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HOUSE JOINT RESOLUTION NO. 40

A joint resolution proposing an amendment to Section 4 of Article X of the State Constitution relating to the exemption of homesteads from forced sale and certain liens.

That the amendment to Section 4 of Article X of the Sate 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 1984:

Section 4. Homestead; Exemptions.

(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person:

(1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner’s consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or his family;

(2) personal property to the value of one thousand dollars.

(b) These exemptions shall inure to the surviving spouse or heirs of the owner.

(c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner’s spouse if there be no minor child. The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law.

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:

EXEMPTION OF HOMESTEAD AND

PERSONAL PROPERTY FROM FORCED SALE

Provides that the exemption of a homestead and of personal property to the value of $1,000 from forced sale and certain liens shall extend to any natural person, not just the head of a family.

Filed in Office Secretary of State May 17, 1983.

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HOUSE JOINT RESOLUTION NO. 435

A joint resolution proposing an amendment to Section 4 of Article IV of the State Constitution relating to disbursement of state funds by the Treasurer.

That the amendment to Section 4 of Article IV 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 1984:

Section 4. Cabinet.

(a) There shall be a cabinet composed of a secretary of state, an attorney general, a comptroller, a treasurer, a commissioner of agriculture and a commissioner of education. In addition to the powers and duties specified herein, they shall exercise such powers and perform such duties as may be prescribed by law.

(b) The secretary of state shall keep the records of the official acts of the legislative and executive departments.

(c) The attorney general shall be the chief state legal officer.

(d) The comptroller shall serve as the chief fiscal officer of the state, and shall settle and approve accounts against the state.

(e) The treasurer shall keep all state funds and securities. He shall disburse state funds only upon the order of the comptroller. Such order may be in any form and may require the disbursement of state funds by electronic means or by means of a magnetic tape or any other transfer medium.

(f) The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law.

(f) The commissioner of education shall supervise the public education system in the manner prescribed by law.

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:

DISBURSEMENT OF STATE FUNDS

Authorizes the disbursement of state funds by electronic means, magnetic tape, or any other transfer medium. Deletes obsolete language relating to the countersigning of warrants by the Governor.

Filed in Office Secretary of State June 1, 1983.

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SENATE JOINT RESOLUTION NO. 76

A joint resolution proposing an amendment to Section 2 of Article III of the State Constitution, relating to legislative privilege for speech or debate.

That the following amendment to Section 2 of Article III 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 1984:

ARTICLE III

LEGISLATURE

Section 2. Members; Officers; Legislative Privilege.

(a) Each house shall be the sole judge of the qualifications, elections, and returns of its members, and shall biennially choose its officers, including a permanent presiding officer selected from its membership, who shall be designated in the senate as President of the Senate, and in the house as Speaker of the House of Representatives. The senate shall designate a Secretary to serve at its pleasure, and the house of representatives shall designate a Clerk to serve at its pleasure.

(b) Members of the senate and the house of representatives shall in all cases be privileged with regard to any speech or debate relating to legislative duties, and they shall not be questioned in any other place with respect thereto.

(c) The legislature shall appoint an auditor to serve at its pleasure who shall audit public records and perform related duties as prescribed by law or concurrent resolution.

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

CONSTITUTIONAL AMENDMENT

ARTICLE III, SECTION 2

Speech or Debate Privilege. Proposing an amendment to the State Constitution to provide that legislators’ speech or debate relating to legislative duties is privileged and that legislators shall not be questioned in any other place with respect thereto.

Filed in Office Secretary of State June 6, 1984.

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SENATE JOINT RESOLUTION NO. 612

A joint resolution proposing an amendment to Section 11, Article VII of the State Constitution, relating to state bonds.

That the following amendment to Section 11 of Article VII 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 1984:

ARTICLE VII

FINANCE AND TAXATION

Section 11. State Bonds; Revenue Bonds.

(a) State bonds pledging the full faith and credit of the state may be issued only to finance or refinance the cost of state fixed capital outlay projects authorized by law, and purposes incidental thereto, upon approval by a vote of the electors; provided state bonds issued pursuant to this subsection may be refunded without a vote of the electors at a lower net average interest cost rate. The total outstanding principal of state bonds issued pursuant to this subsection shall never exceed fifty percent of the total tax revenues of the state for the two preceding fiscal years, excluding any tax revenues held in trust under the provisions of this constitution.

(b) Monies sufficient to pay debt service on state bonds as the same becomes due shall be appropriated by law.

(c) Any state bonds pledging the full faith and credit of the state issued under this section or any other section of this constitution may be combined for the purposes of sale.

(d) Revenue bonds may be issued by the state or its agencies without a vote of the electors to finance or refinance the cost of state fixed capital outlay projects authorized by law, and purposes incidental thereto, and shall be payable solely from funds derived directly from sources other than state tax revenues.

(e) Each project, building, or facility to be financed or refinanced with revenue bonds issued under this section shall first be approved by the Legislature by an act relating to appropriations or by general law.

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

CONSTITUTIONAL AMENDMENT

ARTICLE VII, SECTION 11

Bonds for State Capital Projects. Proposing an amendment to the State Constitution to specify the projects for which state general obligation bonds may be issued, to provide an exception to the limit imposed on the total outstanding principal of such bonds, to allow such bonds to be combined for purposes of sale, to allow state revenue bonds to be payable from rents or fees paid from state tax revenues.

Filed in Office Secretary of State June 14, 1984.

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SENATE JOINT RESOLUTION NO. 1157

A joint resolution proposing an amendment to Section 9, Article XII of the State Constitution, relating to gross receipts taxes.

That the following amendment to Section 9 of Article XII 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 1984:

ARTICLE XII

SCHEDULE

Section 9. Bonds.

(a) Additional Securities.

(1) Article IX, Section 17, of the Constitution of 1885, as amended, as it existed immediately before this Constitution, as revised in 1968, became effective, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim, except revenue bonds, revenue certificates or other evidences of indebtedness hereafter issued thereunder may be issued by the agency of the state so authorized by law.

(2) That portion of Article XII, Section 9, Subsection (a) of this Constitution, as amended, which by reference adopted Article XII, Section 19 of the Constitution of 1885, as amended, as the same existed immediately before the effective date of this amendment is adopted by this reference as part of this revision as completely as though incorporated herein verbatim, for the purpose of providing that after the effective date of this amendment all of the proceeds of the revenues derived from the gross receipts taxes, as therein defined, collected in each year shall be applied as provided therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds or certificates issued before the effective date of this amendment or any refundings thereof which are secured by such gross receipts taxes. No bonds or other obligations may be issued pursuant to the provisions of Article XII, Section 19, of the Constitution of 1885, as amended, but this provision shall not be construed to prevent the refunding of any such outstanding bonds or obligations pursuant to the provisions of this subsection (a)(2).

Subject to the requirements of the first paragraph of this subsection (a)(2), beginning July 1, 1975, and for fifty years thereafter, all of the proceeds of the revenues derived from the gross receipts taxes collected from every person, including municipalities, as provided and levied pursuant to the provisions of Chapter 203, Florida Statutes, (hereinafter called "gross receipts taxes"), as in existence as of the date of the adoption of this amendment or as such chapter is amended from time to time, shall, as collected, be placed in a trust fund to be known as the "public education capital outlay and debt service trust fund" in the state treasury (hereinafter referred to as "capital outlay fund"), and used only as provided herein.

