Related Materials:

Supreme Court Opinion (338 So.2d 819)

{Retaining Public Disclosure Initiative on Ballot}

Supreme Court Opinion (338 So.2d 825)

{Retaining SJR 619 & 1398 on Ballot

"Florida State Constitutional Amendments to Be Voted on, November 2, 1976,"

by Larry Berkson, Manning J. Dauer, Clement H. Donovan, Richard Ellson, Juan Gonzalez.

Civic Information Series, No. 59, Public Administration Clearing Service,

University of Florida. 1976.

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HOUSE JOINT RESOLUTION NO. 1709

A JOINT RESOLUTION proposing an amendment to Section 12 of Article V of the State Constitution relating to discipline, removal and retirement of justices and judges.

That the amendment to Section 12 of Article V of the State Constitution set forth below is agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1976, or , if authorized by three-fourths of the membership of each house of the legislature, at a special election to be held March 9, 1976:

ARTICLE V

Section 12. Discipline; Removal and Retirement.

(a) There shall be a judicial qualifications commission vested with jurisdiction to investigate and recommend to the Supreme Court of Florida the removal from office of any justice or judge whose conduct, during term of office or otherw ise occurring on or after November 1, 1966, (without regard to the effective date of this section) demonstrates a present unfitness to hold office, and to investigate and recommend the reprimand of a justice or judge whose conduct, during term of office o r otherwise occurring on or after November 1, 1966 (without regard to the effective date of this section), warrants such a reprimand. The commission shall be composed of:

(1) Two judges of district courts of appeal selected by the judges of those courts, two circuit judges selected by the judges of the circuit courts and two judges of county courts selected by the judges of those courts;

(2) Two electors who reside in the state, who are members of the bar of Florida, and who shall be chosen by the governing body of the bar of Florida; and

(3) Five electors who reside in the state, who have never held judicial office or been members of the bar of Florida, and who shall be appointed by the governor.

(b) The members of the judicial qualifications commission shall serve staggered terms, not to exceed six years, as prescribed by general law. No member of the commission except a justice or judge shall be eligible for state judicial of fice so long as he is a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office or hold public office; provided that a judge may participate in his own campaign for judicial office and hold that office. The commission shall elect one of its members as its chairman.

(c) Members of the judicial qualifications commission not subject to impeachment shall be subject to removal from the commission pursuant to the provisions of Article IV, Section 7, Florida Constitution.

(d) The commission shall adopt rules regulating its proceedings, the filling of vacancies by the appointing authorities, the disqualification of members, and the temporary replacement of disqualified or incapacitated members. The commi ssion’s rules, or any part thereof, may be repealed by general law enacted by a majority vote of the membership of each house of the legislature, or by the supreme court, five justices concurring. Until formal charges against a justice or judge are filed by the commission with the clerk of the supreme court of Florida all proceedings by or before the commission shall be confidential; provided, however, upon a finding of probable cause and the filing by the commission with said clerk of such formal charge s against a justice or judge such charges and all further proceedings before the commission shall be public. The commission may with seven members concurring recommend to the supreme court the temporary suspension of any justice or judge against whom for mal charges are pending.

(e) The commission shall have access to all information from all executive, legislative and judicial agencies, including grand juries, subject to the rules of the commission. At any time, on request of the speaker of the house of repre sentatives or the governor, the commission shall make available all information in the possession of the commission for use in consideration of impeachment or suspension, respectively.

(f) Upon recommendation of two-thirds of the members of the judicial qualifications commission, the supreme court may order that the justice or judge be disciplined by appropriate reprimand, or be removed from office with termination of compensation for willful or persistent failure to perform his duties or for other conduct unbecoming a member of the judiciary demonstrating a present unfitness to hold office, or be involuntarily retired for any permanent disability that seriously inter feres with the performance of his duties. Malafides, scienter or moral turpitude on the part of a justice or judge shall not be required for removal from office of a justice or judge whose conduct demonstrates a present unfitness to hold office. After t he filing of a formal proceeding and upon request of the commission, the supreme court may suspend the justice or judge from office, with or without compensation, pending final determination of the inquiry.

(g) The power of removal conferred by this section shall be both alternative and cumulative to the power of impeachment and to the power of suspension by the governor and removal by the senate.

