Related Materials:

Supreme Court Opinion (520 So.2d 11)

{Retaining English Language Initiative on Ballot}

Supreme Court Opinion (520 So.2d 284)

{Retaining Damages Cap Initiative on Ballot}

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SENATE JOINT RESOLUTION NO. 135

A joint resolution proposing an amendment to Section 16, Article I of the State Constitution, relating to rights of victims of crime.

That the following amendment to Section 16 of Article I of the State Constitution is 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 1988:

ARTICLE I

DECLARATION OF RIGHTS

Section 16. Rights of Accused and of Victims.

(a) In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation against him, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties he will be tried. Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law.

(b) Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.

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

CONSTITUTIONAL AMENDMENT

ARTICLE I, SECTION 16

Rights of Victims of Crime. Proposing an amendment to the State Constitution to grant victims of crime, and the next of kin of homicide victims, the qualified right to be informed, to be present, and to be heard at all crucial stages of criminal proceedings.

Filed in Office Secretary of State June 16, 1987.

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SENATE JOINT RESOLUTION NO. 459

A joint resolution proposing an amendment to Section 17, Article III of the State Constitution, relating to impeachment, to provide for the impeachment of county court judges.

That the following amendment to Section 17 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 1988:

ARTICLE III

LEGISLATURE

Section 17. Impeachment.

(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The house of representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representatives 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 house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and unless the governor is impeached he may by appointment fill the office until completion of the trial.

(c) All impeachments by the house of representatives shall be tried by the senate. 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 senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of representatives be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial senators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment shall remove the offender from office and, in the discretion of the senate, 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.

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

CONSTITUTIONAL AMENDMENT

ARTICLE III, SECTION 17

Impeachment of County Court Judges. Proposing an amendment to the State Constitution to provide that county court judges shall be subject to impeachment by the Legislature and thereby removing present authority of Governor to suspend county court judges.

Filed in Office Secretary of State June 16, 1987.

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HOUSE JOINT RESOLUTION NO. 214

A joint resolution proposing an amendment to Section 4 of Article VII of the State Constitution relating to taxation.

That the amendment to Section 4 of Article VII 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 1988:

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

(a) Agricultural land, land producing high water recharge to Florida’s aquifers or land used exclusively for non-commercial recreational purposes may be classified by general law and assessed solely on the basis of character or use.

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

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

ASSESSMENT OF HIGH WATER RECHARGE LANDS

Provides that land producing high water recharge to Florida’s aquifers may be classified by general law and assessed solely on the basis of character or use.

Filed in Office Secretary of State June 17, 1987.

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SENATE JOINT RESOLUTION NOS. 318 AND 356

A joint resolution proposing an amendment to Section 3, Article VII of the State Constitution, relating to ad valorem tax exemptions.

That the following amendment to Section 3 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 1988:

ARTICLE VII

FINANCE AND TAXATION

Section 3. Taxes; Exemptions.

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

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

(c) Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant community and economic development ad valorem tax exemptions to new businesses and expansions of existing businesses, as defined by general law. Such an exemption may be granted only by ordinance of the county or municipality, and only after the electors of the county or municipality voting on such question in a referendum authorize the county or municipality to adopt such ordinances. An exemption so granted shall apply to improvements to real property made by or for the use of a new business and improvements to real property related to the expansion of an existing business and shall also apply to tangible personal property of such new business and tangible personal property related to the expansion of an existing business. The amount or limits of the amount of such exemption shall be specified by general law. The period of time for which such exemption may be granted to a new business or expansion of an existing business shall be determined by general law. The authority to grant such exemption shall expire ten years from the date of approval by the electors of the county or municipality, and may be renewable by referendum as provided by general law.

(d) By general law and subject to conditions specified therein, there may be granted an ad valorem tax exemption to a renewable energy source device and to real property on which such device is installed and operated, to the value fixed by general law not to exceed the original cost of the device, and for the period of time fixed by general law not to exceed ten years.

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

CONSTITUTIONAL AMENDMENT

ARTICLE VII, SECTION 3

Property Tax Exemption for Widowers. Proposing an amendment to the State Constitution to extend the property tax exemption for widows to widowers as well.

Filed in Office Secretary of State June 16, 1988.

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SENATE JOINT RESOLUTION NO. 391

A joint resolution proposing the creation of Section 17, Article VII of the Sate Constitution, relating to state bonds, to authorize general obligation bonds for acquiring real property for state roads or for constructing bridges.