The capital outlay fund shall be administered by the state board of education as created and constituted by Section 2 of Article IX of the Constitution of Florida as revised in 1968 (hereinafter referred to as "state board"), or by such other instrumentality of the state which shall hereafter succeed by law to the powers, duties and functions of the state board, including the powers, duties and functions of the state board provided in this subsection (a)(2). The state board shall be a body corporate and shall have all the powers provided herein in addition to all other constitutional and statutory powers related to the purposes of this subsection (a)(2) heretofore or hereafter conferred by law upon the state board, or its predecessor created by the Constitution of 1885, as amended.

State bonds pledging the full faith and credit of the state may be issued, without a vote of the electors, by the state board pursuant to law to finance or refinance capital projects theretofore authorized by the legislature, and any purposes appurtenant or incidental thereto, for the state system of public education provided for in Section 1 of Article IX of this Constitution (hereinafter referred to as "state system"), including but not limited to institution of higher learning, junior colleges, vocational technical schools, or public schools, as now defined or as may hereafter be defined by law. All such bonds shall mature not later than July 1, 2025. All other details of such bonds shall be as provided by law or by the proceedings authorizing such bonds; provided, however, that no bonds, except refunding bonds, shall be issued, and no proceeds shall be expended for the cost of any capital project, unless such project has been authorized by the legislature.

Bonds issued pursuant to this subsection (a)(2) shall be primarily payable from such revenues derived from gross receipts taxes, and shall be additionally secured by the full faith and credit of the state. No such bonds shall ever be issued in an amount exceeding ninety percent of the amount which the state board determines can be serviced by the revenues derived from the gross receipts taxes accruing thereafter under the provisions of this subsection (a)(2), and such determination shall be conclusive.

The monies in the capital outlay fund in each fiscal year shall be used only for the following purposes and in the following order of priority:

a. For the payment of the principal of and interest on any bonds maturing in such fiscal year;

b. For the deposit into any reserve funds provided for in the proceedings authorizing the issuance of bonds of any amounts required to be deposited in such reserve funds in such fiscal year;

c. For direct payment of the cost or any part of the cost of any capital project for the state system theretofore authorized by the legislature, or for the purchase or redemption of outstanding bonds in accordance with the provisions of the proceedings which authorized the issuance of such bonds.

(b) Refunding Bonds. Revenue bonds to finance the cost of state capital projects issued prior to the date this revision becomes effective, including projects of the Florida state turnpike authority or its successor but excluding all portions of the state highway system, may be refunded as provided by law without vote of the electors at a lower net average interest cost rate by the issuance of bonds maturing not later than the obligations refunded, secured by the same revenues only.

(c) Motor Vehicle Fuel Taxes.

(1) A state tax, designated "second gas tax," of two cents per gallon upon gasoline and other like products of petroleum and an equivalent tax upon other sources of energy used to propel motor vehicles as levied by Article IX, Section 16, of the Constitution of 1885, as amended, is hereby continued. The proceeds of said tax shall be placed monthly in the state roads distribution fund in the state treasury.

(2) Article IX, Section 16, of the Constitution of 1885, as amended, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim for the purpose of providing that after the effective date of this revision the proceeds of the "second gas tax" as referred to therein shall be allocated among the several counties in accordance with the formula stated therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds, revenue certificates and tax anticipation certificates or any refundings thereof secured by any portion of the "second gas tax."

(3) No funds anticipated to be allocated under the formula stated in Article IX, Section 16, of the Constitution of 1885, as amended, shall be pledged as security for any obligation hereafter issued or entered into, except that any outstanding obligations previously issued pledging revenues allocated under said Article IX, Section 16, may be refunded at a lower average net interest cost rate by the issuance of refunding bonds, maturing not later than the obligations refunded, secured by the same revenues and any other security authorized in paragraph (5) of this subsection.

(4) Subject to the requirements of paragraph (2) of this subsection and after payment of administrative expenses, the "second gas tax" shall be allocated to the account of each of the several counties in the amounts to be determined as follows: There shall be an initial allocation of one-fourth in the ratio of county area to state area, one-fourth in the ratio of the total county population to the total population of the state in accordance with the latest available federal census, and one-half in the ratio of the total "second gas tax" collected on retail sales or use in each county to the total collected in all counties of the state during the previous fiscal year. If the annual debt service requirements of any obligations issued for any county, including any deficiencies for prior years, secured under paragraph (2) of this subsection, exceeds the amount which would be allocated to that county under the formula set out in this paragraph, the amounts allocated to other counties shall be reduced proportionately.

(5) Funds allocated under paragraphs (2) and (4) of this subsection shall be administered by the state board of administration created under said Article IX, Section 16, of the Constitution of 1885, as amended, and which is continued as a body corporate for the life of this subsection 9(c). The board shall remit the proceeds of the "second gas tax" in each county account for use in said county as follows: eighty per cent to the state agency supervising the state road system and twenty per cent to the governing body of the county. The percentage allocated to the county may be increased by general law. The proceeds of the "second gas tax" subject to allocation to the several counties under this paragraph (5) shall be used first, for the payment of obligations pledging revenues allocated pursuant to Article IX, Section 16, of the Constitution of 1885, as amended, and any refundings thereof; second, for the payment of debt service on bonds issued as provided by this paragraph (5) to finance the acquisition and construction of roads as defined by law; and third, for the acquisition and construction of roads and for road maintenance as authorized by law. When authorized by law, state bonds pledging the full faith and credit of the state may be issued without any election: (i) to refund obligations secured by any portion of the "second gas tax" allocated to a county under Article IX, Section 16, of the Constitution of 1885, as amended; (ii) to finance the acquisition and construction of roads in a county when approved by the governing body of the county and the state agency supervising the state road system; and (iii) to refund obligations secured by any portion of the "second gas tax" allocated under paragraph 9(c)(4). No such 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 and all other bonds secured by the pledged portion of the "second gas tax" allocated to the county exceed seventy-five per cent of the pledged portion of the "second gas tax" allocated to that county for the preceding state fiscal year, of the pledged net tolls from existing facilities collected in the preceding state fiscal year, and of the annual average net tolls anticipated during the first five state fiscal years of operation of new projects to be financed, and of any other legally available pledged revenues collected in the preceding state fiscal year. Bonds issued pursuant to this subsection shall be payable primarily from the pledged tolls, the pledged portions of the "second gas tax" allocated to that county, and any other pledged revenue, and shall mature not later than forty years from the date of issuance.

(d) School Bonds.

(1) Article XII, Section 9, Subsection (d) of this constitution, as amended, (which, by reference, adopted Article XII, Section 18, of the Constitution of 1885, as amended) as the same existed immediately before the effective date of this amendment is adopted by this reference as part of this amendment as completely as though incorporated herein verbatim, for the purpose of providing that after the effective date of this amendment the first proceeds of the revenues derived from the licensing of motor vehicles as referred to therein shall be distributed annually among the several counties in the ratio of the number of instruction units in each county, the same being coterminous with the school district of each county as provided in Article IX, Section 4, Subsection (a) of this constitution, in each year computed as provided therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds or motor vehicle tax anticipation certificates issued before the effective date of this amendment or any refundings thereof which are secured by any portion of such revenues derived from the licensing of motor vehicles.