(h) Notwithstanding any of the foregoing provisions of this section, if the person who is the subject of proceedings by the judicial qualifications commission is a justice of the supreme court of Florida all justices of such court autom atically shall be disqualified to sit as justices of such court with respect to all proceedings therein concerning such person and the supreme court for such purposes shall be composed of a panel consisting of the seven chief judges of the judicial circui ts of the state of Florida most senior in tenure of judicial office as circuit judge. For purposes of determining seniority of such circuit judges in the event there be judges of equal tenure in judicial office as circuit judge the judge or judges from t he lower numbered circuit or circuits shall be deemed senior. In the event any such chief circuit judge is under investigation by the judicial qualifications commission or is otherwise disqualified or unable to serve on the panel, the next most senior ch ief circuit judge or judges shall serve in place of such disqualified or disabled chief circuit judge.

(i) Schedule to Section 12.

(1) The terms of office of the present members of the judicial qualifications commission shall expire on January 1, 1975, and new members shall be appointed to serve the following staggered terms:

a. Group I. The terms of five members, composed of two electors as set forth in Section 12(a)(3) of Article V, one member of the bar of Florida as set forth in Section 12(a)(2) of Article V, one judge from the district courts of appeal and one circuit judge as set forth in Section 12(a)(1) of Article V, shall expire on December 31, 1976.

b. Group II. The terms of four members, composed of one elector as set forth in Section 12(a)(3) of Article V, one member of the bar of Florida as set forth in Section 12(a)(2) of Article V, one circuit judge and one county judge as se t forth in Section 12(a)(1) of Article V, shall expire on December 31, 1978.

c. Group III. The terms of four members, composed of two electors as set forth in Section 12(a)(3) of Article V, one judge from the district courts of appeal and one county judge as set forth in Section 12(a)(1) of Article V, shall exp ire on December 31, 1980.

(2) The 1976 amendment to Section 12 of Article V, if submitted at a special election, shall take effect upon approval by the electors of Florida.

BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the substance of the amendment proposed herein shall appear on the ballot as follows:

Proposing an amendment to Section 12 of Article V of the State Constitution to provide that proceedings before the judicial qualifications commission shall be confidential until the filing of formal charges against a justice or judge wi th the Clerk of the Supreme Court, to require the judicial qualifications commission to make available all information in its possession upon request of the Speaker of the House of Representatives or the Governor, to provide that improper motive shall not be required for removal of a justice or judge whose conduct demonstrates unfitness to hold office, and to provide for service on the Supreme Court by certain chief judges of the judicial circuits, rather than justices of the Supreme Court, when the judic ial qualifications commission has undertaken proceedings against a justice of the Supreme Court.

Filed in Office Secretary of State May 30, 1975.

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HOUSE JOINT RESOLUTION NO. 291

A JOINT RESOLUTION proposing the creation of Section 14 of Article X of the State Constitution relating to state retirement systems.

That the creation of Section 14 of Article X of the State Constitution set forth below is agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1976:

ARTICLE X

MISCELLANEOUS

Section 14. State Retirement Systems Benefit Changes. A governmental unit responsible for any retirement or pension system supported in whole or in part by public funds shall not after January 1, 1977, provide any increase in the be nefits to the members or beneficiaries of such system unless such unit has made or concurrently makes provision for the funding of the increase in benefits on a sound actuarial basis.

BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the substance of the amendment proposed herein shall appear on the ballot as follows:

Proposing to add Section 14 to Article X of the State Constitution to provide that increases in the benefits payable under any governmental supported retirement system after January 1, 1977, be fully funded by the governmental unit.

Filed in Office Secretary of State June 2, 1975.

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SENATE JOINT RESOLUTION NO. 999

A JOINT RESOLUTION proposing an amendment to Article IV of the State Constitution, adding Section 10, authorizing the creation of a capitol and mansion commission .

That the following amendment to Article IV of the State Constitution is hereby agreed to and shall be submitted to the electors of this state for approval or rejection at the general election to be held in November 1976:

ARTICLE IV

EXECUTIVE

Section 10. Capitol and Mansion Commission. There may be created by law a capitol and mansion commission with authority to establish and maintain a basic plan or scheme for the furnishing, decorating, and alteration of the governor’s mansion and the capitol building complex, consistent with the architecture and the historic and symbolic nature of the buildings. The terms of the members shall not exceed 9 years.

