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SENATE JOINT RESOLUTION NO. 2606

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

That the following amendment to Section 3 of Article III of the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election, and, if approved, shall take effect upon such approval:

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. A regular session of the legislature shall convene on the first Tuesday after the first Monday in March of each odd-numbered year, and on the first Tuesday after the first Monday in March, 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

Start of Regular Sessions of the Legislature. Proposing an amendment to the State Constitution, effective upon approval, to provide that the annual 60-day regular sessions of the Legislature begin on the first Tuesday after the first Monday in March.

Filed in Office Secretary of State May 13, 1994.

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HOUSE JOINT RESOLUTION NO. 2053

A joint resolution proposing an amendment to Section 1 of Article VII and the creation of Section 21 of Article XII of the State Constitution relating to state revenue limitation.

That the amendment to Section 1 of Article VII and the creation of Section 21 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 1994:

ARTICLE VII

FINANCE AND TAXATION

Section 1. Taxation; Appropriations; State Expenses; State Revenue Limitation.

(a) No tax shall be levied except in pursuance of law. No state ad valorem taxes shall be levied upon real estate or tangible personal property. All other forms of taxation shall be preempted to the state except as provided by general law.

(b) Motor vehicles, boats, airplanes, trailers, trailer coaches and mobile homes, as defined by law, shall be subject to a license tax for their operation in the amounts and for the purposes prescribed by law, but shall not be subject to ad valorem taxes.

(c) No money shall be drawn from the treasury except in pursuance of appropriation made by law.

(d) Provision shall be made by law for raising sufficient revenue to defray the expenses of the state for each fiscal period.

(e) Except as provided herein, state revenues collected for any fiscal year shall be limited to state revenues allowed under this subsection for the prior fiscal year plus an adjustment for growth. As used in this subsection, "growth" means an amount equal to the average annual rate of growth in Florida personal income over the most recent twenty quarters times the state revenues allowed under this subsection for the prior fiscal year. For the 1995-1996 fiscal year, the state revenues allowed under this subsection for the prior fiscal year shall equal the state revenues collected for the 1994-1995 fiscal year. Florida personal income shall be determined by the legislature, from information available from the United States Department of Commerce or its successor on the first day of February prior to the beginning of the fiscal year. State revenues collected for any fiscal year in excess of this limitation shall be transferred to the budget stabilization fund until the fund reaches the maximum balance specified in Section 19(g) of Article III, and thereafter shall be refunded to taxpayers as provided by general law. State revenues allowed under this subsection for any fiscal year may be increased by a two-thirds vote of the membership of each house of the legislature in a separate bill that contains no other subject and that sets forth the dollar amount by which the state revenues allowed will be increased. The vote may not be taken less than seventy-two hours after the third reading of the bill. For purposes of this subsection, "state revenues" means taxes, fees, licenses, and charges for services imposed by the legislature on individuals, businesses, or agencies outside state government. However, "state revenues" does not include: revenues that are necessary to meet the requirements set forth in documents authorizing the issuance of bonds by the state; revenues that are used to provide matching funds for the federal Medicaid program with the exception of the revenues used to support the Public Medical Assistance Trust Fund or its successor program and with the exception of state matching funds used to fund elective expansions made after July 1, 1994; proceeds from the state lottery returned as prizes; receipts of the Florida Hurricane Catastrophe Fund; balances carried forward from prior fiscal years; taxes, licenses, fees, and charges for services imposed by local, regional, or school district governing bodies; or revenue from taxes, licenses, fees, and charges for services required to be imposed by any amendment or revision to this constitution after July 1, 1994. An adjustment to the revenue limitation shall be made by general law to reflect the fiscal impact of transfers of responsibility for the funding of governmental functions between the state and other levels of government. The legislature shall, by general law, prescribe procedures necessary to administer this subsection.

ARTICLE XII

SCHEDULE

Section 21. State Revenue Limitation. The amendment to Section 1 of Article VII limiting state revenues shall take effect January 1, 1995, and shall first be applicable to state fiscal year 1995-1996.

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:

LIMITATION ON STATE REVENUE COLLECTIONS

Limits state revenue collections to the prior year’s allowed revenue plus an adjustment for growth based on the growth rate of state personal income over the preceding five years, with excess collections deposited in the budget stabilization fund until fully funded and then refunded to taxpayers. Defines "state revenues." Allows the Legislature to increase this limit by 2/3 vote. Requires adjustment of the limitation to reflect transfers of responsibility for funding governmental functions.

Filed in Office Secretary of State May 18, 1994.

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LIMITING MARINE NET FISHING INITIATIVE

Be it enacted by the people of Florida that: Article X, Florida Constitution is hereby amended to add the following:

Section 16. Limiting Marine Net Fishing.

(a) The marine resources of the State of Florida belong to all of the people of the state and should be conserved and managed for the benefit of the state, its people, and future generations. To this end the people hereby enact limitations on marine net fishing in Florida waters to protect saltwater finfish, shellfish, and other marine animals from unnecessary killing, overfishing and waste.

(b) For the purpose of catching or taking any saltwater finfish, shellfish or other marine animals in Florida waters:

(1) No gill nets or other entangling nets shall be used in any Florida waters; and

(2) In addition to the prohibition set forth in (1), no other type of net containing more than 500 square feet of mesh area shall be used in nearshore and inshore Florida waters. Additionally, no more than two such nets, which shall not be connected, shall be used from any vessel, and no person not on a vessel shall use more than one such net in nearshore and inshore Florida waters.

(c) For purposes of this section:

(1) "gill net" means one or more walls of netting which captures saltwater finfish by ensnaring or entangling them in the meshes of the net by the gills, and "entangling net" means a drift net, trammell net, stab net, or any other net which captures saltwater finfish, shellfish, or other marine animals by causing all or part of heads, fins, legs, or other body parts to become entangled or ensnared in the meshes of the net, but a hand thrown cast net is not a gill net or an entangling net;

(2) "mesh area" of a net means the total area of netting with the meshes open to comprise the maximum square footage. The square footage shall be calculated using standard mathematical formulas for geometric shapes. Seines and other rectangular nets shall be calculated using the maximum length and maximum width of the netting. Trawls and other bag type nets shall be calculated as a cone using the maximum circumference of the net mouth to derive the radius, and the maximum length from the net mouth to the tail end of the net to derive the slant height. Calculations for any other nets or combination type nets shall be based on the shapes of the individual components;

(3) "coastline" means the territorial sea base line for the State of Florida established pursuant to the laws of the United States of America;

(4) "Florida waters" means the waters of the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida, and any other bodies of water under the jurisdiction of the State of Florida, whether coastal, intracoastal or inland, and any part thereof; and

(5) "nearshore and inshore Florida waters" means all Florida waters inside a line three miles seaward of the coastline along the Gulf of Mexico and inside a line one mile seaward of the coastline along the Atlantic Ocean.

(d) This section shall not apply to the use of nets for scientific research or governmental purposes.