(2) No funds anticipated to be distributed annually among the several counties under the formula stated in Article XII, Section 9, Subsection (d) of this constitution, as amended, as the same existed immediately before the effective date of this amendment shall be pledged as security for any obligations hereafter issued or entered into, except that any outstanding obligations previously issued pledging such funds may be refunded at a lower net average interest cost rate by the issuance of refunding bonds maturing not later than the obligations refunded, secured by the same revenues and any other security authorized in paragraph (13) of this subsection (d).

(3) Subject to the requirements of paragraph (1) of this subsection (d) beginning July 1, 1973, and for thirty-five years thereafter, the first proceeds of the revenues derived from the licensing of motor vehicles to the extent necessary to comply with the provisions of this amendment, shall, as collected, be placed monthly in the school district and junior college district capital outlay and debt service fund in the state treasury and used only as provided in this amendment. Such revenue shall be distributed annually among the several school districts and junior college districts in the ratio of the number of instruction units in each school district or junior college district in each year computed as provided herein. The amount of the first revenues derived from the state motor vehicle license taxes to be so set aside in each year and distributed as provided herein shall be an amount equal in the aggregate to the product of six hundred dollars ($600) multiplied by the total number of instruction units in all the school districts of Florida for the school fiscal year 1967-68, plus an amount equal in the aggregate to the product of eight hundred dollars ($800) multiplied by the total number of instruction units in all the school districts of Florida for the school fiscal year 1972-73 and for each school fiscal year thereafter which is in excess of the total number of such instruction units in all the school districts of Florida for the school fiscal year 1967-68, such excess units being designated "growth units." The amount of the first revenues derived from the state motor vehicle license taxes to be so set aside in each year and distributed as provided herein shall additionally be an amount equal in the aggregate to the product of four hundred dollars ($400) multiplied by the total number of instruction units in all junior college districts of Florida. The number of instruction units in each school district or junior college district in each year for the purposes of this amendment shall be the greater of (1) the number of instruction units in each school district for the school fiscal year 1967-68 or junior college district for the school fiscal year 1968-69 computed in the manner heretofore provided by general law, or (2) the number of instruction units in such school district, including growth units, or junior college district for the school fiscal year computed in the manner heretofore or hereafter provided by general law and approved by the state board of education (hereinafter called the state board), or (3) the number of instruction units in each school district, including growth units, or junior college district on behalf of which the state board has issued bonds or motor vehicle tax anticipation certificates under this amendment which will produce sufficient revenues under this amendment to equal one and twelve-hundredths (1.12) times the aggregate amount of principal of and interest on all bonds or motor vehicle tax anticipation certificates issued under this amendment which will mature and become due in such year, computed in the manner heretofore or hereafter provided by general law and approved by the state board.

(4) Such funds so distributed shall be administered by the state board as now created and constituted by Section 2 of Article IX of the State Constitution as revised in 1968, or by such other instrumentality of the state which shall hereafter succeed by law to the powers, duties and functions of the state board, including the powers, duties and functions of the state board provided in this amendment. For the purposes of this amendment, said state board shall be a body corporate and shall have all the powers provided in this amendment in addition to all other constitutional and statutory powers related to the purposes of this amendment heretofore or hereafter conferred upon said state board.

(5) The state board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provided for in this subsection (d). The state board shall also have power, for the purpose of obtaining funds for the use of any school board of any school district or board of trustees of any junior college district in acquiring, building, constructing, altering, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating, or repairing of capital outlay projects for school purposes to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipation certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certificates theretofore issued by said state board. All such bonds or motor vehicle tax anticipation certificates shall bear interest at not exceeding five per centum per annum, or such higher interest rate as may be authorized by statute heretofore or hereafter passed by a three-fifths (3/5) vote of each house of the legislature. All such bonds shall mature serially in annual installments commencing not more than three (3) years from the date of issuance thereof and not later than thirty (30) years from the date of issuance, or July 1, 2007, A.D., whichever is earlier. All such motor vehicle tax anticipation certificates shall mature prior to July 1, 2007, A.D. The state board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the state board shall provide.

(6) The state board shall also have power to pledge for the payment of the principal of and interest on such bonds or motor vehicle tax anticipation certificates, including refunding bonds or refunding motor vehicle tax anticipation certificates, all or any part from the anticipated revenues to be derived from the licensing of motor vehicles provided for in this amendment and to enter into any covenants and other agreements with the holders of such bonds or motor vehicle tax anticipation certificates at the time of the issuance thereof concerning the security thereof and the rights of the holders thereof, all of which covenants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent jurisdiction.

(7) No such bonds or motor vehicle tax anticipation certificates shall ever be issued by the state board until after the adoption of a resolution requesting the issuance thereof by the school board of the school district or board of trustees of the junior college district on behalf of which the obligations are to be issued. The state board of education shall limit the amount of such bonds or motor vehicle tax anticipation certificates which can be issued on behalf of any school district or junior college district to ninety percent (90%) of the amount which it determines can be serviced by the revenue accruing to the school district or junior college district under the provisions of this amendment, and such determination shall be conclusive. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the state board of education but shall be issued for and on behalf of the school board of the school district or board of trustees of the junior college district requesting the issuance thereof, and no election or approval of qualified electors shall be required for the issuance thereof.

(8) The state board shall in each year use the funds distributable pursuant to this amendment to the credit of each school district or junior college district only in the following manner and in order of priority:

a. To comply with the requirements of paragraph (1) of this subsection (d).

b. To pay all amounts of principal and interest maturing in such year on any bonds or motor vehicle tax anticipation certificates issued under the authority hereof, including refunding bonds or motor vehicle tax anticipation certificates, issued on behalf of the school board of such school district or board of trustees of such junior college district; subject, however, to any covenants or agreements made by the state board concerning the rights between holders of different issues of such bonds or motor vehicle tax anticipation certificates, as herein authorized.

c. To establish and maintain a sinking fund or funds to meet future requirements for debt service or reserves therefor, on bonds or motor vehicle tax anticipation certificates issued on behalf of the school board of such school district or board of trustees of such junior college district under the authority hereof, whenever the state board shall deem it necessary or advisable, and in such amounts and under such terms and conditions as the state board shall in its discretion determine.

d. To distribute annually to the several school boards of the school districts or the boards of trustees of the junior college districts for use in payment of debt service on bonds heretofore or hereafter issued by any such school boards of the school districts or boards of trustees of the junior college districts where the proceeds of the bonds were used, or are to be used, in the acquiring, building, constructing, altering, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating, or repairing of capital outlay projects in such school districts or junior college districts and which capital outlay projects have been approved by the school board of the school district or board of trustees of the junior college district, pursuant to the most recent survey or surveys conducted under regulations prescribed by the state board to determine the capital outlay needs of the school district or junior college district. The state board shall have power at the time of issuance of any bonds by any school board of any school district or board of trustees of any junior college district to covenant and agree with such school board or board of trustees as to the rank and priority of payments to be made for different issues of bonds under this subparagraph d., and may further agree that any amounts to be distributed under this subparagraph d. may be pledged for the debt service on bonds issued by any school board of any school district or board of trustees of any junior college district and for the rank and priority of such pledge. Any such covenants or agreements of the state board may be enforced by any holders of such bonds in any court of competent jurisdiction.

e. To distribute annually to the several school boards of the school districts or boards of trustees of the junior college districts for the payment of the cost of acquiring, building, constructing, altering, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating, or repairing of capital outlay projects for school purposes in such school district or junior college district as shall be requested by resolution of the school board of the school district or board of trustees of the junior college district.

f. When all major capital outlay needs of a school district or junior college district have been met as determined by the state board, on the basis of a survey made pursuant to regulations of the state board and approved by the state board, all such funds remaining shall be distributed annually and used for such school purposes in such school district or junior college district as the school board of the school district or board of trustees of the junior college district shall determine, or as may be provided by general law.

