Related Materials:

Supreme Court Opinion (497 So.2d 1204)

{Retaining Lottery Initiative on Ballot}

"Florida Constitutional Amendments to Be on Ballot November 4, 1986,"

by Frederick O. Goddard, Manning J. Dauer and Ronald K. Vogel.

Civic Information Series, No. 68, Public Administration Clearing Service,

University of Florida. 1986.

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HOUSE JOINT RESOLUTION NO. 386

A joint resolution proposing an amendment to Section 4, Article IV and to Section 17, Article V of the State Constitution, relating to prosecutorial jurisdiction.

That the following amendment to Section 4 of Article IV and Section 17 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 1986:

ARTICLE IV

EXECUTIVE

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. There is created in the office of the attorney general the position of statewide prosecutor. The statewide prosecutor shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws occurring or having occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. The statewide prosecutor shall be appointed by the attorney general from not less than three persons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law.

(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.

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

ARTICLE V

JUDICIARY

Section 17. State Attorneys. In each judicial circuit a state attorney shall be elected for a term of four years. Except as otherwise provided in this constitution, he shall be the prosecuting officer of all trial courts in that circuit and shall perform other duties prescribed by general law; provided, however, when authorized by general law, the violations of all municipal ordinances may be prosecuted by municipal prosecutors. A state attorney shall be an elector of the state and reside in the territorial jurisdiction of the circuit. He shall be and have been a member of the bar of Florida for the preceding five years. He shall devote full time to his duties, and he shall not engage in the private practice of law. State attorneys shall appoint such assistant state attorneys as may be authorized by law.

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

CONSTITUTIONAL AMENDMENT

ARTICLE IV, SECTION 14

ARTICLE V, SECTION 17

Authority of Attorney General to Appoint a Statewide Prosecutor. Proposes to grant to the Attorney General authority to appoint a statewide prosecutor having concurrent jurisdiction with the state attorneys to prosecute multicircuit violations of the criminal laws of the state.

Filed in Office Secretary of State June 10, 1985.

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HOUSE JOINT RESOLUTION NO. 71

A joint resolution proposing the addition of Section 10 to Article IV and the amendment of Section 3 of Article V of the State Constitution relating to the Attorney General and the Supreme Court.

That the addition of Section 10 to Article IV and the amendment of Section 3 of Article V of the State Constitution set forth below are agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1986:

ARTICLE IV

EXECUTIVE

Section 10. Attorney General. The attorney general shall, as directed by general law, request the opinion of the justices of the supreme court as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion expeditiously.

ARTICLE V

JUDICIARY

Section 3. Supreme Court.

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

(b) Jurisdiction. The supreme court:

(1) Shall hear appeals from final judgments of trial courts imposing the death penalty and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution.

(2) When provided by general law, shall hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness and shall review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.

(3) May review any decision of a district court of appeal that expressly declares valid a state statute, or that expressly construes a provision of the state or federal constitution, or that expressly affects a class of constitutional or state officers, or that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law.

(4) May review any decision of a district court of appeal that passes upon a question certified by it to be of great public importance, or that is certified by it to be in direct conflict with a decision of another district court of appeal.

(5) May review any order or judgment of a trial court certified by the district court of appeal in which an appeal is pending to be of great public importance, or to have a great effect on the proper administration of justice throughout the state, and certified to require immediate resolution by the supreme court.

(6) May review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals which is determinative of the cause and for which there is no controlling precedent of the supreme court of Florida.

(7) May issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction.

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

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

(10) Shall, when requested by the attorney general pursuant to the provisions of Section 10 of Article IV, render an advisory opinion of the justices, addressing issues as provided by general law.

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

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:

SUPREME COURT OPINION ON

PROPOSED INITIATIVES

Provides that the Attorney General shall, as directed by general law, request the Supreme Court to render an expeditious advisory opinion as to the validity of an initiative petition which proposes an amendment to the State Constitution, and requires the Supreme Court to issue an advisory opinion upon request of the Attorney General, and by rule to permit interested persons to be heard on the questions presented by the Attorney General.

Filed in Office Secretary of State June 27, 1986.

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HOUSE JOINT RESOLUTION NO. 1305

A joint resolution proposing an amendment to Section 6 of Article VII and the creation of Section 20 of Article XII of the State Constitution, relating to homestead tax exemptions.

That the amendment to Section 6 of Article VII and creation of Section 20 of Article XII of the State Constitution set forth below are agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1986:

ARTICLE VII

FINANCE AND TAXATION

Section 6. Homestead Exemptions.

(a) Every person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, shall be exempt from taxation thereon, except assessments for special benefits, up to the assessed valuation of five thousand dollars, upon establishment of right thereto in the manner prescribed by law. The real estate may be held by legal or equitable title, by the entireties, jointly, in common, as a condominium, or indirectly by stock ownership or membership representing the owner’s or member’s proprietary interest in a corporation owning a fee or a leasehold initially in excess of ninety-eight years.

(b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through stock or membership in a corporation, the value of the proportion which his interest in the corporation bears to the assessed value of the property.

(c) By general law and subject to conditions specified therein, the exemption shall be increased by one-half of the assessed valuation in excess of five thousand dollars, until the amount of the exemption equals twenty-five thousand dollars. However, such increase shall not apply with respect to any assessment roll until such roll is first determined to be in compliance with the provisions of Section 4 by a state agency designated by general law. This subsection shall stand repealed on the effective date of any amendment to Section 4 which provides for the assessment of homestead property at a specified percentage of its just value.