(e) Persons violating this section shall be prosecuted and punished pursuant to the penalties provided in section 370.021(2)(a), (b), (c)6. and 7., and (e), Florida Statutes (1991), unless and until the legislature enacts more stringent penalties for violations hereof. On and after the effective date of this section, law enforcement officers in the state are authorized to enforce the provisions of this section in the same manner and authority as if a violation of this section constituted a violation of Chapter 370, Florida Statutes (1991).

(f) It is the intent of this section that implementing legislation is not required for enforcing any violations hereof, but nothing in this section prohibits the establishment by law or pursuant to law of more restrictions on the use of nets for the purpose catching or taking any saltwater finfish, shellfish, or other marine animals.

(g) If any portion of this section is held invalid for any reason, the remaining portion of this section, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

(h) This section shall take effect on the July 1 next occurring after approval hereof by vote of the electors.

Ballot Summary:

Limits the use of nets for catching saltwater finfish, shellfish, or other marine animals by prohibiting the use of gill and other entangling nets in all Florida waters, and prohibiting the use of other nets larger than 500 square feet in mesh area in nearshore and inshore Florida waters. Provides definitions, administrative and criminal penalties, and exceptions for scientific and governmental purposes.

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REVENUE LIMITS INITIATIVE

MAY PEOPLE’S AMENDMENTS LIMITING GOVERNMENTAL REVENUE BE ALLOWED TO COVER MULTIPLE SUBJECTS?

ARTICLE XI

Section 3. Initiative. The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. [Remaining text not changed.]

Ballot Summary:

This provision would expand the people’s rights to initiate constitutional changes limiting the power of government to raise revenue by allowing amendments to cover multiple subjects. This provision is effective immediately after voter approval for amendments effective thereafter.

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VOTER APPROVAL OF NEW TAXES INITIATIVE

SHOULD NEW TAXES REQUIRE VOTER APPROVAL IN THIS STATE?

Add this subsection to Article VII, Section 1, two days after voters approve:

(_) Voter Approval of New Taxes. No new taxes may be imposed except upon approval in a vote of the electors of the taxing entity seeking to impose the tax.

1. Definition of New Tax. The term new tax, for this subsection, includes the initiation of a new tax, the increase in the tax rate of any tax, or the removal of any exemption to any tax.

2. Emergency Taxes. This subsection shall not apply to taxes enacted, for an effective period not to exceed 12 months, by a three-fourths vote of the governing body of a taxing entity after the governing body has made a finding of fact that failure to levy the tax will pose an imminent and particularly described threat to the health or safety of the public.

Ballot Summary:

This provision requires voter approval of new taxes enacted in this State. New taxes include initiation of new taxes, increases in tax rates and eliminating exemptions to taxes. It does not limit emergency tax increases, lasting up to 12 months, which are approved by a three-fourths vote of a taxing entity’s governing body. The amendment is effective two days after voters approve.

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TAX LIMITATION INITIATIVE

SHOULD TWO-THIRDS VOTE BE REQUIRED FOR NEW CONSTITUTIONALLY-IMPOSED STATE TAXES/FEES?

Article XI of the Florida Constitution is hereby amended by creating a new Section 7 reading as follows:

Section 7. Notwithstanding Article X, Section 12(d) of this constitution, no new State tax or fee shall be imposed on or after November 8, 1994 by any amendment to this constitution unless the proposed amendment is approved by not fewer than two-thirds of the voters voting in the election in which such proposed amendment is considered. For purposes of this section, the phrase "new State tax or fee" shall mean any tax or fee which would produce revenue subject to lump sum or other appropriation by the Legislature, either for the State general revenue fund or any trust fund, which tax or fee is not in effect on November 7, 1994 including without limitation such taxes and fees as are the subject of proposed constitutional amendments appearing on the ballot on November 8, 1994. This section shall apply to proposed constitutional amendments relating to State taxes or fees which appear on the November 8, 1994 ballot, or later ballots, and any such proposed amendment which fails to gain the two-thirds vote required hereby shall be null, void and without effect.

Ballot Summary:

Prohibits imposition of new State taxes or fees on or after November 8, 1994 by constitutional amendment unless approved by two-thirds of the voters voting in the election. Defines "new State taxes or fees" as revenue subject to appropriation by State Legislature, which tax or fee is not in effect on November 7, 1994. Applies to proposed State tax and fee amendments on November 8, 1994 ballot and those on later ballots.

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PROPERTY RIGHTS INITIATIVE

SHOULD GOVERNMENT COMPENSATE OWNERS WHEN DAMAGING THE VALUE OF HOMES OR OTHER PROPERTY?

Revise Article I, Section 2 to read:

Section 2. Basic Rights. All natural persons are equal before the law and have inalienable rights, among which are the right to enjoy and defend life liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion or physical handicap. Any exercise of the police power, excepting the administration and enforcement of criminal laws, which damages the value of a vested private property right, or any interest therein, shall entitle the owner to full compensation determined by jury trial with a jury of not fewer than six persons and without prior resort to administrative remedies. This amendment shall take effect the day after approval by the voters.

Ballot Summary:

This amendment entitles an owner to full compensation when government action damages the value of the owner’s home, farm, or other vested private property right or interest therein. Excepts administration and enforcement of criminal law. Owners - including natural persons and businesses - are entitled to have full compensation determined by six-member jury trial without first having to go through administrative proceedings. This amendment becomes effective the day after voter approval.

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PROPOSITION FOR LIMITED CASINOS INITIATIVE

Section 1.

Section 7 of Article X is amended to revise its title to read "Lotteries and Limited Casinos," and to designate the existing text as subsection "(a)".

Section 2.

Subsection 7(b) of Article X is created to read:

The operation of a limited number of state regulated, privately owned gaming casinos is authorized, but only:

(1) at one facility each to be established within the present boundaries of Duval, Escambia, Hillsborough, Lee, Orange, Palm Beach and Pinellas Counties; and

(2) at two facilities to be established within the present boundary of Broward County; and

(3) at three facilities to be established within the present boundary of Dade County, two of which shall be within the present boundary of the city of Miami Beach - with one of those two being in the South Pointe Redevelopment Area - and the third facility shall be outside the present boundary of the City of Miami Beach; and

(4) with each pari-mutuel facility which has been authorized by law as of the effective date of this amendment and which has conducted a pari-mutuel meet in each of the two immediately preceding twelve month periods; provided that no casino located with a pari-mutuel facility shall have a gaming area in excess of 75,000 square feet; and -

(5) at not more than five riverboat casino facilities having a gaming area not in excess of 40,000 square feet, as the legislature may approve within the present boundaries of counties not identified in paragraphs (1), (2) and (3); provided that the legislature shall not approve more than one riverboat casino in any one county.

Section 3.

By general law, the legislature shall implement this section, including legislation to regulate casinos, to tax casinos, and to license casinos to pari-mutuel permit holders and at the other authorized facilities.

Section 4.

This amendment shall take effect on the date approved by the electorate; provided however, that no casino gaming shall be authorized to operate in the state until July 1, 1995.