(9) Capital outlay projects of a school district or junior college district shall be eligible to participate in the funds accruing under this amendment and derived from the proceeds of bonds and motor vehicle tax anticipation certificates and from the motor vehicle license taxes, only in the order of priority of needs, as shown by a survey or surveys conducted in the school district or junior college district under regulations prescribed by the state board, to determine the capital outlay needs of the school district or junior college district and approved by the state board; provided that the priority of such projects may be changed from time to time upon the request of the school board of the school district or board of trustees of the junior college district and with the approval of the state board; and provided further, that this paragraph (9) shall not in any manner affect any covenant, agreement or pledge made by the state board in the issuance by said state board of any bonds or motor vehicle tax anticipation certificates, or in connection with the issuance of any bonds of any school board of any school district, or board of trustees of any junior college district.

(10) The state board may invest any sinking fund or funds created pursuant to this amendment in direct obligations of the United States of America or in the bonds or motor vehicle tax anticipation certificates, issued by the state board on behalf of the school board of any school district or board of trustees of any junior college district.

(11) The state board shall have power to make and enforce all rules and regulations necessary to the full exercise of the powers herein granted and no legislation shall be required to render this amendment of full force and operating effect. The legislature shall not reduce the levies of said motor vehicle license taxes during the life of this amendment to any degree which will fail to provide the full amount necessary to comply with the provisions of this amendment and pay the necessary expenses of administering the laws relating to the licensing of motor vehicles, and shall not enact any law having the effect of withdrawing the proceeds of such motor vehicle license taxes from the operation of this amendment and shall not enact any law impairing or materially altering the rights of the holders of any bonds or motor vehicle tax anticipation certificates issued pursuant to this amendment or impairing or altering any covenant or agreement of the state board, as provided in such bonds or motor vehicle tax anticipation certificates.

(12) The state board shall have power to appoint such persons and fix their compensation for the administration of the provisions of this amendment as it shall deem necessary, and the expenses of the state board in administering the provisions of this amendment shall be prorated among the various school districts and junior college districts and paid out of the proceeds of the bonds or motor vehicle tax anticipation certificates or from the funds distributable to each school district or junior college district on the same basis as such motor vehicle license taxes are distributable to the various school districts or junior college districts under the provisions of this amendment. Interest or profit on sinking fund investments shall accrue to the school districts or junior college districts in proportion to their respective equities in the sinking fund or funds.

(13) Bonds issued by the state board pursuant to this subsection (d) shall be payable primarily from said motor vehicle license taxes as provided herein, and if heretofore or hereafter authorized by law, may be additionally secured by pledging the full faith and credit of the state without an election. When heretofore or hereafter authorized by law, bonds issued pursuant to Article XII, Section 18 of the Constitution of 1885, as amended prior to 1968, and bonds issued pursuant to Article XII, Section 9, subsection (d) of the Constitution as revised in 1968, and bonds issued pursuant to this subsection (d), may be refunded by the issuance of bonds additionally secured by the full faith and credit of the state only at a lower net average interest cost rate.

(e) Debt Limitation. Bonds issued pursuant to this Section 9 of Article XII which are payable primarily from revenues pledged pursuant to this section shall not be included in applying the limits upon the amount of state bonds contained in Section 11, Article VII, of this revision.

(f) If, at the general election at which this amendment is adopted, there is also adopted an amendment to this section wherein the proposed language of subsection (a) differs from that contained herein, then such other language as to subsection (a) shall prevail over the language of subsection (a) as contained herein.

(g) If, at the general election at which this amendment is adopted, there is also adopted an amendment to this section wherein the proposed language of subsection (d) differs from that contained herein, then such other language shall prevail over the language of subsection (d) as contained herein.

(h) If, at the general election at which this amendment is adopted, there is also adopted an amendment to this section wherein the proposed language of subsection (c) differs from that contained herein, then such other language as to subsection (c) shall prevail over the language of subsection (c) as contained herein. This amendment shall take effect as of July 1, 1975.

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

CONSTITUTIONAL AMENDMENT

ARTICLE XII, SECTION 9

Public Education Capital Outlay Bonds. Proposing an amendment to the State Constitution to provide for the levy on gross receipts pursuant to Chapter 203, Florida Statutes, as provided by law to authorize the continuation of the funding of public education capital outlay bonds for the construction of public school, vocational education, community college, School for the Deaf & Blind, and university buildings.

Filed in Office Secretary of State June 14, 1984.

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HOUSE JOINT RESOLUTION NO. 37

A joint resolution proposing an amendment to Section 8, Article V of the State Constitution, relating to eligibility for the office of judge, to require that unless otherwise provided by general law, no person is eligible for the office of county court judge unless he is, and has been for the preceding five years a member of the Bar of Florida; providing an exception.

That the following amendment to Section 8 of Article V 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 1984 and if approved shall take effect July 1, 1985:

ARTICLE V

JUDICIARY

Section 8. Eligibility. No person shall be eligible for office of justice or judge of any court unless he is an elector of the state and resides in the territorial jurisdiction of his court. No justice or judge shall serve after attaining the age of seventy years except upon temporary assignment or to complete a term, one-half of which he has served. No person is eligible for the office of justice of the supreme court or judge of a district court of appeal unless he is, and has been for the preceding ten years, a member of the bar of Florida. No person is eligible for the office of circuit judge unless he is, and has been for the preceding five years, a member of the bar of Florida. Unless otherwise provided by general law, no person is eligible for the office of a county court judge unless he is, and has been for the preceding five years, a member of the bar of Florida. Unless otherwise provided by general law, a person shall be eligible for election or appointment to the office of county court judge in a county having a population or 40,000 or less if he is a member in good standing of the bar of Florida.

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

CONSTITUTIONAL AMENDMENT

ARTICLE V, SECTION 8

Eligibility to be County Court Judge. Proposing an amendment to the State Constitution, effective July 1, 1985, to require that unless otherwise provided by general law, no person shall be eligible for the office of county court judge unless he is, and has been for the preceding five years, a member of the bar of Florida. Unless otherwise provided by general law, a person shall be eligible for election or appointment to the office of county court judge in a county having a population of 40,000 or less if he is a member in good standing of the bar of Florida.

Filed in Office Secretary of State June 14, 1984.

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HOUSE JOINT RESOLUTION NO. 452

A joint resolution proposing an amendment to Section 1 of Article VIII of the State Constitution relating to counties.

That the amendment to Section 1 of Article VIII 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 1984:

Section 1. Counties.

(a) Political Subdivisions. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt.

(b) County Funds. The care, custody and method of disbursing county funds shall be provided by general law.

(c) Government. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose.