BE IT FURTHER RESOLVED that the following statement be placed on the ballot:

CONSTITUTIONAL AMENDMENT

ARTICLE IV

Proposing an amendment to the State Constitution to authorize a capitol and mansion commission with authority to establish and maintain a plan for the furnishing, decorating, and alteration of the capitol building complex and the govern or’s mansion.

Filed in Office Secretary of State June 4, 1975.

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTIONS NOS. 49 AND 81

A JOINT RESOLUTION proposing an amendment to Sections 3, 10 and 11, Article V of the State Constitution, to provide for the selection and retention and terms of justices of the supreme court and judges of the district courts of appeal a nd for the filling of vacancies in such offices.

That the following amendments to Sections 3, 10 and 11 of Article V of the State Constitution are hereby agreed to and shall be submitted to the electors of this state for approval or rejection at the general election to be held in November 1976:

ARTICLE V

JUDICIARY

Section 3. Supreme Court.

(a) Organization. The supreme court shall consist of seven justices. Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the d istrict at the time of his original appointment or election. Five justices shall constitute a quorum. The concurrence of four justices shall be necessary to a decision. When recusals for cause would prohibit the court from convening because of the requ irements of this section, judges assigned to temporary duty may be substituted for justices.

(b) Jurisdiction. The supreme court:

(1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from orders of trial courts and decisions of district courts of appeal initially and directly passing on the validity of a state statute or a fed eral statute or treaty, or construing a provision of the state or federal constitution.

(2) When provided by general law, shall hear appeals from final judgments and orders of trial courts imposing life imprisonment or final judgments entered in proceedings for the validation of bonds or certificates of indebtedness.

(3) May review by certiorari any decision of a district court of appeal that affects a class of constitutional or state officers, that passes upon a question certified by a district court of appeal to be of great public interest, or tha t is in direct conflict with a decision of any district court of appeal or of the supreme court on the same question of law, and any interlocutory order passing upon a matter which upon final judgment would be directly appealable to the supreme court; and may issue writs of certiorari to commissions established by general law having statewide jurisdiction.

(4) May issue writs of prohibition to courts and commissions in causes within the jurisdiction of the supreme court to review, and all writs necessary to the complete exercise of its jurisdiction.

(5) May issue writs of mandamus and quo warranto to state officers and state agencies.

(6) May, or any justice may, issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.

(7) Shall have the power of direct review of administrative action prescribed by general law.

(c) Clerk and Marshal. The supreme court shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court directs. Their compensation shall be fixed by general law. The m arshal shall have the power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.

Section 10. Retention; Election and Terms.

(a) Any justice of the supreme court or any judge of a district court of appeal may qualify for retention by a vote of the electors in the general election next preceding the expiration of his term in the manner prescribed by law. If a justice or judge is ineligible or fails to qualify for retention, a vacancy shall exist in that office upon the expiration of the term being served by the justice or judge. When a justice of the supreme court or a judge of a district court of appeal so qualifies, the ballot shall read substantially as follows: "Shall Justice (or Judge) (name of justice or judge) of the (name of the court) be retained in office?" If a majority of the qualified electors voting within the territorial jurisdictio n of the court vote to retain, the justice or judge shall be retained for a term of six years commencing on the first Tuesday after the first Monday in January following the general election. If a majority of the qualified electors voting within the terr itorial jurisdiction of the court vote to not retain, a vacancy shall exist in that office upon the expiration of the term being served by the justice or judge.

(b) Circuit judges and judges of county courts shall be elected by vote of the qualified electors within the territorial jurisdiction of their respective courts. The terms of circuit judges shall be for six years. The terms of judges of county courts shall be for four years.

Section 11. Vacancies.

(a) The governor shall fill each vacancy on the supreme court or on a district court of appeal by appointing for a term ending on the first Tuesday after the first Monday in January of the year following the next general election occurr ing at least one year after the date of appointment, one of three persons nominated by the appropriate judicial nominating commission.