Ballot Summary:

Authorizing a limited number of gaming casinos in Broward, Dade, Duval, Escambia, Hillsborough, Lee, Orange, Palm Beach and Pinellas Counties, with two in Miami Beach; and limited-size casinos with existing and operating pari-mutuel facilities; and if authorized by the legislature up to five limited-size riverboat casinos in the remaining counties, but only one per county. Mandating implementation by the legislature. Effective upon adoption, but prohibiting casino gaming until July 1, 1995.

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LAWS RELATED TO DISCRIMINATION ARE RESTRICTED TO CERTAIN CLASSIFICATIONS INITIATIVE

Be it Enacted by the People of Florida That:

Therefore, to the extent permitted by the Constitution of the United States, the people of Florida, exercising their reserved powers, hereby declare that:

1) Article I, Section 10 of the Constitution of the State of Florida is hereby amended by:

a) inserting "(a)" before the first word thereof and,

b) adding a new subsection "(b)" at the end thereof to read: (b) The state, political subdivisions of the state, municipalities or any other governmental entity shall not enact or adopt any law regarding discrimination against persons which creates, establishes or recognizes any right, privilege or protection for any person based upon any characteristic, trait, status or condition other than race, color, religion, sex, national origin, age, handicap, ethnic background, marital status or familial status. As used herein the term "sex" shall mean the biological state of being either a male person or a female person; "marital status" shall mean the state of being lawfully married to a person of the opposite sex, separated, divorced, widowed or single; and "familial status" shall mean the state of being a person domiciled with a minor, as defined by law, who is the parent or person with legal custody of such minor or who is a person with written permission from such parent or person with legal custody of such minor.

2) All laws previously enacted which are inconsistent with this provision are hereby repealed to the extent of such inconsistency.

3) This amendment shall take effect on the date it is approved by the electorate.

Ballot Summary:

Restricts laws related to discrimination to classifications based upon race, color, religion, sex, national origin, age, handicap, ethnic background, marital status or familial status. Repeals all laws inconsistent with this amendment.

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SAVE OUR EVERGLADES INITIATIVE

(a) The people of Florida believe that protecting the Everglades Ecosystem helps assure clean water and a healthy economy for future generations. The sugarcane industry in the Everglades Ecosystem has profited while damaging the Everglades with pollution and by altering water supply. Therefore, the sugarcane industry should help pay to clean up the pollution and to restore clean water. To that end, the people hereby establish a Trust, controlled by Florida citizens, dedicated to restoring the Everglades Ecosystem, and funded initially by a fee on raw sugar from sugarcane grown in the Everglades Ecosystem.

(b) Article X, Florida Constitution, is hereby amended to add the following:

Section 16. Save Our Everglades Trust Fund.

(a) There is established the Save Our Everglades Trust Fund (Trust). The sole purpose of the Trust is to expend funds to recreate the historical ecological functions of the Everglades Ecosystem by restoring water quality, quantity, timing and distribution (including pollution clean up and control, exotic species removal and control, land acquisition, restoration and management, construction and operation of water storage and delivery systems, research and monitoring).

(b) The Trust shall be administered by five Trustees. Trustees shall be appointed by the governor, subject to confirmation by the Senate, within thirty days of a vacancy. Trustees’ appointments shall be for five years; provided that the terms of the first Trustees appointed may be less than five years so that each Trustee’s term will end during a different year. Trustees shall be residents of Florida with experience in environmental protection, but Trustees shall not hold elected governmental office during service as a Trustee. Trustees may adopt their own operating rules and regulations, subject to generally-applicable law. Disputes arising under this Section shall be first brought to a hearing before the Trustees, and thereafter according to generally-applicable law. Trustees shall serve without compensation but may be reimbursed for expenses.

(c) The Trust shall be funded by revenues which shall be collected by the State and deposited into the Trust, all of which funds shall be appropriated by the Legislature to the Trustees to be expended solely for the purpose of the Trust. Revenues collected by the State shall come from a fee on raw sugar from sugarcane grown within the Everglades Ecosystem. The fee shall be assessed against each first processor of sugarcane at a rate of $.01 per pound of raw sugar, increased annually by any inflation measured by the Consumer Price Index for all urban consumers (U. S. City Average, All Items), or successor reports of the United States Department of Labor, Bureau of Labor Statistics or its successor, and shall expire twenty-five years after the effective date of this Section.

(d) For purposes of this Section, the Everglades Ecosystem is defined as Lake Okeechobee, the historical Everglades watershed west, south and east of Lake Okeechobee, Florida Bay and the Florida Keys Coral Reef, provided that the Trustees may refine this definition.

(e) Implementing legislation is not required for this Section, but nothing shall prohibit the establishment by law or otherwise of other measures designed to protect or restore the Everglades. If any portion of this Section is held invalid for any reason, the remaining portion of this Section shall be severed from the void portion and given the fullest possible force and application. This Section shall take effect on the day after approval by the electors.

Ballot Summary:

Creates the Save Our Everglades Trust to restore the Everglades for future generations. Directs the sugarcane industry, which polluted the Everglades, to help pay to clean up pollution and restore clean water supply. Funds the Trust for twenty-five years with a fee on raw sugar from sugarcane grown in the Everglades Ecosystem of one cent per pound, indexed for inflation. Florida citizen trustees will control the Trust.

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STOP EARLY RELEASE OF PRISONERS INITIATIVE

Shall the following be added to the Florida Constitution, Article I, Section 16:

Except for pardon, clemency and incentive gain time, no state prisoner shall be released prior to serving the full term of the lawful sentence of incarceration. Granting of incentive gain time shall not be automatic but awarded only for good conduct. In no event shall incentive gain time exceed fifteen days for every one hundred days of the sentence.

Ballot Summary:

A state constitutional amendment to ensure that state prisoners serve at least eighty-five percent of their sentence.

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FUNDING FOR CRIMINAL JUSTICE INITIATIVE

This initiative petition would create Section 20 of Article III of the Florida Constitution to provide as follows:

Section 20. Criminal Justice Trust Fund. There is hereby created the Criminal Justice Trust Fund which shall be funded by a tax of up to one percent on the sale of goods and/or services as provided by law. The Criminal Justice Trust Fund shall be subject to appropriation by the Legislature to fund prisons, juvenile detention facilities, and Florida’s other criminal justice purposes; provided, however, that no such funds shall be used to replace or substitute funding at a level less than that allocated to the criminal justice system in the budget for the 1993-1994 fiscal year.

Ballot Summary:

Creates the Criminal Justice Trust Fund dedicated to criminal justice purposes and funded by up to one percent tax on the sale of goods and/or services provided no trust funds are used to replace funding at a level less than that allocated to criminal justice in the 1993-1994 budget.

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MINIMUM WAGE ESTABLISHED INITIATIVE

Article I, Section 24, is created to read:

1. Every natural person, age 16 or older, employed by any other person who, directly or indirectly, or through any other person, has control over their wages, hours, or working conditions, shall be compensated monetarily at no less than a minimum hourly wage. This wage shall be set, and adjusted annually on July one, to be no less than the current federally established annual poverty threshold income for a family of three, divided by 2080 hours.