(d) County Officers. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds.

(e) Commissioners. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law.

(f) Non-Charter Government. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict.

(g) Charter Government. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances.

(h) Taxes; Limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas.

(i) County Ordinances. Each county ordinance shall be filed with the secretary of state and shall become effective at such time thereafter as is provided by general law.

(j) Violation of Ordinances. Persons violating county ordinances shall be prosecuted and punished as provided by law.

(k) County Seat. In every county there shall be a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded in the county until filed at the county seat according to law.

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:

ELECTION OF COUNTY COMMISSIONERS

Provides that county commissioners shall be elected as provided by law, thereby removing the constitutional restriction that county commissioners must be elected at large by the electors of the county, and allows the board of county commissioners to be composed of either five or seven members.

Filed in Office Secretary of State June 8, 1984.

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HOUSE JOINT RESOLUTION NO. 1160

A joint resolution proposing an amendment to Section 11 of Article V of the State Constitution relating to the judiciary.

That the amendment to Section 11 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 1984:

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 occurring 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 the 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. Uniform rules of procedure shall be established by the judicial nominating commissions at each level of the court system. Such 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. Except for deliberations of the judicial nominating commissions, the proceedings of the commissions and their records shall be open to the public.

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:

PROCEDURES OF JUDICIAL NOMINATING COMMISSIONS

Provides that uniform rules of procedure be established by judicial nominating commissions at each level of the court system and that the rules may be repealed by general law or by the Supreme Court. Provides that proceedings of the commissions and their records shall be open to the public, except for deliberations of the commissions.

Filed in Office Secretary of State May 31, 1984.

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COMMITTEE TO RESTORE FLORIDA’S FISH AND WILDLIFE RESOURCES INITIATIVE

Section 9 of Article IV of the Florida Constitution is amended to read:

Section 9. Wildlife and Fisheries Commission. There shall be a wildlife and fisheries commission, composed of five members appointed by the governor subject to confirmation by the senate for staggered terms of five years. The commission shall exercise the regulatory and executive powers of the state with respect to wild animal life and aquatic life, except that all license fees for taking wild animal life and aquatic life and penalties for violating regulations of the commission shall be prescribed by specific statute. The legislature may enact laws in aid of the commission, not inconsistent with this section. The commission’s exercise of executive powers in the area of planning, budgeting, personnel management, and purchasing shall be as provided by law. Revenue derived from such license fees shall be appropriated to the commission by the legislature for the purpose of management, protection and conservation of wild animal and aquatic life.

Ballot title and summary:

RESTORATION OF FLORIDA’S FISH AND WILDLIFE RESOURCES

Renames the Game and Freshwater Fish Commission the Wildlife and Fisheries Commission and places the regulatory and executive powers of the state with respect to marine resources and marine law enforcement in the Wildlife and Fisheries Commission. Provides for consolidation of authority for all wildlife and fisheries of the State of Florida under one department.

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SUPPORTERS FOR A ONE-HOUSE-UNICAMERAL-LEGISLATURE INITIATIVE

ARTICLE III

LEGISLATURE

Section 1. Composition. The legislative power of the state shall be vested in a legislature of the State of Florida, composed of a single chamber consisting of one member elected from each district.

Section 2. Members; Officers. The legislature shall be the sole judge of the qualifications, elections, and returns of its members, and shall biennially choose its officers, including a permanent presiding officer selected from its membership. The legislature shall designate a Secretary to serve at its pleasure. The legislature shall appoint an auditor to serve at its pleasure who shall audit public records and perform related duties as prescribed by law or resolution.

Section 3. Sessions of the Legislature.

(c) Special Sessions.

(1) The governor, by proclamation stating the purpose, may convene the legislature in special session during which only such legislative business may be transacted as is within the purview of the proclamation, or of a communication from the governor, or is introduced by consent of two-thirds of the membership.

(d) Length of Sessions. A regular session of the legislature shall not exceed sixty consecutive days, and a special session shall not exceed twenty consecutive days, unless extended beyond such limit by a three-fifths vote of the legislature. During such an extension no new business may be taken up without the consent of two-thirds of the membership.

Section 4. Quorum and Procedure.

(a) A majority of the membership of the legislature shall constitute a quorum, but a smaller number may adjourn from day to day and compel the presence of absent members in such manner and under such penalties as it may prescribe. The legislature shall determine its rules of procedure.

(b) Sessions of the legislature shall be public; except that sessions of the legislature when considering appointment to or removal from public office may be closed.

(c) The legislature shall keep and publish a journal of its proceedings; and upon the request of five members present, the vote of each member voting on any question shall be entered on the journal.

(d) The legislature may punish a member for contempt or disorderly conduct and, by a two-thirds vote of its membership, may expel a member.

Section 5. Investigations; Witnesses. The legislature, when in session, may compel attendance of witnesses and production of documents and other evidence upon any matter under investigation before it or any of its committees, and may punish by fine not exceeding one thousand dollars or imprisonment not exceeding ninety days, or both, any person not a member who has been guilty of disorderly or contemptuous conduct in its presence or has refused to obey its lawful summons or to answer lawful questions. Such powers, except the power to punish, may be conferred by law upon committees when the legislature is not in session. Punishment of contempt of an interim legislative committee shall be by judicial proceedings as prescribed by law.

Section 7. Passage of Bills. Each bill shall be read on three separate days, unless this rule is waived by two-thirds vote; provided the publication of its title in the journal shall satisfy the requirement for the first reading. On each reading, it shall be read by title only, unless one-third of the members present desire it read in full. On final passage, the vote of each member voting shall be entered on the journal. Passage of a bill shall require a majority vote. Each bill and resolution passed shall be signed by the presiding officer and secretary of the legislature during the session or as soon as practicable after its adjournment sine die.

Section 8. Executive Approval and Veto.

(b) When a bill or any specific appropriation of a general appropriation bill has been vetoed by the governor, he shall transmit his signed objections thereto to the legislature if in session. If the legislature is not in session, he shall file them with the secretary of state, who shall lay them before the legislature at its next regular or special session, and they shall be entered on its journal.

(c) If the legislature shall, by a two-thirds vote, re-enact the bill or reinstate the vetoed specific appropriation of a general appropriation bill, the vote of each member voting shall be entered on the journal, and the bill shall become law or the specific appropriation reinstated, the veto notwithstanding.

Section 9. Effective Date of Laws. Each law shall take effect on the sixtieth day after adjournment sine die of the session of the legislature in which enacted or as otherwise provided therein. If the law is passed over the veto of the governor it shall take effect on the sixtieth day after adjournment sine die of the session in which the veto is overridden, on a later date fixed in the law, or on a date fixed by resolution passed by the legislature.

Section 11. Prohibited Special Laws.

(a) There shall be no special law or general law of local application pertaining to:

(21) any subject when prohibited by general law passed by a three-fifths vote of the membership of the legislature. Such law may be amended or repealed by like vote.

Section 15. Terms and Qualifications of Legislators.

(a) Terms. Legislators shall be elected for terms of four years, those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some legislators shall be elected for terms of two years when necessary to maintain staggered terms.

(b) Qualifications. Each legislator shall be at least twenty-one years of age, an elector and resident of the district from which elected, and shall have resided in the state for a period of two years prior to election.

(c) Assuming Office; Vacancies. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law.

