*No known copy of text available.

Related Materials:

Supreme Court Opinion (421 So.2d 151)

{Removing SJR 1035 from Ballot}

Supreme Court Opinion (422 So.2d 303)

{Retaining HJR 31-H on Ballot}

"Florida State Constitutional Amendments to Be on Ballot at November, 1982

General Election,"

by Manning J. Dauer and Donna F. McEachern.

Civic Information Series, No. 65, Public Administration Clearing Service,

University of Florida. 1982.

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SENATE JOINT RESOLUTION NO. 1035

A joint resolution proposing an amendment to Section 8 of Article II of the State Constitution relating to lobbying by former legislators and statewide elected officers.

That the amendment to Section 8 of Article II of the State Constitution set forth below is agreed to and shall be agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1982:

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 and 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 provided by law.

(e) No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before any state government body or agency, unless such person files full and public disclosure of his or her financial interests pursuant to subsection (a), 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 officers 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 qualifications 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 together 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.

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

FINANCIAL DISCLOSURE REQUIRED BEFORE

LOBBYING BY FORMER LEGISLATORS

AND STATEWIDE ELECTED OFFICERS

Prohibits former legislators and statewide elected officers from representing other persons or entities for compensation before any state government body for a period of 2 years following vacation of office, unless they file full and public disclosure of their financial interests.

Filed in Office Secretary of State March 23, 1982.

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HOUSE JOINT RESOLUTION NO. 31-H

A joint resolution proposing an amendment to Section 12, Article I of the State Constitution, relating to searches and seizures, to provide a rule of construction and to limit the exclusion of evidence.

That the following amendment to Section 12 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 1982:

ARTICLE I

DECLARATION OF RIGHTS

Section 12. Searches and Seizures. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.

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

CONSTITUTIONAL AMENDMENT

ARTICLE I, SECTION 12

Searches and Seizures. Proposing an amendment to the State constitution to provide that the right to be free from unreasonable searches and seizures shall be construed in conformity with the 4th Amendment to the United States Constitution and to provide that illegally seized articles or information are inadmissible if decisions of the United States Supreme Court make such evidence inadmissible.

Filed in Office Secretary of State June 24, 1982.

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HOUSE JOINT RESOLUTION NO. 43-H

A joint resolution proposing an amendment to Section 14, Article I of the State Constitution, relating to pretrial release and detention.

That the following amendment to Section 14 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 1982, and, if approved, shall take effect January 1, 1983:

ARTICLE I

DECLARATION OF RIGHTS

Section 14. Pretrial Release and Detention. Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.

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

CONSTITUTIONAL AMENDMENT

ARTICLE I, SECTION 14

Pretrial Release and Detention. Proposing an amendment to the State Constitution, effective January 1, 1983, to provide that a person charged with a crime or a violation of a municipal or county ordinance, other than a capital offense or an offense punishable by life imprisonment, shall be entitled to release before trial unless enumerated conditions indicate that the person should be detained.

Filed in Office Secretary of State June 24, 1982.