2. This amendment shall take effect at 12:01 o’clock a.m., on July 1 of the year following its passage.

3. 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.

Ballot Summary:

Florida is one of the last remaining states without its own minimum wage standard. This amendment would ensure that every employee in Florida, age 16 or older, be paid an hourly wage that will provide an annual income that is no less than the annual poverty level for a family of three.

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A CONSTITUTIONAL AMENDMENT REMOVING CRIMINAL PENALTIES FOR POSSESSION/SALE OF CONTROLLED SUBSTANCES/DRUGS INITIATIVE

Article II of the Florida Constitution is hereby amended by adding Section 10.

Section 10. Repeal of Criminal Penalties for Possession/Sale of Controlled Substances/Drugs.

(a) It is hereby declared to be the Constitutional law and policy of the State of Florida that criminal penalties are repealed and removed for possession/sale of controlled substances/drugs. This Amendment shall be liberally construed to implement its remedial purposes.

(b) This Amendment shall not apply to criminal laws protecting either children under the age of 18 or school facilities or within 500 feet of a school facility.

(c) This Amendment is self-executing and becomes effective upon adoption by the voters of the State of Florida.

(d) Nothing in this Amendment will apply to or prevent criminal penalties or prosecutions by the federal government.

(e) The legislature is directed to use its best efforts to apply some public funds which are saved by this Amendment to drug rehabilitation and prevention programs and related public health programs, including family preservation programs.

(f) Nothing in this Amendment prevents the legislature from adopting civil laws to implement public health or regulatory measures which restrict controlled substances/drugs or prevent their sale/distribution. Nothing in this Amendment should be deemed to "legalize" controlled substances/drugs or to encourage, endorse or condone their possession, sale or use.

Ballot Summary:

This amendment would repeal and remove criminal penalties for possession/sale of controlled substances/drugs in Florida. It would divert some state funding to drug rehabilitation and prevention programs. It would NOT prohibit or restrict any criminal penalties or prosecutions by the federal government.

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COURT REFORM INITIATIVE

The Florida Constitution is hereby amended by deleting existing Article V and substituting new Article V:

ARTICLE V

Section 1. Courts.

(a) Judicial Power. 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. Although subject to judicial review, family tribunals shall not be considered judicial forums.

(b) Apportionment. The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. The legislature may by general law create sufficient additional courts of appeal to ensure access to reasonably prompt justice or review by every litigant before any court or tribunal. The workload and docket of each district court of appeal shall be periodically reviewed by the legislature to ensure that the geographic districts equitably distribute the work of the courts.

(c) Standards of Justice and Procedure. It shall be the constitutional law and policy of this state that any and all judicial, legal, adjudicative and administrative tribunals of the state shall endeavor at all times to do substantial justice between the parties and shall not unduly handicap or disadvantage any litigant because of technicalities or adherence to rigid remedies or procedure or inability to appear by legal counsel. The courts and tribunals shall make every reasonable effort to provide an expeditious remedy to all litigants who appear before them.

(d) Administrative Agencies. Commissions established by general or local law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices.

Section 2. Administration; Practice and Procedure.

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

(b) There shall be a chief justice for the supreme court, who shall be the senior justice of the court who either has not served as chief justice or whose service as chief justice is most remote in time. The term of the chief justice shall be one year. The chief justice shall be the chief administrative officer of the judicial system and may be sued in that capacity. The chief justice shall have the power to assign justices or judges, including consenting retired justices or judges, to temporary duty on any court for which the judge is qualified and to delegate to a chief judge of a judicial circuit the power to assign judges for duty in that respective circuit.

(c) There shall be a chief judge for each district court of appeal, who shall be the senior judge of the court who either has not served as chief judge or whose service as chief judge is most remote in time. The term of the chief judge shall be one year. The chief judge shall be the chief administrative officer of the court and may be sued in that capacity.

(d) There shall be a chief judge for each judicial circuit, who shall be the senior judge of the circuit who either has not served as chief judge or whose service as chief judge is most remote in time. The term of the chief judge shall be one year. The chief judge shall be the chief administrative officer of the circuit and county courts in the circuit and may be sued in that capacity.

(e) All courts except the supreme court may sit in divisions as established by general law or applicable rule of the supreme court. A circuit or county court may hold civil and criminal trials and hearings in any place within the territorial jurisdiction of the court as designated by the chief judge of the circuit.

Section 3. Supreme Court.

(a) Organization. The supreme court shall consist of nine (9) justices. Of the nine justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a bona fide resident of the district at the time of their original appointment or election. Five justices shall constitute a quorum. The concurrence of five 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 district courts of appeal either affirming the death penalty or declaring invalid a state statute or a provision of the state constitution.

(2) When provided by general law, shall hear appeals from final judgments of district courts of appeal either entered in proceedings for the validation of bonds or certificates of indebtedness or relating to action by statewide agencies regulating rates or service of public utilities.

(3) May issue writs of certiorari in similar manner to the Supreme Court of the United States to review the decision of any district court of appeal. Such review shall be discretionary with the Supreme Court.

(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, or in which a district court of appeal by certification at any time in any civil or criminal case requests instructions as to any question of law; in all of these cases the supreme court shall have discretionary jurisdiction.

(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 significant 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, mandamus and supervision to all courts in the state and all writs necessary to the complete exercise of or in aid 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.

Section 4. District Courts of Appeal.

(a) Organization. There shall be a district court of appeal serving each appellate district. Each district court of appeal shall consist of at least nine (9) judges. Five judges shall consider each case and the concurrence of three shall be necessary to a decision.

(b) Location. Each district court of appeal shall be housed in its own courthouse, physically separated from the immediate vicinity of any circuit courthouse or the supreme court building.

(c) Jurisdiction.

(1) District courts of appeal shall have jurisdiction to hear appeals that may be taken as a matter of right from final judgments or orders of circuit or other courts, including those entered on review of administrative action. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court, or in aid of their own jurisdiction.

(2) District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law.

(3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof or before any circuit judge within the territorial jurisdiction of the court. A district court of appeal may issue writs of mandamus, prohibition, certiorari, quo warranto and any and all other writs necessary to the complete exercise of or in aid of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts.

(d) Clerks and Marshals. Each district court of appeal 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. 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.

Section 5. Circuit Courts.

(a) Organization. There shall be a circuit court serving each judicial circuit.

(b) Jurisdiction. The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs of mandamus, quo warranto, certiorari, prohibition and habeas corpus, and all writs necessary to and in aid of their jurisdiction. Jurisdiction of the circuit court shall be uniform throughout the state. They shall have the power of direct review of administrative action as prescribed by general law.

(c) Procedure. Defendants in criminal cases, and any party to a civil case, shall be able to request that a case be heard by a court composed of one lawyer and two non-lawyer judges under rules, practices and procedures established by the supreme court.

