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SENATE JOINT RESOLUTION NO. 43

A joint resolution proposing an amendment to Section 8 of Article I of the State Constitution relating to the right to bear arms.

That the amendment to Section 8 of Article I 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 1990:

Section 8. Right to Bear Arms.

(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

(b) There shall be a mandatory period of three 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. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.

(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.

(d) This restriction shall not apply to trade in of another handgun.

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:

THREE-DAY WAITING PERIOD

FOR HANDGUN PURCHASES

Requires a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. Defines the terms "purchase" and "handgun" and requires the Legislature to enact legislation to provide a felony penalty for violations.

Filed in Office Secretary of State June 20, 1989.

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SENATE JOINT RESOLUTION NO. 380

A joint resolution proposing an amendment to Section 3, Article III of the State Constitution, relating to the date of the regular sessions of the Legislature.

That the following amendment to Section 3, 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, 1990:

ARTICLE III

LEGISLATURE

Section 3. Sessions of the Legislature.

(a) Organization Sessions. On the fourteenth day following each general election the legislature shall convene for the exclusive purpose of organization and selection of officers.

(b) Regular Sessions. In 1991, a regular session of the legislature shall convene on the first Tuesday after the first Monday in March. In 1992 and thereafter, a regular session of the legislature shall convene on the first Tuesday after the first Monday in February of each odd-numbered year, and on the first Tuesday after the first Monday in February, or such other date as may be fixed by law, of each even-numbered year.

(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 of each house.

(2) A special session of the legislature may be convened as provided by law.

(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 each house. During such an extension no new business may be taken up in either house without the consent of two-thirds of its membership.

(e) Adjournment. Neither house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution.

(f) Adjournment by Governor. If, during any regular or special session, the two houses cannot agree upon a time for adjournment, the governor may adjourn the session sine die or to any date within the period authorized for such session; provided that, at least twenty-four hours before adjourning the session, he shall, while neither house is in recess, give each house formal written notice of his intention to do so, and agreement reached within that period by both houses on a time for adjournment shall prevail.

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

CONSTITUTIONAL AMENDMENT

ARTICLE III, SECTION 3

Regular Legislative Sessions. Proposing an amendment to the State Constitution to require the Legislature to convene at an earlier specified date in 1991 and, in 1992 and thereafter, to convene on the first Tuesday after the first Monday in February of each odd-numbered year and on the first Tuesday after the first Monday in February, or such other date as may be fixed by law, of each even-numbered year.

Filed in Office Secretary of State June 13, 1989.

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HOUSE JOINT RESOLUTION NOS. 139 AND 40

A joint resolution proposing the creation of Section 18 of Article VII of the State Constitution, relating to general laws that require counties or municipalities to spend funds or that limit the ability of counties or municipalities to raise revenue or receive state tax revenue.

That the creation of Section 18 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 1990:

ARTICLE VII

FINANCE AND TAXATION

Section 18. Laws Requiring Counties or Municipalities to Spend Funds or Limiting Their Ability to Raise Revenue or Receive State Tax Revenue.

(a) No county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expenditure of funds unless the legislature has determined that such law fulfills an important state interest and unless: funds have been appropriated that have been estimated at the time of enactment to be sufficient to fund such expenditure; the legislature authorizes or has authorized a county or municipality to enact a funding source not available for such county or municipality on February 1, 1989, that can be used to generate the amount of funds estimated to be sufficient to fund such expenditure by a simple majority vote of the governing body of such county or municipality; the law requiring such expenditure is approved by two-thirds of the membership in each house of the legislature; the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments; or the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement, which federal requirement specifically contemplates actions by counties or municipalities for compliance.

(b) Except upon approval of each house of the legislature by two-thirds of the membership, the legislature may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that municipalities or counties have to raise revenues in the aggregate, as such authority exists on February 1, 1989.

(c) Except upon approval of each house of the legislature by two-thirds of the membership, the legislature may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the percentage of a state tax shared with counties and municipalities as an aggregate on February 1, 1989. The provisions of this subsection shall not apply to enhancements enacted after February 1, 1989, to state tax sources, or during a fiscal emergency declared in a written joint proclamation issued by the president of the senate and the speaker of the house of representatives, or where the legislature provides additional state-shared revenues which are anticipated to be sufficient to replace the anticipated aggregate loss of state-shared revenues resulting from the reduction of the percentage of the state tax shared with counties and municipalities, which source of replacement revenues shall be subject to the same requirements for repeal or modification as provided herein for a state-shared tax source existing on February 1, 1989.

(d) Laws adopted to require funding of pension benefits existing on the effective date of this section, criminal laws, election laws, the general appropriations act, special appropriations acts, laws reauthorizing but not expanding then-existing statutory authority, laws having insignificant fiscal impact, and laws creating, modifying, or repealing noncriminal infractions, are exempt from the requirements of this section.

(e) The legislature may enact laws to assist in the implementation and enforcement of this section.

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:

LAWS AFFECTING LOCAL GOVERNMENTAL EXPENDITURES OR

ABILITY TO RAISE REVENUE OR RECEIVE STATE TAX REVENUE

Excuses counties and municipalities from complying with general laws requiring them to spend funds unless: the law fulfills an important state interest; and it is enacted by two-thirds vote, or funding or funding sources are provided, or certain other conditions are met. Prohibits general laws that have certain negative fiscal consequences for counties and municipalities unless enacted by two-thirds vote. Exempts certain categories of laws from these requirements.

Filed in Office Secretary of State June 21, 1989.