That the creation of Section 17 of Article VII of the State Constitution set forth below 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 1988, and shall take effect upon such approval:

ARTICLE VII

FINANCE AND TAXATION

Section 17. Bonds for Acquiring Transportation Right-of-Way or for Constructing Bridges.

(a) When authorized by law, state bonds pledging the full faith and credit of the state may be issued, without a vote of the electors, to finance or refinance the cost of acquiring real property or the rights to real property for state roads as defined by law, or to finance or refinance the cost of state bridge construction, and purposes incidental to such property acquisition or state bridge construction.

(b) Bonds issued under this section shall be secured by a pledge of and shall be payable primarily from motor fuel or special fuel taxes, except those defined in Section 9(c) of Article XII, as provided by law, and shall additionally be secured by the full faith and credit of the state.

(c) No bonds shall be issued under this section unless a state fiscal agency, created by law, has made a determination that in no state fiscal year will the debt service requirements of the bonds proposed to be issued and all other bonds secured by the same pledged revenues exceed ninety percent of the pledged revenues available for payment of such debt service requirements, as defined by law. For the purposes of this subsection, the term "pledged revenues" means all revenues pledged to the payment of debt service, excluding any pledge of the full faith and credit of the state.

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

CONSTITUTIONAL AMENDMENT

ARTICLE VII, SECTION 17

Bonds for Acquisition of Property for State Roads or for Constructing Bridges. Proposing an amendment to the State Constitution, effective upon adoption, to authorize the Legislature to provide for issuance by the state, without a vote of the electors, of bonds pledging the full faith and credit of the state, the proceeds of which are to be used to finance or refinance the cost of acquiring real property for state roads or for constructing bridges.

Filed in Office Secretary of State June 16, 1988.

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HOUSE JOINT RESOLUTION NO. 290

A joint resolution proposing the creation of Sections 11 and 12 of Article IV of the State Constitution relating to a Department of Veterans Affairs.

WHEREAS, the Legislative Reorganization Act of 1969 reduced the Department of Veterans Affairs to the status of a division within the Department of Administration, and

WHEREAS, services to veterans in Florida are now scattered among three different state agencies and the sixty-seven virtually autonomous boards of county commissioners, and

WHEREAS, none of these agencies has the responsibility for setting an overall policy concerning veterans and their dependents, and

WHEREAS, the need exists to consolidate services and operations for veterans in Florida under one statewide agency, NOW, THEREFORE,

That the creation of Sections 11 and 12 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 1988:

Section 11. Department of Veterans Affairs. The Legislature, by general law, may provide for the establishment of the Department of Veterans Affairs.

Section 12. Department of Elderly Affairs. The Legislature may create a Department of Elderly Affairs and prescribe its duties. The provisions governing the administration of the department must comply with Section 6 of Article IV of the State Constitution.

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:

DEPARTMENTS OF VETERANS AFFAIRS AND ELDERLY AFFAIRS.

Proposes an amendment to the State Constitution to authorize the creation of a Department of Veterans Affairs and a Department of Elderly Affairs.

Filed in Office Secretary of State June 21, 1988.

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HOUSE JOINT RESOLUTION NO. 1608

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

That the amendment to Section 1 of Article V of the State Constitution set forth below is hereby agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1988:

Section 1. Courts. The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality. The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices. The legislature may establish by general law a civil traffic hearing officer system for the purpose of hearing civil traffic infractions.

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:

CIVIL TRAFFIC HEARING OFFICERS

Authorizes the Legislature to establish a civil traffic hearing officer system to hear civil traffic offenses.

Filed in Office Secretary of State June 21, 1988.

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HOUSE JOINT RESOLUTION NO. 1610

A joint resolution proposing an amendment to Section 10 of Article V of the State Constitution relating to terms of office for trial court judges.

That the amendment to Section 10 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 1988:

Section 10. Retention; Election and Terms.

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

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

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:

TERMS OF OFFICE FOR TRIAL COURT JUDGES

Increases terms of county court judges from four to six years.

Filed in Office Secretary of State June 21, 1988.

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HOUSE JOINT RESOLUTION NO. 1616

A joint resolution proposing amendments to Section 5 of Article II and Sections 2 and 5 of Article XI and the creation of Section 6 of Article XI of the State Constitution relating to establishment of a Taxation and Budget Reform Commission.

That the amendments to Section 5 of Article II and Sections 2 and 5 of Article XI and the creation of Section 6 of Article XI 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 1988:

ARTICLE II

GENERAL PROVISIONS

Section 5. Public Officers.

(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.