Section 6. County Courts.

(a) Organization. There shall be a county court in each county. There shall be one or more judges for each county court as prescribed by general law.

(b) Jurisdiction. The county courts shall exercise the jurisdiction prescribed by general law. Such jurisdiction shall be uniform throughout the state.

(c) Procedure. Defendants in criminal cases, and any party to a civil case, shall be able to request that a case be heard by a court composed of one lawyer and two non-lawyer judges under rules, practices and procedures established by the supreme court.

Section 7. Family Tribunals.

(a) Organization. There shall be a family tribunal in each circuit which shall be subject to the general organizational procedures of the circuit court. The legislature may by general law prescribe a name for the family tribunal in lieu of family tribunal. Proceedings before a tribunal shall be conducted before an officer appointed as set forth in this article.

(b) Jurisdiction. The family tribunal shall exercise jurisdiction over all divorce, adoption, custody, paternity and family related proceedings, not involving criminal offenses. Once a family tribunal case is commenced the tribunal in the original county, or in a county to which the cause may be transferred for the convenience of the parties, shall have jurisdiction of all matters involving the family including disputes related to divorce, separation, support, visitation, and other parental and family rights and obligations. All obligations and responsibilities of all parents and children shall be considered as a whole and issues shall not be isolated or truncated to the disadvantage of a parent or party. In the absence of conviction of a crime every parent and every child shall have the right to equal access and custody to all other members of the family before the tribunal. In cases of divorce or custody, parents shall have equal rights and equal responsibilities concerning their children. No divorce shall be granted except on a finding of fault by the tribunal, and upon the certification by the tribunal that the marriage may not be rehabilitated to protect the rights of children under the age of 18 years. The family tribunal shall have the power to issue orders and remedial directions to require both parents and other parties to rehabilitate a marriage when there are children under the age of 18 years.

(c) Procedure. Practice and procedure before the family tribunal shall be informal and nonadversarial. By general rule the supreme court shall adopt rules of practice and procedure to ensure informality and nonadversarial practices, procedures and proceedings. Such rules shall be written in simple English as shall be comprehensible to an average graduate of a high school. Parties shall be permitted to appear either in their own person or by counsel, but the rules of practice and procedure shall provide that no party shall be disadvantaged procedurally or substantively because of inability to appear by or retain legal counsel.

(d) Review. Review of either final decisions or interlocutory decisions determining a substantial issue in a matter before the family tribunal may be reviewed by a district court of appeal as prescribed by rules adopted by the supreme court. In any review proceedings which are permitted by law, the practices, procedures and proceedings shall be informal and nonadversarial and directed at doing substantial justice to both parents and their children.

Section 8. Eligibility and Term Limits.

(a) General Eligibility. No person shall be eligible for the office of justice, judge or family tribunal officer unless that person is a bona fide resident of the state and resides in the territorial jurisdiction of the court. No justice or judge or officer shall serve after attaining the age of seventy years except to complete a term of appointment. No person shall be appointed a judge or officer who shall not have attained the age of thirty-five years. Membership in any bar association or similar organization shall not be a requirement for serving as a judge.

(b) Term Limits. No person shall serve as a justice of the supreme court for more than ten years, not counting any partial year less than one year, in total years of service, nor as a judge of the district court of appeal for more than ten years of total service, not counting any partial year less than one year, nor as a circuit or county judge or family officer for more than ten years of total service, not counting any partial year less than one year. A person may serve a cumulative total of thirty years of service, ten at each level of the judicial system, not counting partial years of service.

(c) Educational and Professional Qualifications.

(1) A majority of the judges of the supreme court shall be graduates of law schools recognized by the supreme court. No more than four seats on the supreme court may be filled by persons not holding a law degree but holding a minimum of a bachelor’s degree from any four-year university.

(2) A majority of the judges of the district court of appeal, and a majority of the judges sitting on any panel, shall be graduates of law schools recognized by the Supreme Court. Any remaining seats may be filled by persons who meet the criteria established for the supreme court.

(3) A majority of the judges on the circuit and county courts shall be graduates of law schools recognized by the supreme court. If actual practice and procedure with three-judge panels establishes a need for more non-lawyer judges, the legislature may as provided in Section 9 below may establish additional judicial positions to ensure expeditious access to justice.

(4) A family tribunal officer need not be a graduate of a law school but shall hold at least a bachelor’s degree from any four-year university.

Section 9. Number of Judges. The legislature shall establish the number of judges and family tribunal officers who shall be appointed and serve, provided however that it shall obey and respect the mandate of this article that justice and access to judicial remedies be reasonably prompt.

Section 10. Legal Services and the Practice of Law.

(a) Any person may appear before any court or tribunal by any person acceptable to the litigant provided they meet the requirements below. A person who chooses a representative who is not a graduate of a law school shall be responsible for the consequences of that choice.

(b) Any person holding a bachelor’s degree from a four-year university may offer legal services and appear at the circuit court or above level, and provide nonjudicial legal services to any person or artificial entity such as a corporation.

(c) Any person holding a paralegal degree or certificate from a community college or similar two-year institution may offer legal services and appear at the county court or family tribunal level, and provide nonjudicial legal services to any person or artificial entity such as a corporation.

(d) Any person who is not a graduate of a law school who offers legal services to any other person shall provide any customer or client with a statement containing basic information about (i) the educational background of the legal service provider; (ii) any criminal convictions of the legal service provider; (iii) any past history of imposition of civil fines or other civil punishment for fraud or misconduct in providing legal services by the service provider. The supreme court shall establish the form of disclosure to be provided by such providers to clients and customers but said form shall be simple and information and not unduly technical. The common law of fraud, and any law or laws regulating false, fraudulent, deceptive or unfair consumer services or general conduct shall be applicable to regulate and prohibit fraud and deception by persons providing legal services. It shall not be a defense to any accusation or finding of fraud or other impropriety that a person lacks a law degree or legal education.

(e) The supreme court may establish voluntary codes of conduct and ethical standards based on existing standards and procedures. Graduates of law schools or other legal service providers may advertise freely, but truthfully, and may join together for the purpose of establishing joint and voluntary associations or standards of conduct.

(f) Any person who is guilty of a pattern of fraud or deception may be prohibited from providing legal services; said guilt shall be established by a fair preponderance of the evidence in a civil proceeding maintained by the state attorney for any circuit pursuant to general principles of equity or as established by general law.

Section 11. Appointment.

(a) Appointments and Vacancies. The governor shall fill each vacancy on any court or tribunal by appointing a person for a term of ten years, more or less, for a term ending on the first Tuesday after the first Monday in January not less than ten and not more than eleven years after the appointment becomes effective. All appointments shall come from a list of candidates presented to the governor by the relevant judicial nominating commission.

(b) Nominations. There shall be a separate judicial nominating commission as provided by general law for the supreme court, each district court of appeal, and each judicial circuit for all courts and family tribunals within the circuit. Uniform rules of procedure shall be established by the judicial nominating commissions at each level of the county system. Such rules shall be established by the supreme court. These rules may be repealed by general law enacted by a simple majority vote of the membership of each house of the legislature. Except for deliberations on actual nominations, the proceedings of the commissions and their records shall be open to the public at all times.

