendment or revision election.—
   72         (a) A proposed amendment to or revision of this
   73  constitution, or any part of it, shall be submitted to the
   74  electors at the next general election held more than ninety days
   75  after the joint resolution or report of the revision commission,
   76  constitutional convention or taxation and budget reform
   77  commission proposing it is filed with the custodian of state
   78  records, unless, pursuant to law enacted by the affirmative vote
   79  of three-fourths of the membership of each house of the
   80  legislature and limited to a single amendment or revision, it is
   81  submitted at an earlier special election held more than ninety
   82  days after such filing.
   83         (b) A proposed amendment or revision of this constitution,
   84  or any part of it, by initiative shall be submitted to the
   85  electors at the general election provided the initiative
   86  petition is filed with the custodian of state records no later
   87  than February 1 of the year in which the general election is
   88  held.
   89         (c) The legislature shall provide by general law, prior to
   90  the holding of an election pursuant to this section, for the
   91  provision of a statement to the public regarding the probable
   92  financial impact of any amendment proposed by initiative
   93  pursuant to section 3.
   94         (d) Once in the tenth week, and once in the sixth week
   95  immediately preceding the week in which the election is held,
   96  the proposed amendment or revision, with notice of the date of
   97  election at which it will be submitted to the electors, shall be
   98  published in one newspaper of general circulation in each county
   99  in which a newspaper is published.
  100         (e) Unless otherwise specifically provided for elsewhere in
  101  this constitution, if the proposed amendment or revision is
  102  approved by vote of at least sixty percent of the electors
  103  voting on the measure, it shall be effective as an amendment to
  104  or revision of the constitution of the state on the first
  105  Tuesday after the first Monday in January following the
  106  election, or on such other date as may be specified in the
  107  amendment or revision.
  108         SECTION 6. Taxation and budget reform commission.—
  109         (a) Beginning in 2007 and each twentieth year thereafter,
  110  there shall be established a taxation and budget reform
  111  commission composed of the following members:
  112         (1) eleven members selected by the governor, none of whom
  113  shall be a member of the legislature at the time of appointment.
  114         (2) seven members selected by the speaker of the house of
  115  representatives and seven members selected by the president of
  116  the senate, none of whom shall be a member of the legislature at
  117  the time of appointment.
  118         (3) four non-voting ex officio members, all of whom shall
  119  be members of the legislature at the time of appointment. Two of
  120  these members, one of whom shall be a member of the minority
  121  party in the house of representatives, shall be selected by the
  122  speaker of the house of representatives, and two of these
  123  members, one of whom shall be a member of the minority party in
  124  the senate, shall be selected by the president of the senate.
  125         (b) Vacancies in the membership of the commission shall be
  126  filled in the same manner as the original appointments.
  127         (c) At its initial meeting, the members of the commission
  128  shall elect a member who is not a member of the legislature to
  129  serve as chair and the commission shall adopt its rules of
  130  procedure. Thereafter, the commission shall convene at the call
  131  of the chair. An affirmative vote of two thirds of the full
  132  commission shall be necessary for any revision of this
  133  constitution or any part of it to be proposed by the commission.
  134         (d) The commission shall examine the state budgetary
  135  process, the revenue needs and expenditure processes of the
  136  state, the appropriateness of the tax structure of the state,
  137  and governmental productivity and efficiency; review policy as
  138  it relates to the ability of state and local government to tax
  139  and adequately fund governmental operations and capital
  140  facilities required to meet the state’s needs during the next
  141  twenty year period; determine methods favored by the citizens of
  142  the state to fund the needs of the state, including alternative
  143  methods for raising sufficient revenues for the needs of the
  144  state; determine measures that could be instituted to
  145  effectively gather funds from existing tax sources; examine
  146  constitutional limitations on taxation and expenditures at the
  147  state and local level; and review the state’s comprehensive
  148  planning, budgeting and needs assessment processes to determine
  149  whether the resulting information adequately supports a
  150  strategic decisionmaking process.
  151         (e) The commission shall hold public hearings as it deems
  152  necessary to carry out its responsibilities under this section.
  153  The commission shall issue a report of the results of the review
  154  carried out, and propose to the legislature any recommended
  155  statutory changes related to the taxation or budgetary laws of
  156  the state. Not later than one hundred eighty days prior to the
  157  general election in the second year following the year in which
  158  the commission is established, the commission shall file with
  159  the custodian of state records its proposal, if any, of a
  160  revision of this constitution or any part of it dealing with
  161  taxation or the state budgetary process.
  162         BE IT FURTHER RESOLVED that the following statement be
  163  placed on the ballot:
  164                      CONSTITUTIONAL AMENDMENT                     
  165                        ARTICLE II, SECTION 5                      
  166                  ARTICLE XI, SECTIONS 2, 5, AND 6                 
  167         CONSTITUTION REVISION COMMISSION AND TAXATION AND BUDGET
  168  REFORM COMMISSION.—This proposed amendment to the State
  169  Constitution abolishes the Constitution Revision Commission and
  170  the Taxation and Budget Reform Commission, which are authorized
  171  to propose amendments or revisions to the State Constitution.
  172  Members of the commissions are not elected by the people, but
  173  are appointed by the Governor, the President of the Florida
  174  Senate, and the Speaker of the Florida House of Representatives.
  175  With respect to the Constitution Revision Commission, members
  176  are also appointed by the Chief Justice of the Florida Supreme
  177  Court.
  178         The State Constitution currently provides for these
  179  commissions to come into existence at 20-year intervals. The
  180  next Constitution Revision Commission is scheduled to convene in
  181  2017, and the next Taxation and Budget Reform Commission is
  182  scheduled to convene in 2027.
  183         This amendment does not affect the power of the people to
  184  propose initiatives to revise or amend the State Constitution or
  185  to call a constitutional convention or the power of the
  186  Legislature to propose amendments or revisions to the State
  187  Constitution.