Section 16. Legislative Apportionment.

(a) Legislative Districts. The legislature at its regular session in 1989 and at the regular session in the second year following each decennial census thereafter, by resolution, shall apportion the state in accordance with the constitution of the state and of the United States into not less than eighty nor more than one hundred twenty consecutively numbered legislative districts of either contiguous, overlapping or identical territory. Should that session adjourn without adopting such resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionment session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a resolution of apportionment.

(b) Failure of Legislature to Apportion; Judicial Reapportionment. In the event a special apportionment session of the legislature finally adjourns without adopting a resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the secretary of state an order making such apportionment.

(c) Judicial Review of Apportionment. Within fifteen days after the passage of the resolution of apportionment, the attorney general shall petition the supreme court of the state for a declaratory judgment determining the validity of the apportionment. The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within thirty days from the filing of the petition, shall enter its judgment.

(d) Effect of Judgment in Apportionment; Extraordinary Apportionment Session. A judgment of the supreme court of the state determining the apportionment to be valid shall be binding upon all the citizens of the state. Should the supreme court determine that the apportionment made by the legislature is invalid, the governor by proclamation shall reconvene the legislature within five days thereafter in extraordinary apportionment session which shall not exceed fifteen days, during which the legislature shall adopt a resolution of apportionment conforming to the judgment of the supreme court.

(e) Extraordinary Apportionment Session; Review of Apportionment. Within fifteen days after the adjournment of an extraordinary apportionment session, the attorney general shall file a petition in the supreme court of the state setting forth the apportionment resolution adopted by the legislature, or if none has been adopted reporting that fact to the court. Consideration of the validity of a resolution of apportionment shall be had as provided for in cases of such resolution adopted at a regular or special apportionment session.

Section 17. Impeachment.

(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal and judges of circuit courts shall be liable to impeachment for misdemeanor in office. The legislature by two-thirds vote shall have the power to impeach an officer. The presiding officer of the legislature shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.

(b) An officer impeached by the legislature shall be disqualified from performing any official duties until acquitted by the legislature, and unless the governor is impeached he may by appointment fill the office until completion of the trial.

(c) All impeachments by the legislature shall be tried by the legislature. The chief justice of the supreme court, or another justice designated by him, shall preside at the trial, except in a trial of the chief justice, in which case the governor shall preside. The legislature shall determine the time for the trial of any impeachment and may sit for the trial whether the legislature be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial legislators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the legislature present. Judgment of conviction in cases [of] impeachment shall remove the offender from office and, in the discretion of the legislature, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer.

ARTICLE IV

EXECUTIVE

Section 6. Executive Departments. All functions of the executive branch of state government shall be allotted among not more than twenty-five departments, exclusive of those specifically provided for or authorized in this constitution. The administration of each department, unless otherwise provided in this constitution, shall be placed by law under the direct supervision of the governor, the lieutenant governor, the governor and cabinet, a cabinet member, or an officer or board appointed by and serving at the pleasure of the governor, except:

(a) When provided by law, confirmation by the legislature or the approval of three members of the cabinet shall be required for appointment to or removal from any designated statutory office.

Section 7. Suspensions; Filling Office During Suspensions.

(b) The legislature may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the legislature may be convened in special session by its presiding officer or by a majority of its membership.

Section 9. Game and Fresh Water Fish Commission.

There shall be a game and fresh water fish commission, composed of five members appointed by the governor subject to confirmation by the legislature for staggered terms of five years. The commission shall exercise the regulatory and executive powers of the state with respect to wild animal life and fresh water aquatic life, except that all license fees for taking wild animal life and fresh water aquatic life and penalties for violating regulations of the commission shall be prescribed by specific statute. The legislature may enact laws in aid of the commission, not inconsistent with this section. The commission’s exercise of executive powers in the area of planning, budgeting, personnel management, and purchasing shall be as provided by law. Revenue derived from such license fees shall be appropriated to the commission by the legislature for the purpose of management, protection and conservation of wild animal life and fresh water aquatic life.

ARTICLE V

JUDICIARY

Section 2. Administration; Practice and Procedure.

(a) The supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any proceeding when the jurisdiction of another court has been improvidently invoked, and a requirement that no cause shall be dismissed because an improper remedy has been sought. These rules may be repealed by general law enacted by two-thirds vote of the membership of the legislature.

Section 9. Determination of Number of Judges. The supreme court shall establish by rule uniform criteria for the determination of the need for additional judges except supreme court justices, the necessity for decreasing the number of judges and for increasing, decreasing or redefining appellate districts and judicial circuits. If the supreme court finds that a need exists for increasing or decreasing the number of judges or increasing, decreasing or redefining appellate districts and judicial circuits, it shall, prior to the next regular session of the legislature, certify to the legislature its findings and recommendations concerning such need. Upon receipt of such certificate, the legislature, at the next regular session, shall consider the findings and recommendations and may reject the recommendations or by law implement the recommendations in whole or in part; provided the legislature may create more judicial offices than are recommended by the supreme court or may decrease the number of judicial offices by a greater number than recommended by the court only upon a finding of two-thirds of the membership of the legislature that such a need exists. A decrease in the number of judges shall be effective only after the expiration of a term. If the supreme court fails to make findings as provided above when need exists, the legislature may by resolution request the court to certify its findings and recommendations and upon the failure of the court to certify its findings for nine consecutive months, the legislature may, upon a finding of two-thirds of its membership that a need exists, increase or decrease the number of judges or increase, decrease or redefine appellate districts and judicial circuits.

Section 12. Discipline; Removal and Retirement.

(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 commission’s rules, or any part thereof, may be repealed by general law enacted by a majority vote of the membership 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 charges 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 formal 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 presiding officer of the legislature 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.

(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 legislature.

Section 20. Schedule to Article V.

(i) Deletion of Obsolete Schedule Items. The legislature shall have power, by resolution, to delete from this article any subsection of this Section 20 including this subsection, when all events to which the subsection to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review.

ARTICLE VII

FINANCE AND TAXATION

Section 5. Estate, Inheritance and Income Taxes.

(b) Others. No tax upon the income of residents and citizens other than natural persons shall be levied by the state, or under its authority, in excess of 5% of net income, as defined by law, or at such greater rate as is authorized by a three-fifths (3/5) vote of the membership of the legislature or as will provide for the state the maximum amount which may be allowed to be credited against income taxes levied by the United States and other states. There shall be exempt from taxation not less than five thousand dollars ($5,000) of the excess of net income subject to tax over the maximum amount allowed to be credited against income taxes levied by the United States and other states.

ARTICLE VIII

LOCAL GOVERNMENT

Section 6. Schedule to Article VIII.

(g) Deletion of Obsolete Schedule Items. The legislature shall have power, by resolution, to delete from this article any subsection of this Section 6, including this subsection, when all events to which the subsection to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review.

ARTICLE X

MISCELLANEOUS

Section 2. Militia.

(c) The governor shall appoint all commissioned officers of the militia, including an adjutant general who shall be chief of staff. The appointment of all general officers shall be subject to confirmation by the legislature.

Section 12. Rules of Construction. Unless qualified in the text the following rules of construction shall apply to this constitution.

(e) Vote or other action of the legislature or other governmental body means the vote or action of a majority or other specified percentage of those members voting on the matter. "Of the membership" means "of all members thereof."