(d) By general law and subject to conditions specified therein, the Legislature may provide to renters, who are permanent residents, ad valorem tax relief on all ad valorem tax levies. Such ad valorem tax relief shall be in the form and amount established by general law.

ARTICLE XII

SCHEDULE

Section 20. Application of Homestead Exemption. The amendment to Section 6 of Article VII specifying application of the homestead exemption with respect to one-half of the assessed value over $5,000 shall take effect January 1, 1987.

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:

HOMESTEAD TAX EXEMPTION

Provides that the homestead tax exemption shall be changed from $25,000 to $5,000, plus one-half of the assessed value over $5,000, the total exemption not to exceed $25,000.

Filed in Office Secretary of State June 27, 1986.

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CITIZENS FOR JOBS AND TOURISM INITIATIVE

CASINO GAMBLING AUTHORIZED

ARTICLE X

Section 15. Casino Gambling Authorized.

(a) The conduct and operation of casino gambling is authorized as hereinafter provided.

(b) Casino gambling shall be permitted only in a county where the electors of the county, pursuant to an initiative referendum, have authorized the conduct and operation of casino gambling. Said initiative referendum may limit the conduct and operation of casino gambling in geographic areas within the county. Nothing shall preclude the electors of a county from establishing additional geographic areas for casino gambling by subsequent referenda.

(c) In any county where casino gambling has been approved as provided in subsection (b) above, such casino gambling shall only be conducted and operated at hotels with 500 or more sleeping units which have been licensed by state authority enacted pursuant to subsection (e) below.

(d) The types of gambling permitted in a casino shall be baccarat, blackjack or twenty-one, craps, keno, poker, roulette, french roulette and slot machines. Other types of gambling permitted in a casino may be authorized by general law.

(e) Within the legislative session immediately following the adoption of this section, the legislature shall enact the laws necessary to assure reasonable limitation, licensing, regulation and taxation of casino gambling.

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COMMITTEE FOR FLORIDA STATE LOTTERIES, INC., INITIATIVE

Article X, Section 15, Florida Constitution, is created to read:

Section 15. State Operated Lotteries.

(a) Lotteries may be operated by the State.

(b) If any subsection or subsections of the Amendment to the Florida Constitution are held unconstitutional for containing more than one subject, this Amendment shall be limited to subsection (a) above.

(c) This Amendment shall be implemented as follows:

(1) Schedule. On the effective date of this Amendment, the lotteries shall be known as the Florida Education Lotteries. Net proceeds derived from the lotteries shall be deposited to a state trust fund, to be designated The State Education Lotteries Trust Fund, to be appropriated by the Legislature. The schedule may be amended by general law.

Ballot Title and Summary:

STATE OPERATED LOTTERIES

The Amendment authorizes the state to operate lotteries. It provides a severance clause to retain the above provision should any subsection or subsections be held unconstitutional because of more than one subject. The schedule provides, unless changed by law, for the lotteries to be known as the Florida Education Lotteries and for the net proceeds derived to be deposited in a state trust fund, designated State Education Lotteries Trust Fund, for appropriation by the Legislature.

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TAXPAYER’S CHOICE ON AD VALOREM TAXES INITIATIVE

Amends Article VII, Section 9(b) by adding an additional sentence limiting counties, school districts, municipalities and special districts to assessment and collection of 103% of the previous fiscal year’s collections plus new construction. Authorizes limits to be exceeded by vote. Amendment has no substantial effect on other sections of the Constitution.

Section 9.

(b) . . . and for all other special districts a millage authorized by law approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation. In no event, shall the collection of ad valorem taxes by counties, school districts, municipalities and special districts exceed 103% of the previous year’s collections, plus new construction, unless authorized by a vote of the electors. A county furnishing municipal services, may . . .

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VOTER’S CHOICE ON RECALL OF STATE OFFICIALS INITIATIVE

Adds an additional section to the Declaration of Rights, providing for the right of recall of all elected officials upon a petition from electors equal to eight percent of the electors voting in the last presidential election in the electoral districts from which the office to be recalled was elected. Provides that sufficiency of reasons for recall is a political question. No substantial effect on other sections of the Florida Constitution.

Section __. The people shall have the right to recall all elected officers of this State, upon the petition of electors equal in number to eight percent of the number of persons voting in the last election in which presidential electors were chosen in the electoral districts from which the officer sought to be recalled was elected. The sufficiency of any statement of reasons or grounds for the recall shall be a political question.

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COMMITTEE FOR HONEST GOVERNMENT INITIATIVE

STATE CONSTITUTIONAL CONVENTION

I hereby declare that I desire a convention to be called to consider a revision of the entire constitution of Florida.

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FLORIDA ENGLISH CAMPAIGN INITIATIVE

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

Section 9. English is the Official Language of Florida.

(a) English is the official language of the state of Florida.

(b) The Legislature shall have the power to enforce this section by appropriate legislation.

Ballot Title and Summary:

ENGLISH IS THE OFFICIAL LANGUAGE OF FLORIDA

Establishes English as the official language of the State of Florida: Enables the legislature to implement the article by appropriate legislation.