(b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:

"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of . . . (title of office) . . . on which I am now about to enter. So help me God.",

and thereafter shall devote personal attention to the duties of the office, and continue in office until his successor qualifies.

(c) The powers, duties, compensation and method of payment of state and county officers shall be fixed by law.

ARTICLE XI

AMENDMENTS

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:

(1) the attorney general of the state;

(2) fifteen members selected by the governor;

(3) nine members selected by the speaker of the house of representatives and nine members selected by the president of the senate; and

(4) three members selected by the chief justice of the supreme court of Florida with the advice of the justices.

(b) The governor shall designate one member of the commission as its chairman. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.

(c) Each constitution revision commission shall convene at the call of its chairman, adopt its rules of procedure, examine the constitution of the state, except for matters relating directly to taxation or the state budgetary process that are to be reviewed by the taxation and budget reform commission established in Section 6, hold public hearings, and, not later than one hundred eighty days prior to the next general election, file with the secretary of state its proposal, if any, of a revision of this constitution or any part of 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 joint resolution, initiative petition or report of revision commission, constitutional convention or taxation and budget reform commission 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 each house 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.

(b) Once in the tenth week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published.

(c) If the proposed amendment or revision is approved by vote of the electors, it shall be effective as an amendment to or revision of the constitution of the state on the first Tuesday after the first Monday in January following the election, or on such other date as may be specified in the amendment or revision.

Section 6. Taxation and Budget Reform Commission.

(a) Beginning in 1990 and each tenth year thereafter, there shall be established a taxation and budget reform commission composed of the following members:

(1) eleven members selected by the governor, none of whom shall be a member of the legislature at the time of appointment.

(2) seven members selected by the speaker of the house of representatives and seven members selected by the president of the senate, none of whom shall be a member of the legislature at the time of appointment.

(3) four non-voting ex officio members, all of whom shall be members of the legislature at the time of appointment. Two of these members, one of whom shall be a member of the minority party in the house of representatives, shall be selected by the speaker of the house of representatives, and two of these members, one of whom shall be a member of the minority party in the senate, shall be selected by the president of the senate.

(b) Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.

(c) At its initial meeting, the members of the commission shall elect a member who is not a member of the legislature to serve as chairman and the commission shall adopt its rules of procedure. Thereafter, the commission shall convene at the call of the chairman. An affirmative vote of two-thirds of the full commission and the concurrence of a majority of the members appointed by the governor pursuant to paragraph (a)(1), a concurrence of a majority of the members appointed by the speaker of the house of representatives pursuant to paragraph (a)(2), and a concurrence of a majority of the members appointed by the president of the senate pursuant to paragraph (a)(2) shall be necessary for any revision of this constitution or any part of it to be proposed by the commission.

(d) The commission shall examine the state budgetary process, the revenue needs and expenditure processes of the state, the appropriateness of the tax structure of the state, and governmental productivity and efficiency; review policy as it relates to the ability of state and local government to tax and adequately fund governmental operations and capital facilities required to meet the state’s needs during the next ten year period; determine methods favored by the citizens of the state to fund the needs of the state, including alternative methods for raising sufficient revenues for the needs of the state; determine measures that could be instituted to effectively gather funds from existing tax sources; examine constitutional limitations on taxation and expenditures at the state and local level; and review the state’s comprehensive planning, budgeting and needs assessment processes to determine whether the resulting information adequately supports a strategic decisionmaking process.

(e) The commission shall hold public hearings as it deems necessary to carry out its responsibilities under this section. The commission shall issue a report of the results of the review carried out, and propose to the legislature any recommended statutory changes related to the taxation or budgetary laws of the state. Not later than one hundred eighty days prior to the general election in the second year following the year in which the commission is established, the commission shall file with the secretary of state its proposal, if any, of a revision of this constitution or any part of it dealing with taxation or the state budgetary process.

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:

TAXATION AND BUDGET REFORM COMMISSION

Transfers authority to review matters relating to state and local taxation and the budgetary process from the Constitution Revision Commission to a newly created Taxation and Budget Reform Commission to be established in 1990 and every 10 years thereafter. The new commission will issue a report and it may propose statutory changes to the Legislature, and submit proposed constitutional changes to the voters.

Filed in Office Secretary of State June 21, 1988.

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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.

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FLORIDA COMMITTEE FOR LIABILITY REFORM INITIATIVE

LIMITATION OF NON-ECONOMIC DAMAGES IN CIVIL ACTIONS

Amendment provides that a person entitled to recover damages for bodily injuries in any action may not recover more than $100,000 for non-economic losses; defines non-economic losses to include pain and suffering, inconvenience, mental anguish, loss of capacity to enjoy life, loss of consortium and other non-pecuniary losses; provides by general law the maximum amount recoverable may be adjusted utilizing a consumer price index published by the United States Government; provides an effective date.