(c) Commission eligibility. No person who is regularly engaged in the practice of law or providing legal services or advice shall serve on a judicial nominating commission. No member who is a countywide or state officer of any political party shall serve on a commission. No elected public official may serve on any commission.

Section 12. Discipline; Removal and Retirement.

(a) There shall be a Florida courts commission vested with the jurisdiction to investigate and recommend to the supreme court the suspension, discipline or removal from office of any judge or officer serving under this article.

(b) The eligibility restrictions for serving on the courts commission shall be the same as those for service on a judicial nominating commission.

(c) Rules for the commission shall be established by the supreme court. These rules may be repealed by general law enacted by a simple majority vote of the membership of each house of the legislature. Except for deliberations on actual decisions, the proceedings of the commission and its records shall be open to the public at all times.

(d) The governor shall appoint the commission by appointing a person for a term of ten years, more or less, for a term ending on the first Tuesday after the first Monday in January not less than ten and not more than eleven years after the appointment becomes effective. All appointments shall come from a list of candidates presented to the governor by the district court of appeal nominating commissions. Two members of the courts commission shall come from each district court of appeal district. A majority of the members shall be eligible to petition the supreme court for discipline, suspension or removal from office of a judge or officer.

(e) The commission shall have access to all information from all executive, legislative and judicial agencies and branches of government, including grand juries, subject to the rules of the commission. At any time, on request of the speaker of the house of representatives or the governor, the commission shall make available all information in the possession of the commission for use in consideration of impeachment or suspension of a justice, judge or officer, respectively.

(f) All persons serving under this article shall be expected to maintain and adhere to the highest standards of ethics, integrity, impartiality, fairness and respect for the law and due process. Any judge or officer failing to meet these standards shall be subject to discipline, suspension or removal from office. In imposing discipline under this section the supreme court shall err on the side of discipline, suspension and removal, with the paramount purpose of protecting the public, not the judge or officer.

(g) The supreme court shall establish a code of conduct for justices, judges and officers based on existing, established principles of law. The standards of conduct established by these rules may be enhanced by laws enacted by a simple majority vote of the membership of each house of the legislature.

(i) Upon the recommendation of a majority of the commission the supreme court shall discipline, suspend or remove a judge or officers from office as fairness and due process shall suggest. Malafides, scienter or moral turpitude on the part of a justice, judge or officer shall not be required for discipline, suspension or removal from office. In any proceedings brought against a judge or officer for discipline, suspension or removal from office it shall not be a defense that the judge lacked a law degree or legal education. The disciplinary powers conferred and created and mandated by this section shall be both alternative and cumulative to the power of impeachment and to the power of suspension by the governor and removal by the senate.

(j) Common law judicial immunity is hereby abolished in Florida for all justices, judges, officers and elected officials serving under this article. A justice, judge, officer or other elected or other official shall be liable for damages for misconduct on the same basis as any other public official not serving under this article. Every litigant shall be entitled to one change of judge (recusal) as a matter of right.

Section 13. Compensation and Prohibited Activities. All persons appointed as justices, judges or officers under this article shall be compensated only by state salaries fixed by general law. No court or tribunal, justice, judge or officer shall have the power to fix appropriations. All persons appointed as justices, judges or officers under this article shall devote full time to their official duties. They shall not provide legal services to anyone at any time and shall not hold office in any political party.

Section 14. 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, the state attorney shall be the prosecuting officer in all trial courts in the circuit and shall perform other duties prescribed by general law. A state attorney shall meet the same standards for eligibility for election as a non-lawyer judge for appointment to the circuit court. A state attorney or assistant state attorney shall devote full time to the duties of office and shall not engage in the private practice of law. State attorneys shall appoint such assistant state attorney as may be authorized by law. The legislature shall by general law provide adequate financial resources to state attorneys so they may expeditiously carry out their duties under this constitution and article and this provision shall be enforceable in a judicial proceeding by any state attorney.

Section 15. Public Defenders. In each judicial circuit a public defender shall be elected for a term of four years. Except as otherwise provided in this constitution, the public defender shall provide a defense for persons facing criminal prosecution in all trial and appellate courts in the circuit who are unable to retain a graduate of a law school to represent them and shall perform other duties prescribed by general law. A public defender shall meet the same standards for eligibility for election as a non-lawyer judge for appointment to the circuit court. A public defender or assistant public defender shall devote full time to the duties of office and shall not engage in the private practice of law. Public defenders shall appoint such assistant public defenders as may be authorized by law. The legislature shall be general law provide adequate financial resources to public defenders so they may expeditiously carry out their duties under this constitution and article and this provision shall be enforceable in a judicial proceeding by any public defender.

Section 16. Transition Schedule. The legislature may by general law adopt a transition schedule for shifting from the existing scheme of election and appointment of justices and judges to the provisions contained in this new article. No sitting justice or judge shall be removed as a result of the adoption of this article and any sitting justice or judge shall be eligible to reapply for appointment when the justice or judge’s term expires under the current article.

Section 17. Severability. If any provision of this revised article is held to be unconstitutional or otherwise invalidated or suspended, it shall not affect the constitutionality and implementation of all other provisions of the article.

Ballot Summary:

This amendment would repeal the existing Judiciary Article V of the Florida Constitution ("Judiciary") and enact a new Judiciary Article V which would reform the court system and legal profession as set forth in the text of the new article. New Article V would permit any citizen to offer legal services, reform and restructure the court system to eliminate family litigation, permit non-lawyers to serve as judges and change the procedures for disciplining judges.

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TO SECURE VOTERS’ RIGHT TO ELECT AND PRESERVE THE CONSTITUTIONAL OFFICE OF SHERIFF INITIATIVE

Shall Article VIII, Section 1(d), of the Constitution of the State of Florida be amended to include the following language:

There shall be elected for terms of four years in every county of the State a Sheriff who shall serve as the chief law enforcement and correctional officer, chief executive officer of the courts, and chief conservator of the peace in their respective counties. The sheriffs shall appoint deputies, bailiffs and correctional officers to act under them, and who shall have the same power as the sheriff appointing them and for the neglect and default of whom in the execution of their office the sheriff shall be responsible. The status, duties, powers and responsibilities of the sheriff shall be countywide and in no manner be changed or affected by county charter, nor limited by general law.

This amendment shall become effective on or before January 7, 1997.

Ballot Summary:

To return the office of Sheriff in all Florida counties as the chief law enforcement and correctional officer, chief executive officer of the courts and chief conservator of the peace, whose powers, duties and responsibilities shall not be affected by county charter nor limited by general law.

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ELECTION OF FLORIDA PUBLIC SERVICE COMMISSION INITIATIVE

Proposed revision of Article IV, Section 13:

ARTICLE IV

Section 13. Florida Public Service Commission.