ARTICLE XI

AMENDMENTS

Section 1. Proposal by Legislature. Amendment of a section or revision of one or more articles, or the whole, of this constitution may be proposed by resolution agreed to by three-fifths of the membership of the legislature. The full text of the resolution and the vote of each member voting shall be entered on the journal.

Section 2. Revision Commission.

(a) Within thirty days after the adjournment of the regular session of the legislature convened in the tenth year following that in which this constitution is adopted, and each twentieth year thereafter, there shall be established a constitution revision commission composed of the following thirty-seven members:

(3) eighteen members selected by the presiding officer of the legislature; and

Section 4. Constitutional Convention.

(b) At the next general election held more than ninety days after the filing of such petition there shall be submitted to the electors of the state the question: "Shall a constitutional convention be held?" If a majority voting on the question votes in the affirmative, at the next succeeding general election there shall be elected from each legislative district a member of a constitutional convention. On the twenty-first day following that election, the convention shall sit at the capital, elect officers, adopt rules of procedure, judge the election of its membership, and fix a time and place for its future meetings. Not later than ninety days before the next succeeding general election, the convention shall cause to be filed with the secretary of state any revision of this constitution proposed by it.

Section 5. Amendment or Revision Election.

(a) A proposed amendment to or revision of this constitution, or any part of it, shall be submitted to the electors at the next general election held more than ninety days after the resolution, initiative petition or report of revision commission or constitutional convention proposing it is filed with the secretary of state, unless, pursuant to law enacted by the affirmative vote of three-fourths of the membership of the legislature and limited to a single amendment or revision, it is submitted at an earlier special election held more than ninety days after such filing.

ARTICLE XII

SCHEDULE

Section 9. Bonds.

(d) School Bonds.

(5) The state board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provided for in this subsection (d). The state board shall also have power, for the purpose of obtaining funds for the use of any school board of any school district or board of trustees of any junior college district in acquiring, building, constructing, altering, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating, or repairing of capital outlay projects for school purposes to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipation certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certificates theretofore issued by said state board. All such bonds or motor vehicle tax anticipation certificates shall bear interest at not exceeding five per centum per annum, or such higher interest rate as may be authorized by statute heretofore or hereafter passed by a three-fifths (3/5) vote of the legislature. All such bonds shall mature serially by annual installments commencing not more than three (3) years from the date of issuance thereof and ending not later than thirty (30) years from the date of issuance, or July 1, 2007, A.D., whichever is earlier. All such motor vehicle tax anticipation certificates shall mature prior to July 1, 2007, A.D. The state board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the state board shall provide.

Section 11. Deletion of Obsolete Schedule Items. The legislature shall have power, by resolution, to delete from this revision any section of this Article XII, including this section, when all events to which the section to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this section shall be subject to judicial review.

Section 12. Legislators. The requirements of staggered terms of legislators in Section 15(a), of Article III of this revision shall apply only to legislators elected in November, 1990, and thereafter.

Section 20. Effective Date of Specified Amendments. The amendments to Section 16(a), (b), (c), (d), and (e) of Article III approved by the electors at the general election held in November 1986 shall take effect on January 1, 1989, and the amendments to Sections 1, 2, 3(c)(1), (d), (e), and (f), 4, 5, 7, 8(b) and (c), 9, 11(a)(21), 15, and 17 of Article III, Sections 6(a), 7(b), and 9 of Article IV, Sections 2(a), 9, 12(d), (e), and (g), and 20(i) of Article V, Section 5(b) of Article VII, Section 6(g) of Article VIII, Sections 2(c) and 12(e) of Article X, Sections 1, 2(a)(3), 4(b), and 5(a) of Article XI, and Sections 9(d)(5), 11, 12, and 14 of Article XII approved by the electors at the general election held in November 1986 shall take effect on November 1, 1990, provided that said amendment shall govern with respect to the qualifying for, and the holding of, the primary elections of 1990.

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

UNICAMERAL LEGISLATURE

Provides for a unicameral Legislature composed of a single chamber. Abolished the present Senate and House of Representatives and modifies constitutional provisions of law to conform. Provides that members of the unicameral Legislature be elected in the 1990 elections.

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COALITION FOR 21 INITIATIVE

The following new section is added to Article X of the Florida Constitution:

The sale or delivery of alcoholic beverages to, or the possession by, any person under 21 years of age in prohibited. The Legislature, by general law, may exempt any person 18 years of age or older who is on active duty in the Armed Forces of the United States, and may provide, by general law, for the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages.

Ballot title and summary:

ALCOHOLIC BEVERAGES

Prohibits the sale or delivery of alcoholic beverages to, or the possession by, any person under 21 years of age. Permits the exemption, by general law, of certain identified persons. Permits the Legislature, by general law, to provide for the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages.

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CLEAN-UP ‘84 INITIATIVE

ENVIRONMENTAL RIGHTS

The following new section is added to Article I of the Florida Constitution:

Section 24. Environmental Rights.

(a) Each person has a right to a healthful environment and a duty to provide and to maintain a healthful environment for the benefit of this and future generations. Each person has a right to know, and the duty to give notice as shall be provided by law, if a healthful environment has been or may be endangered by toxic or other potentially hazardous substances.

(b) The natural waters, air and wildlife in the state are public resources that shall be managed as a public trust for the use and benefit of all the people of this and future generations and for the maintenance of the natural ecosystems. Each person as beneficiary of this trust has a right to have the trust purposes fulfilled.

(c) Each person, governmental or private, shall have standing to enforce the rights granted by this section against all other persons through legal proceedings.

Ballot title and summary:

ENVIRONMENTAL RIGHTS

Establishes a right to a healthful environment and the right to know if that healthful environment has been endangered. Establishes natural water, air and wildlife as a public trust. Grants standing in legal proceedings for enforcement of these rights.

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REASON 84: CITIZEN’S RIGHTS IN CIVIL ACTIONS INITIATIVE

The following new Section is added to Article I of the Florida Constitution:

In civil actions: (a) no party can be found liable for payment of damages in excess of his/her percentage of liability; (b) the Court shall grant a summary judgment on motion of any party, when the Court finds no genuine dispute exists concerning the material facts of the case; (c) noneconomic damages such as pain and suffering, mental anguish, loss of consortium, and loss of capacity for enjoyment of life shall not be awarded in excess of $100,000 against any party.

Ballot title and summary:

CITIZEN’S RIGHTS IN CIVIL ACTIONS

Amendment established citizen’s rights in civil actions; provides a party in a lawsuit shall not be required to pay more damages than the jury found him/her responsible for personally; requires courts to dispose of lawsuits when no dispute exists over the material facts thus avoiding unnecessary costs; and allows full recovery of all actual expenses such as lost wages, accident costs, medical bills, etc., but limits noneconomic damages to a maximum of $100,000.

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FLORIDA LEAGUE OF PROPERTY OWNERS, INC., INITIATIVE

The following new section is added to Article X of the Florida Constitution:

Section 15. Damage to Real Property. Private real property of any description and all rights in real property shall not be substantially damaged or their use substantially impaired by action or regulation except for a public purpose or for the public health, safety, and welfare and with payment of just compensation for all damage.

This amendment shall take effect immediately upon ratification.