Section 1.

Article I, Section 21 of the Florida Constitution is amended by adding the following: provided that a person entitled to recover damages for bodily injury in any action brought after the effective date of this Amendment may not recover an aggregate of more than $100,000 for non-economic losses. Non-economic losses include pain and suffering, inconvenience, mental anguish, loss of capacity to enjoy life, loss of consortium and other non-pecuniary losses.

Section 2.

Article I, Section 21 of the Florida Constitution is further amended by adding the following: By general law the maximum amount recoverable may be adjusted to conform to changes that occur after the effective date of this Amendment in a consumer price index published by the United States Government.

Section 3. Schedule.

(a) If this Amendment is held invalid for containing more than one subject, this Amendment shall be limited to Section 1.

(b) This Amendment shall take effect thirty days after the date of the election at which it is approved.

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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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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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SAVE OUR HOMES, INC., INITIATIVE

HOMESTEAD VALUATION LIMITATION

Providing for limiting increases in homestead property valuations for ad valorem tax purposes to a maximum of 3% annually and also providing for reassessment of market values upon changes in ownership.

Full text of proposed amendment:

(c) All persons entitled to a homestead exemption under Section 6 of this Article shall have their homestead assessed at just value as of January 1 of the year following the effective date of this amendment. This assessment shall change only as provided herein.

1. Assessments subject to this provision shall be changed annually on January 1st of each year; but those changes in assessments shall not exceed the lower of the following:

(A) three percent (3%) of the assessment for the prior year.

(B) the percent 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.

2. No assessment shall exceed just value.

3. After any change of ownership, as provided by general law, homestead property shall be assessed at just value as of January 1 of the following year. Thereafter, the homestead shall be assessed as provided herein.

4. New homestead property shall be assessed at just value as of January 1st of the year following the establishment of the homestead. That assessment shall only change as provided herein.

5. Changes, additions, reductions or improvements to homestead property shall be assessed as provided for by general law; provided, however, after the adjustment for any change, addition, reduction or improvement, the property shall be assessed as provided herein.

6. In the event of a termination of homestead status, the property shall be assessed as provided by general law.

7. The provisions of this amendment are severable. If any of the provisions of this amendment shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of this amendment.

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SALES TAXES OPPRESSING PEOPLE PAC INITIATIVE

Article VII, Section 17, is created to read:

Section 17. Prohibition Against Sales and Use Taxes on Professional and Other Services.

(a) From and after the date of adoption hereof, no sales and use taxes on the sale and use of services shall be enacted, levied, imposed or collected, directly or indirectly, on professional and other services rendered in, enjoyed in, or connected with the State of Florida, on any of those services on which no sales and use taxes were levied, imposed or collected on June 5, 1986.

(b) The Legislature by general law shall implement subsection (a) hereof forthwith.

(c) This amendment shall become effective upon the legal certification of the results of the vote of the electors at the referendum hereon.

Ballot Summary:

To add a new Article VII, Section 17, to prohibit sales and use taxes on professional and other services on those professional and other services not taxed on June 5, 1986; to provide that the legislature shall implement the foregoing forthwith.

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FLORIDIANS FOR FOOD SAFETY INITIATIVE

SAFE FOOD AMENDMENT

In order to protect the health of the People of the State of Florida from the potential hazards of treating food with gamma or ionizing radiation, it shall be unlawful to produce, sell or distribute irradiated agricultural commodities in the State of Florida.

Section 1. The following definitions shall apply to Section 2 of this amendment:

Agricultural Commodity is defined as any product of land or sea cultivation, including, but not limited to: food crops, including all fruits, vegetables, grains, and legumes; all horticultural products, including plants and soil mixes; livestock and wild animal products, including all beef, pork, poultry, fowl, lamb, fish, shellfish, amphibians, and reptiles; products of forestry; and, apian products, including beehives.

Irradiated Agricultural Commodity is defined as an agricultural commodity which has been exposed to any source of gamma or ionizing radiation, including radioactive isotopes, particle accelerators, and x-ray machines resulting in an absorbed dose exceeding one rad.

Production of Irradiated Agricultural Commodities is defined as the generation of irradiated agricultural commodities for any purpose, including, but not limited to experimental or commercial purposes.

Sales of Irradiated Agricultural Commodities is defined as selling or displaying for the purposes of sale, any irradiated agricultural commodity.