(b) The governor shall fill each vacancy on a circuit court or on a county court by appointing for a term ending on the first Tuesday after the first Monday in January of the year following the next primary and general election, one of not fewer than three persons nominated by the appropriate judicial nominating commission. An election shall be held to fill that judicial office for the term of the office beginning at the end of the appointed term.

(c) The nominations shall be made within thirty days from the occurrence of a vacancy unless the period is extended by the governor for a time not to exceed thirty days. The governor shall make the appointment within sixty days after t he nominations have been certified to him.

(d) There shall be a separate judicial nominating commission as provided by general law for the supreme court, each district court of appeal, and each judicial circuit for all trial courts within the circuit.

BE IT FURTHER RESOLVED that the following statement be placed on the ballot:

CONSTITUTIONAL AMENDMENT

ARTICLE V, SECTIONS 3, 10, 11

Proposing an amendment to the State Constitution to provide that each appellate district shall have at least one supreme court justice selected from the district to the supreme court and that justices of the supreme court and judges of district courts of appeal submit themselves for retention or rejection by the electors in a general election every six years, and that failure to submit to a vote for retention or rejection, or a vote of rejection by the electors, will result in a vacancy in the office upon expiration of the current term; and to provide that the governor fill vacancies on the supreme court or on a district court of appeal by appointing a person nominated by the appropriate judicial nominating commission for a term ending on the first Tuesday after the first Monday in January of the year following the next general election occurring at least one year after the date of appointment.

Filed in Office Secretary of State June 3, 1976.

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SENATE JOINT RESOLUTION NO. 266

A JOINT RESOLUTION proposing an amendment to Article II of the State Constitution, adding Section 8, prohibiting by July 1, 1978, and thereafter, the number of full-time salaried state employees from exceeding one percent of the state p opulation estimate; prohibiting the number of part-time state employees from exceeding ten percent of the full-time employees.

That the following amendment to Article II of the State constitution is hereby agreed to and shall be submitted to the electors of this State for approval or rejection at the general election to be held in November 1976:

ARTICLE II

GENERAL PROVISIONS

Section 8. State Employees. By July 1, 1978, and thereafter, the number of full-time salaried state employees, excluding officers elected by popular vote and persons appointed to fill such offices, shall not exceed one percent of th e official estimate of the state population for the preceding year; and the number of part-time state employees shall not exceed ten percent of the full-time employees; but the governor, with the approval of three members of the cabinet, may be authorized by law to approve additional positions to meet emergencies for the duration of the emergency.

BE IT FURTHER RESOLVED that the following statement be placed on the ballot:

CONSTITUTIONAL AMENDMENT

ARTICLE II

Proposing an amendment to the State Constitution to prohibit by July 1, 1978, and thereafter, the number of full-time salaried state employees, excluding officers elected by popular vote and persons appointed to fill such offices, from exceeding one percent of the official estimate of the state population for the preceding year; and prohibit the number of part-time state employees from exceeding ten percent of the full-time employees; but the governor, with the approval of three members of the cabinet, may be authorized by law to approve additional positions to meet emergencies for the duration of the emergency.

Filed in Office Secretary of State June 4, 1976.

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTIONS NOS. 619 AND 1398

A JOINT RESOLUTION proposing an amendment to Section 18, Article I of the State Constitution, to authorize the Legislature to nullify any rule or regulation promulgated by the executive branch and providing for deferral with respect to such nullification and to provide for suspension of such rule as provided by law.

That the following amendment to Section 18 of Article I of the State Constitution is hereby agreed to and shall be submitted to the electors of this state for approval or rejection at the general election to be held in November 1976 :

ARTICLE I

DECLARATION OF RIGHTS

Section 18. Administrative Penalties. No administrative agency shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. Any administrative rule of any agency of the executive branch may be nullified by concurrent resolution of the Legislature on the ground that the rule is without or in excess of delegated legislative authority and may be suspended as provided by law on the same ground; however, by a majority vote of the governor and cabinet the suspension may be deferred until acted upon by the Legislature. Failure of the Legislature to disapprove the suspension at the next regular session shall automatically reinstate the rule.