(a) There shall be a public service commission composed of five members elected by the qualified electors of this state. The commission shall exercise the regulatory and executive powers of the state with respect to railroads and public utilities.

(b) The members of the public service commission shall be elected by the qualified electors of this state for appropriately staggered terms of four years, as provided by law.

(c) When elected, each member must be an elector not less than thirty years of age who has resided in the state for seven years immediately preceding the election.

Ballot Summary:

Proposing a revision of Article IV, Section 13 of the Florida Constitution to provide for a five-member public service commission, each member to be elected for staggered four-year terms of office; to require that members of such commission must be electors not less than thirty years of age and have resided within the state for the preceding seven years.

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EDUCATION FIRST! INITIATIVE

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.

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.

Ballot Summary:

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.

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FLORIDA TAX LIMITATION AMENDMENT INITIATIVE

Article VII, Section 1, Florida Constitution, is hereby amended to add the following:

To Section 1(d) add:

Beginning in fiscal year 1995-1996, the annual rate of growth in state tax revenue shall be limited to 10% below the average annual rate of growth in total state personal income of Florida over the most recent twenty quarters for which such information is available on the first day of the regular session of the legislature. Total state personal income shall be determined from information published by the United States Department of Commerce or its successor. Any tax revenue raised in excess of the permitted growth in state tax revenues shall be transferred to the surplus revenue fund until fully funded, pursuant to Section 19(g) of Article III, and thereafter refunded to taxpayers, as provided by general law. Except as provided in subsection (e) below, the tax revenue limitation contained in this section shall become the permanent limit on such tax revenue, and there shall be no increase in that limit unless such increase (i) is for a single fiscal year only, and (ii) is enacted in a separate bill for that purpose only and approved by a two-thirds (2/3) vote of the membership of each house of the legislature. For purposes of this subsection, the term "tax revenue" shall mean money received from taxes imposed by the legislature on individuals, businesses, or agencies outside state government. For purposes of this subsection, the term "tax revenue" shall not include money received from: taxes necessary to meet the requirements set forth in documents authorizing the issuance of bonds by the state where those bonds were issued prior to the effective date of this amendment; proceeds from the sale of lottery tickets; balances carried forward from prior fiscal years; or revenue from local option taxes authorized by the legislature.

(e) To permit the transfer of governmental functions, funding, or funding responsibilities between the federal and state governments and between the state and local governments, the legislature shall, by law, provide for adjustments of the state tax revenue limitation in subsection (d) as follows:

(1) If the federal government assumes all or any part of the cost of providing a governmental function that the state previously funded in whole or in part, the state tax revenue limitation in subsection (d) shall be commensurately decreased. If the federal government requires the state to assume all or any part of the cost of providing a governmental function, the state tax revenue limitation in subsection (d) shall be commensurately increased.

` (2) If the state requires a local unit of government to assume all or any part of the cost of providing a governmental function, as provided by Section 18 of this article, whether or not previously funded in whole or in part by the state, the state tax revenue limitation in subsection (d) shall be commensurately decreased. If the state assumes all or any part of the cost of providing a governmental function that a local unit of government previously funded in whole or in part, the state tax revenue limitation in subsection (d) shall be commensurately increased.

Ballot Summary:

Limits state tax revenue growth to 10% below the average growth rate of state personal income over the preceding five years. Allows increased taxes if the federal government removes funding or requires the state to spend additional money, or the state assumes local government functions, or upon a 2/3 vote of the legislature. Decreases tax revenue limit if the federal government assumes state functions, or the state requires local governments to assume state functions.

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EQUAL RIGHTS FOR BALLOT ACCESS INITIATIVE

The people of Florida believe that discrimination against minor parties leads to the election and reelection efforts of politicians becoming beholden to special interests and bureaucrats, and that open access to the ballot provides the public with a choice of political philosophies and can increase voter participation, citizen involvement in government and the number of persons who will run for elective office. Therefore, to the extent permitted by the Constitution of the United States, the people of Florida, exercising their reserved powers, hereby declare that:

1) Article VI Section 1 of the Constitution of the State of Florida is hereby amended by:

a) inserting "(a)" before the first word thereof:

Regulation of Elections.

(a) All elections by the people shall be direct and secret vote. General elections shall be determined by a plurality of votes cast. Registration and elections shall, and political party functions may be regulated by law.

and

b) adding a new subsection "(b)" at the end thereof to read:

(b) No political party shall be discriminated against on basis of religious belief, racial composition or size, except that allegiance to the United States of America, the State of Florida, and commitment to uphold, defend and preserve their respective constitutions with the rights guaranteed therefrom may be regulated by law. No political party may be favored over any other for ballot status and all filing times, petitions amounts required, or notification of primary or convention nominees shall be the same for all parties and candidates.

2) This amendment shall take effect on the date it is approved by the electorate.

3) If any portion of this measure is held invalid for any reason, the remaining portion of this measure to the fullest extent possible shall be severed from the void portion and given the fullest possible force and application.

Ballot Summary:

Prohibits discrimination based on religious beliefs, racial composition, or size; provides for legislative power to require allegiance to country and state; requires equal treatment for filing deadlines, petition requirements, or convention/primary status.

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LIMITED GAMING AND CASINOS INITIATIVE

Section 1. Subsection 7 Article X is amended to revise the title to read "Lotteries, Limited Casinos, Riverboat Casinos, Gaming and Casino Districts" and to designate the existing text as subsection "(a)".

Section 2. Subsection 7(b) of Article X is created to read:

1. The operation of a limited number of State Regulated, privately owned Gaming Casinos. 2. Gaming Casinos on State Regulated, privately owned Riverboats and on U. S. Registered commercial vessels. 3. Three State Regulated, privately owned Gaming and Casino Districts, is authorized, but only: (A) Gaming and Casinos, one in each Pari-Mutuel facility which has been authorized by law as of the effective date of this amendment and which has conducted Pari-Mutuel wagers in each of the two immediately preceding twelve month periods, provided that no Casino located within a Pari-Mutuel facility shall exceed 75,000 square feet; (B) on board stationary and non-stationary Riverboats and U. S. Registered commercial vessels in counties where the electors have authorized pursuant to an initiative referendum the conduct and operation of State Regulated, privately owned shipboard Gaming Casinos; (C) Three Gaming and Casino Districts including but not limited to Gaming and or Casinos in all transient lodging facilities within said districts, (a) that area of Dade and Broward County Florida, bounded on the East by the Atlantic Ocean, on the West by the nearest body of water or 660 feet west of the centerline of State road "A1A" as designated on April 8, 1994 to the centerline of 5th Street (U. S. #41) and also bounded on the West by the nearest, the nearest body of water or 1320 feet west of the centerline of Collins Avenue from its intersection with 5th Street southerly to Biscayne Street and the southerly prolongation of the centerline of Collins Avenue to an intersection with the centerline of Government Cut; bounded on the south by the centerline of Government Cut; and all land north of the point where A1A intersects with the most northerly point of Dania Beach Blvd. bounded on the east, west and north by the nearest bodies of water, and (b) two 1/8th mile by ½ mile Gaming and Casino Districts located as the legislature may approve.