Distribution of Irradiated Agricultural Commodities is defined as the transportation or dispersal within the State of Florida of irradiated agricultural commodities.

Spices, Herbs, and Vegetable Seasonings are exempt from the provisions of this amendment.

Section 2. In order to protect the health of the people of Florida from the potential hazards caused by irradiating agricultural commodities, the production, sales and distribution of irradiated agricultural commodities is prohibited in the State of Florida.

The legislature shall enact criminal penalties for violation of this amendment.

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COOL IT, FLORIDA! INITIATIVE

SEVEN DAY COOLING OFF PERIOD FOR HANDGUN PURCHASES

Amendment provides that there shall be a mandatory period of seven days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. The terms "purchase" and "handgun" are defined. The Legislature is required to enact legislation to provide it shall be a felony for violation.

Section 1. Article I, Section 8 of the Florida Constitution is amended by adding the following:

There shall be a mandatory period of seven days, excluding weekends and legal holidays, between the purchase and delivery at retail, of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver.

Section 2. The Legislature shall enact legislation implementing Section 1 of the Amendment, to be effective no later than December 31, 1991, which shall provide that anyone violating its provisions shall be guilty of a felony.

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FLORIDA SUNSHINE COMMITTEE INITIATIVE

OPEN MEETING REQUIREMENTS FOR THE FLORIDA LEGISLATURE

The amendment provides that a person has a right to observe members of the Florida Legislature as they meet to determine public policy; defines "meetings" which must be open to the public; provides for public notice; requires minutes to be recorded; provides for public comment; and requires member votes to be recorded.

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

Section 19. Open Meetings.

(a) Sessions and meetings of each house shall be open to the public and no person shall be deprived of the right to observe the members of the Legislature as they meet to formulate and determine public policy. A meeting is a prearranged gathering of two or more members, the purpose of which is to agree upon formal action that will be taken at a subsequent time or at which formal action is taken. No chance meeting, social meeting, or electronic communication shall be used to circumvent the intent or purposes of this provision. This provision shall be liberally construed to insure that the public has access to the promises, motivations, policy arguments, and other considerations which underlie the enactment of public policy.

(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) The Florida Ethics Commission shall be authorized to investigate and report all violations of this provision to the appropriate house.

(d) Schedule. After this amendment becomes effective and until changed by general law consistent with this article:

(1) Public notice of all regularly scheduled meetings shall be posted at least seven days in advance.

(2) Public notice of all other meetings shall be posted as least 48 hours in advance.

(3) Public notice shall be considered posted when placed conspicuously at the principal office of the body which is to meet and published in the calendar. When the meeting involves legislators not comprising an officially designated committee such notice shall be placed in the calendar under the heading "special meeting" and this notice shall be posted conspicuously at the office of the member at whose direction the meeting has been scheduled.

(4) Public notice of all meetings shall include the time, date, place, specific purpose and a detailed agenda of the meeting.

(5) Minutes of all meetings shall be promptly recorded and immediately open to public inspection. These minutes shall include:

a. The date, time, place, and beginning and ending times of the meeting.

b. The names of those members who were present.

c. An accurate description of all matters considered or discussed and of all formal actions taken.

d. A statement of the steps taken to comply with the notice provisions of this amendment.

e. A list of all votes taken, including the votes cast by individual members.

(6) Voting Requirements at Meetings. No member who is present at any meeting at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act, and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of interest. In such cases the said member shall comply with the disclosure requirements.

(7) No formal action shall be taken that is not preceded by a reasonable opportunity for public comment and questioning.

(8) Any formal action taken in violation of or as a result of a violation of this amendment shall be deemed invalid.

(9) The Legislature at its first regular session following the ratification of this amendment shall establish general law in furtherance of this amendment.

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HOME RULE COMMITTEE INITIATIVE

LIMITATION ON LEGISLATIVE MANDATES

This amendment limits the power of the Legislature to enact statewide laws which require counties or municipalities to expend local revenues to comply with new laws, unless the Legislature provides local governments with a new state source of revenue to fund compliance. New state funds must be in addition to all funds available from existing revenue sources to local governments when the law is passed. The amendment does not apply to laws affecting the judiciary.

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

Section 17. Laws Requiring Expenditure by Counties or Municipalities.

The Legislature may not enact a general law if compliance with that law will require a county or municipality to spend local monies (which shall include all funds available from then existing revenue sources to counties or municipalities on the date the law is enacted), unless the Legislature provides adequate state monies to fund the cost of compliance with the law. This provision shall not apply to laws dealing with the judiciary.