BE IT FURTHER RESOLVED that the following statement be placed on the ballot:

CONSTITUTIONAL AMENDMENT

ARTICLE I, SECTION 18

Proposing an amendment to the State Constitution to authorize the Legislature to nullify or suspend any rule or regulation promulgated by the executive branch of state government and providing a procedure for the deferral of any such nu llification which rule or regulation is without or in excess of delegated legislative authority.

Filed in Office Secretary of State June 10, 1976.

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HOUSE JOINT RESOLUTION NO. 1779

A JOINT RESOLUTION proposing an amendment to Article VII of the State Constitution to provide a new Section 16 relating to bonds for housing and related facilities.

That the following addition of Section 16 to Article VII of the Constitution of the State of Florida, as an amendment to such article, is hereby agreed to and shall be submitted to the electors of Florida for approval or rejection at th e general election to be held in November, 1976; said Section 16 to be effective immediately upon ratification by the electors:

Section 16. Bonds for Housing and Related Community Development Facilities.

(a) When authorized by law, revenue bonds may be issued without an election to finance or refinance housing and related facilities in Florida (herein referred to as "facilities").

(b) The bonds shall be secured by a pledge of and shall be payable primarily from all or any part of revenues to be derived from the financing, operation or sale of such facilities, mortgage or loan payments, and any other revenues or a ssets that may be legally available for such purposes derived from sources other than ad valorem taxation, including revenues from other facilities, or any combination thereof (herein collectively referred to as "pledged revenues").

(c) No bonds shall be issued unless a state fiscal agency, created by law, has made a determination that in no state fiscal year will the debt service requirements of the bonds proposed to be issued and all other bonds secured by the sa me pledged revenues exceed the pledged revenues available for payment of such debt service requirements, as defined by law.

(d) The total bonds outstanding shall not exceed $100,000,000 in any one fiscal year.

BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the substance of the amendment proposed herein shall appear on the ballot as follows:

Proposes an amendment to Article VII of the State Constitution to provide a new Section 16 which authorizes the issuance of revenue bonds to finance or refinance housing and related facilities in Florida, secured primarily by pledged re venues at least equal to the annual bond payments. Limiting the bonds which may be outstanding in one fiscal year, to $100,000,000.

Filed in Office Secretary of State June 14, 1976.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 3982

A JOINT RESOLUTION proposing amendments to Sections 3 and 4 and the creation of Section 16 of Article VII of the State Constitution relating to the valuation and taxation of property lying within certain community redevelopment areas an d to the financing of, and issuance of bonds for, certain community redevelopment projects.

WHEREAS, it is found and declared that there exist in counties and municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the res idents of the state, and

WHEREAS, the prevention and elimination of slums and blight through community redevelopment plans, adopted for community redevelopment purposes, are found and declared to be matters of state policy and concern, and

WHEREAS, it is found and declared that such community redevelopment purposes include:

(1) The clearance, replanning, reconstruction, conservation, or rehabilitation of residential or nonresidential slum or blighted areas contributing to the spread of disease and crime, constituting an economic or social liability, contri buting to a decrease in the tax base, or impairing sound growth, and

(2) The resale of such property to any private person or entity or the resale or gift of such property to any public or governmental entity, NOW THEREFORE,

That the amendments to Sections 3 and 4 and the creation of Section 16 of Article VII of the State Constitution set forth below are agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1976:

ARTICLE VII

FINANCE AND TAXATION

Section 3. Taxes; Exemptions.

(a) All property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation. A municipality, owning property outside the municipality, may be required by general law to make paymen t to the taxing unit in which the property is located. Such portions of property as are used predominately for educational, literary, scientific, religious or charitable purposes may be exempted by general law from taxation.

(b) There shall be exempt from taxation, cumulatively, to every head of a family residing in this state, household goods and personal effects to the value fixed by general law, not less than one thousand dollars, and to every widow or p erson who is blind or totally and permanently disabled, property to the value fixed by general law not less than five hundred dollars.

(c) When authorized and as defined by general law passed by a two-thirds vote of the membership of each house, any community redevelopment plan as approved by the elected governing body may provide for such total or partial exemption fr om taxation to be given to the improvements on lands within a community redevelopment area, by such method or methods, for such period or periods of time, not exceeding twenty-five years in any instance.