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SENATE JOINT RESOLUTION NOS. 1990 AND 2

A joint resolution proposing an amendment to Section 4, Article III of the State Constitution, relating to meetings involving legislators.

That the amendment to Section 4 of Article III 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 1990:

ARTICLE III

LEGISLATURE

Section 4. Quorum and Procedure.

(a) A majority of the membership of each house 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. Each house shall determine its rules of procedure.

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

(c) Each house 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. In any legislative committee or subcommittee, the vote of each member voting on the final passage of any legislation pending before the committee, and upon the request of any two members of the committee or subcommittee, the vote of each member on any other question, shall be recorded.

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

(e) The rules of procedure of each house shall provide that all legislative committee and subcommittee meetings of each house, and joint conference committee meetings, shall be open and noticed to the public. The rules of procedure of each house shall further provide that all prearranged gatherings, between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, the purpose of which is to agree upon formal legislative action that will be taken at a subsequent time, or at which formal legislative action is taken, regarding pending legislation or amendments, shall be reasonably open to the public. All open meetings shall be subject to order and decorum. This section shall be implemented and defined by the rules of each house, and such rules shall control admission to the floor of each legislative chamber and may, where reasonably necessary for security purposes or to protect a witness appearing before a committee, provide for the closure of committee meetings. Each house shall be the sole judge for the interpretation, implementation, and enforcement of this section.

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:

CONSTITUTIONAL AMENDMENT

ARTICLE III, SECTION 4

Open Government. Proposing an amendment to the State Constitution to provide that certain votes of legislators be recorded; that the Legislature provide by rule for open and noticed committee meetings and for certain other legislative meetings and meetings between the Governor, the President of the Senate, or the Speaker of the House to be reasonably open to the public; and that certain constitutional provisions relating to the Legislature be interpreted, implemented, and enforced solely by the Legislature.

Filed in Office Secretary of State June 20, 1990.

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ANTI-RACIAL BUSING CAMPAIGN INITIATIVE

PROTECT FLORIDA’S SCHOOL CHILDREN BY ENDING RACIAL BUSING

Outlaw forced school busing for racial reasons and ensure that Florida will assist in overturning U. S. Supreme Court pro-racial busing decisions that curtail educational freedom of choice.

The following section shall be added to Article IX of the Florida Constitution:

Section 7. Racial School Busing. Involuntary busing of school children for racial reasons is unconstitutional and State of Florida officials are mandated to use their best efforts to similarly amend the U. S. Constitution while endeavoring to legally reverse the U. S. Supreme Court’s pro-racial busing decisions and should that fail due to the actions or inactions of the U. S. Courts, then to vigorously support impeachment of those judges and justices who thwart the will of the majority of Florida voters on this issue.

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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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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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EQUAL LIFE AMENDMENT PAC INITIATIVE

EQUAL VALUE OF HUMAN LIFE

Recognizes the equal value of human life that the conceived unborn share with other citizens. Eliminates most abortions and makes individuals responsible for their own lifestyles. Grants immediate rights and privileges to certain conceived unborn humans. Makes exceptions that would allow for the termination of a life to protect another life or as punishment for crime. Would permit the termination of a life that was the result of a properly reported rape or incest.

Article I, Section 24 is created to read:

Section 24. (a) The conceived unborn shall have all rights and privileges granted natural persons by this Declaration of Rights and the laws of the State of Florida. As used herein, conceived unborn shall mean an offspring of human beings from fertilization of the ovum of a female by a sperm of a male through birth, but shall not include any such offspring that is the product of rape or incest reported to law enforcement authorities.

(b) No natural person shall be put to death except in such circumstances as may be determined by law as punishment for a crime or to protect another from death.

(c) If subsection (b) of this amendment to the Florida Constitution were to be held unconstitutional for containing more than one subject, this amendment shall be limited to subsection (a) above.

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FLORIDA EDUCATION FIRST COMMITTEE INITIATIVE

EDUCATION FIRST!

Current Procedure: Education funding is part of a massive spending bill. There is no separate vote on education spending.

Proposed Changes: Create a separate funding bill exclusively for education. Hear the education bill first before other spending bill(s). And, provide a forty-eight hour delay between the time the education bill is finalized and the vote is cast.

A joint resolution proposing amendments to Sections 8 and 12, Article III of the state Constitution, relating to appropriation bills and executive approval and veto of such bills. The following amendments to Sections 8 and 12 of Article III of the state Constitution are hereby agreed to and shall be submitted to the electors of this State for approval or rejection at the general election to be held in November 1990:

ARTICLE III

Section 8. Executive Approval and Veto.

(a) Every bill passed by the legislature shall be presented to the governor for his approval and shall become a law if he approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, he shall have fifteen consecutive days from the date of presentation to act on the bill. In all cases except a general appropriation bill or an appropriation bill limited to education, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill or in an appropriation bill limited to education, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates.

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

(c) If each house shall, by a two-thirds vote, reenact the bill or reinstate the vetoed specific appropriation of a general appropriation bill or appropriation bill limited to education, the vote of each member voting shall be entered on the respective journals, and the bill shall become law or the specific appropriation reinstated, the veto notwithstanding.

Section 12. Appropriation Bills. Laws making appropriations for salaries of public officers and current expenses of the state with respect to education shall contain provisions on no other subject and shall be enacted before enactment of general appropriation bills. A house may not vote on an appropriation bill limited to education sooner than forty-eight hours after that house last voted on an amendment offered to the bill.

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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.

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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.