Ballot title and summary:

PRIVATE PROPERTY RIGHTS

Provides that substantial damage or impairment of use, by any means, to land shall only be for public purpose or for public health, safety, and welfare; provides for just compensation for damage; provides an effective date.

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VOTING RIGHTS COMMITTEE INITIATIVE

Article XI, Section 3, is amended to read:

Section 3. Initiative. The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people. It may be invoked by filing with the secretary of state a petition containing a copy of the proposed revision or amendment, signed by a number of electors in each of one-half of the congressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen. This amendment shall be effective one day after approval by the electors.

Ballot title and summary:

VOTING RIGHTS

Repeal the requirement that initiative petitions embrace one subject and permit initiative petitions which would embrace more than one subject, affect more than one section of any article of the State Constitution, and affect more than one function of government.

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CITIZENS FOR LESS TAXES, INC., INITIATIVE

ARTICLE X, SECTION 15: ADDITIONAL FORMS OF GAMBLING AUTHORIZED

Section 15. Additional Forms of Gambling Authorized.

(a) Additional forms of gambling are hereby authorized in this state.

(b) Additional forms of gambling hereby authorized include those gambling activities commonly known as baccarat, blackjack, or twenty-one, craps, keno, poker, roulette and french roulette, lotteries and slot machines. Other additional forms of gambling may be authorized by general law.

(c) Additional forms of gambling may be conducted only at, and on the premises of, hotel gaming facilities which are approved by, or pursuant to, this section. Hotel gaming facilities, as referred to in this section, shall not extend to or include any facilities other than hotels having 350 or more guestrooms.

(d) Approved as hotel gaming facilities by this section are all hotels now or hereafter having 350 or more guestrooms and being located in the geographic area of Dade County, Florida, bounded on the north by 194th Street, on the east by the Atlantic Ocean, on the south by 156th Street, and on the west by State Road A1A, but including also any property contiguous to State road A1A which is directly west of the above-defined geographic area and is held under unity of title and used in conjunction with property within said area east of State Road A1A.

(e) Eligible for approval as hotel gaming facilities are all hotels within the state now or hereafter having 350 or more guestrooms. Such eligible hotels may be approved pursuant to this section as hotel gaming facilities only as follows:

(1) In all counties, including Dade, eligible hotels may be approved by county-wide referendum or election.

(2) In all municipalities having over 25,000 residents, eligible hotels may be approved by municipal wide referendum or election.

(3) Any county or municipal referendum or election for approval of a hotel gaming facility may be held at any time more than 180 days after adoption of this section and may be caused to be placed on the ballot by existing county or municipal procedures, by county or municipal initiative petition, or by special law.

(4) Any county or municipal ballot for approval of a hotel gaming facility shall extend to only a single eligible hotel which is described by name or by such other manner as to allow adequate public identification of the hotel in question. In any county or municipal referendum or election separate ballots may be offered regarding approval of separate proposed hotel gaming facilities, but the approval of one hotel gaming facility may not be made dependent upon voter approval or disapproval of any other hotel gaming facility.

(f) The conduct and operation of additional forms of gambling may be commenced and thereafter continued at any hotel gaming facility at any time not less than 180 days after approval of said hotel gaming facility by this section or by any county or municipal referendum or election.

(g) The conduct and operation of additional forms of gambling shall be subject to a system of reasonable and uniform state regulation established by general law; provided, however, upon and during failure of enactment of a system of state regulation, said conduct and operation within any county shall be subject to a uniform and reasonable system of county regulation by duly enacted county ordinance within any county wherein an approved hotel gaming facility is located; provided further, however, that upon and during failure of enactment of any state or county system of regulation, then said conduct and operation within any municipality shall be subject to a uniform and reasonable system of municipal regulation by duly enacted municipal ordinance. It is intended that the operation and conduct of additional forms of gambling be authorized by this section to commence at the time or times provided in preceding subsection (f) and continue thereafter, without delay by reason of any failure or refusal of enactment of a system of state, county or municipal regulation.

(h) No law, or county or municipal ordinance, purporting to prohibit the conduct of additional forms of gambling at any hotel gaming facility approved by or pursuant to this section shall be of any force or effect.

(i) The conduct and operation of additional forms of gambling at all approved hotel gaming facilities shall be subject only to a uniform system of state taxation established by general law which rate of taxation shall not exceed 7% of gross revenues derived from gambling activities. Such taxes shall be collected by the state and distributed to counties and approving municipalities to be used to offset or supplement expenditures for tax-supported programs or services including, but not limited to, funding for social services.

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CITIZENS’ CHOICE ON GOVERNMENT REVENUE INITIATIVE

The following new section is added to Article VII of the Florida Constitution:

(a) Revenue received by the state and by each taxing unit for each fiscal period shall be limited to the revenue limit for the preceding fiscal period plus the annual adjustment and any ad valorem taxes on improvements due to new construction subject to assessment for the first time.

(b) For purposes of this section:

(1) revenue includes ad valorem taxes, other taxes and all other receipts, but excludes receipts from the United States government and its instrumentalities, bonds issued, loans received and the cost of investments sold. Receipts of agencies and instrumentalities and proprietary and trust funds shall be included in the revenue of the state or other taxing unit as appropriate.

(2) the annual adjustment for each fiscal period shall be the revenue limit of the preceding fiscal period times two-thirds of the percentage change in the Consumer Price Index for All Urban Consumers, U. S. City Average, All Items, 1967 = 100, or successor reports, for the preceding calendar year, as initially reported by the United States Department of Labor, Bureau of Labor Statistics; however for ad valorem taxes no annual adjustment increase shall exceed five percent of the ad valorem taxes of preceding fiscal period.

(3) each fiscal period shall be twelve months.

(4) the initial revenue limit, for the first fiscal period beginning after the effective date of this section, shall be calculated by using the revenue in the fiscal period beginning in 1980, plus subsequent changes due to annual adjustments and ad valorem taxes on new construction, as if this section had been in effect.

(c) Revenue collected in excess of a revenue limit shall be placed in escrow until the following fiscal period, in which period it shall be deemed revenue received, and applicable rates shall be reduced in an amount reasonably calculated to comply with the revenue limits of this section.

(d) When authorized by vote of the electors of a taxing jurisdiction:

(1) revenue limits may be exceeded for specified purposes and amounts, for not longer than two fiscal periods;

(2) revenue limits may be exceeded to provide for principal and interest payments on designated bonds for specified purposes.

(3) a taxing unit may use its first fiscal period, in lieu of one beginning in 1980, for determining initial revenue limits.

(e) Revenue limits may be exceeded to the extent necessary to avoid impairment of obligations of contracts and bonds existing on the effective date of this section.

(f) Any taxpayer of the state shall have standing to bring suit to enforce this section and, if successful, shall recover costs and attorney fees from the taxing jurisdiction.

Ballot title and summary:

CITIZENS’ CHOICE ON GOVERNMENT REVENUE

Limits the state and each taxing unit to 1980-81 revenue dollars plus ad valorem taxes on subsequent new construction and annual adjustments of two-thirds of the Consumer Price Index percentage change; however, the maximum annual adjustment increase for ad valorem taxes is five percent. Revenue limits may be exceeded only with voter approval, for specified purposes, amounts and periods. Enforcement is by setting aside excess revenue, reduction of rates and taxpayer suits. Includes related provisions.