Section 4. Taxation; Assessments. By general law regulations shall be prescribed which shall secure a just valuation of all property for ad valorem taxation, provided:

(a) Agricultural land or land used exclusively for non-commercial recreational purposes may be classified by general law and assessed solely on the basis of character or use.

(b) Pursuant to general law tangible personal property held for sale as stock in trade and livestock may be valued for taxation at a specified percentage of its value.

(c) Pursuant to general law passed by a two-thirds vote of the membership of each house, real property within a community redevelopment area may be valued for taxation at the value of the land, exclusive of improvements, for the year im mediately prior to redevelopment for such period or periods of time, not to exceed twenty-five years, and upon such terms, conditions, and restrictions as may be prescribed by general law.

Section 16. Financing of Community Redevelopment Projects.

(a) When provided by general law passed by a two-thirds vote of the membership of each house, ad valorem tax collections by the taxing authority of the taxing unit within which the community redevelopment project is located exceeding ad valorem tax collections produced at the rate of tax levy each year by such taxing authority upon the assessed valuation of taxable property within each community redevelopment area as reflected in the just value tax roll existing prior to the adoption by the governing body of the taxing authority of the community redevelopment plan may be allocated to and used by a community redevelopment agency to finance or refinance each community redevelopment project.

(b) Community redevelopment projects as may be authorized by general law may:

(1) Redevelop property for residential, recreational, commercial, or industrial uses;

(2) Acquire property by eminent domain by any city, county, or authority created by general or special law; and

(3) Resell or transfer such property to any private person pursuant to criteria as may be established by general law.

(c) Community redevelopment plans as may be authorized by general law shall:

(1) Contain the findings and determinations of the elected governing body that the community redevelopment area is a slum or blighted area; and

(2) Contain the findings and determinations of the elected governing body that the community redevelopment agency has a feasible method or plan, to include replacement housing, for the relocation of persons temporarily or permanently di splaced from housing facilities within the community redevelopment area.

(d) When authorized by general law passed by a two-thirds vote of the membership of each house, any municipality, county, district, or authority created by general or special law may issue revenue bonds secured solely by a pledge of and payable from tax revenues derived pursuant to subsection (a) to finance or refinance community redevelopment projects within the community redevelopment area from which such taxes were derived.

BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the substance of the amendments proposed herein shall appear on the ballot as follows:

Proposing amendments to Sections 3 and 4 and the creation of Section 16 of Article VII of the State Constitution authorizing tax exemptions and assessments at less than just valuations for purposes of community redevelopment or renewal of slum or blighted areas and authorizing the use of portions of the ad valorem tax revenues derived from a community redevelopment project, and the issuance of bonds pledged to such revenues, for the purpose of financing or refinancing such community red evelopment activity.

Filed in Office Secretary of State June 10, 1976.

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PUBLIC DISCLOSURE INITIATIVE

ARTICLE II, SECTION 8

Section 8. Ethics in Government. A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right:

(a) All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.

(b) All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances.

(c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery an d additional damages may be provided by law.

(d) Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provid ed by law.

(e) No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. No member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals. Similar restrictions on other public offi cers and employees may be established by law.

(f) There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualification s commission.

(g) This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests.

(h) Schedule. On the effective date of this amendment and until changed by law:

(1) Full and public disclosure of financial interests shall mean filing with the secretary of state by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of $1,000 and its value to gether with one of the following:

a. A copy of the person’s most recent federal income tax return; or

b. A sworn statement which identifies each separate source and amount of income which exceeds $1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources of income.

(2) Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (h)(1).

(3) The independent commission provided for in subsection (f) shall mean the Florida Commission on Ethics.

BALLOT SUMMARY:

Proposing an amendment to the State Constitution relating to Ethics in Government; providing that a public office is a public trust; requiring certain public officials and candidates to file full and public disclosure of financial inter ests and campaign finances; providing that public officers and employees who breach the public trust for private gain shall be liable to the state for benefits obtained; providing that public officers and employees convicted of a felony involving breach o f trust shall be subject to forfeiture of pension; prohibiting certain past and present public officers from representing clients for compensation before certain public agencies; providing for an independent commission to investigate and report on complai nts; providing for a schedule of filing dates and information.