Section 3. By general law the Legislature shall implement this section, to include legislation to require and to tax all forms of Gaming including Casinos, the proceeds of license fees and taxation shall become part of the general fund and shall be used to protect and serve the needs of the PEOPLE of the State of Florida.

Section 4. July 1, 1995 shall be the earliest date Gaming or Casinos maybe operated in the State. This amendment shall take effect on the date approved by the electorate.

Ballot Summary:

Authorizes: Shipboard casinos, three gaming and casino districts, limited size casinos at existing pari-mutuels.

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FLORIDA LOCALLY APPROVED GAMING INITIATIVE

Section 16 of Article X is created to read:

Section 16. Local Option Gaming.

(a) Twenty state-regulated, privately owned casinos are hereby authorized. Of such twenty casinos:

(1) All shall be located either aboard riverboats or in hotels;

(2) One casino aboard a riverboat may be located in every county with at least 200,000 residents, provided that there shall be no more than ten casinos aboard riverboats statewide; and

(3) One casino in a hotel shall be located in every county per each 500,000 residents in such county.

(b) Each county, but only as to the unincorporated area within its boundary, or municipality, by a vote of its governing body, may at any time after the effective date of this section authorize gaming within its jurisdiction as provided by this section.

(c) The following terms shall have the following meanings.

(1) "casino" means a licensed gaming facility aboard a riverboat or located in a hotel.

(2) "gaming" means playing or engaging in, for money or any other thing of value, baccarat, blackjack or twenty-one, craps, keno, poker, roulette, electronic gaming machines, slot machines or such other games of skill or chance as may be authorized by the legislature.

(3) "hotel" means a land-based hotel having at least 1,000 guest rooms.

(4) "riverboat" means a self-propelled, nonstationary excursion vessel which operates regularly within the state and its territorial and adjacent waters.

(d) By general law enacted no later than July 1, 1995, the legislature shall implement this section with legislation to license, regulate and tax gaming.

(e) If any portion of this section is held invalid for any reason, the remaining portion or portions of this section, to the fullest extent possible, shall be severed from the void portion and be given the fullest possible force and application.

(f) This amendment shall take effect on the date approved by the electors, provided that no casinos shall be authorized to operate before July 1, 1995.

Ballot Summary:

This amendment authorizes gaming at twenty casinos; authorizes casinos aboard riverboats and in hotels of one thousand rooms or more; determines the number of casinos in individual counties based on the resident population of such counties; provides that gaming shall not be authorized in any county or municipality unless approved by the respective county or municipal governing body; provides for licensing, regulation and taxation of gaming; and provides definitions and an effective date.

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RESTRICTIONS ON RETIREMENT BENEFITS FOR CERTAIN ELECTIVE OFFICERS INITIATIVE

Be it enacted by the people of Florida that:

The people of Florida believe that politicians who serve in elective office on a part-time basis should not be entitled to retirement benefits paid for in whole or in part by public funds. A pension or retirement system supported in whole or in part by public funds should be for the exclusive benefit of public employees who commit their full-time employment activities to serving the citizens of the state.

1) Article X, Section 14 of the Constitution of the state of Florida is hereby amended by:

A) inserting "(a)" before the first word thereof and,

B) adding a new subsection "(b)" at the end thereof to read:

(b) No retirement or pension benefits supported in whole or in part by public funds shall be paid to persons holding the following elective offices and who serve in such office on a part-time basis:

(1) Florida Representative

(2) Florida Senator

(3) County School Board Member

(4) County Commissioner

(5) Municipal Councilperson

2) This amendment shall take effect on the date it is approved by the electorate, but shall only apply to persons holding office subsequent to the effective date of this amendment.

Ballot Summary:

The provisions which prohibit current and future part-time elected officials from earning State Retirement Benefits from service on and after December 1, 1994.

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DEPUTY SHERIFFS COLLECTIVE BARGAINING INITIATIVE

An amendment providing that Deputy Sheriffs shall have the right to bargain collectively.

Article 1, Section 6 is amended to read:

The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees and deputy sheriffs, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees and deputy sheriffs, shall not have the right to strike.

Ballot Summary:

Shall Article 1, Section 6 of the Constitution of the State of Florida, as revised in 1968 and subsequently amended, be amended to provide that Deputy Sheriffs shall have the right, by and through a labor organization, to bargain collectively and shall not have the right to strike?

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VOTER CONTROL OF CITY TAXES INITIATIVE

The following new subsection (c) is added to Section 9 of Article VII of the Florida Constitution:

Section 9. Local Taxes.

(c) The governing body of a municipality may, by ordinance, submit to the electors of the municipality a proposed amendment to its charter, which amendment may authorize the municipality to levy or abolish taxes and provide for exemptions therefrom, notwithstanding any limitations on taxation otherwise provided in this article or Article XII. The municipality shall submit the proposed charter amendment contained in the ordinance to a vote of the municipality’s electors and said charter amendment shall become effective upon the favorable vote of a majority of said electors. Any tax authorized or abolished pursuant to this subsection may be repealed in the same manner as the tax was initially authorized or abolished. Nothing in this subsection shall authorize a municipality to place a tax upon the income of natural persons who are residents or citizens of the state. Nothing in this subsection shall be construed to repeal any municipal taxing authority in effect on the effective date of this subsection.

Ballot Summary:

This amendment permits the governing body of a municipality to abolish or levy any tax if it is approved by a majority of the voters in the municipality. It specifically prohibits any municipality from levying a personal income tax.

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RIGHT OF PRIVACY PROTECTED IN EMPLOYMENT, HOUSING, PUBLIC SERVICES, AND CREDIT INITIATIVE

The people of Florida hereby declare that:

1. Article 1, Section 23 of the Constitution of the State of Florida ("Right of Privacy") is hereby amended as follows:

(a) by inserting "(a)" before the first word of the text thereof, and

(b) by adding at the end thereof a new subsection which shall read:

(b) No person shall be denied access or opportunity in employment, housing, public services or accommodations, or the extension of credit, on account of matters pertaining to his or her personal or private life. This provision does not prevent the establishment of bona fide qualifications or requirements. The legislature may provide by general law for protection of other fundamental rights.

2. This amendment shall take effect on the date it is approved by the electorate.

Ballot Summary:

Provides that no person will be denied employment, housing, public services, or credit because of his or her private life. Preserves the right to establish bona fide qualifications. Authorizes laws to protect other fundamental rights.

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CASINO AUTHORIZATION, TAXATION AND REGULATION INITIATIVE

Section 1.

Section 16 of Article X is created to read:

Section 16. Casino Authorization, Taxation and Regulation.

(a) Casino gaming is prohibited in this state except in those counties or established local option Tourist Development Council Districts of the counties where the electors have authorized the conduct and operation of casino gaming pursuant to an initiative referendum to the extent authorized and then only in state regulated and taxed, privately owned gaming facilities:

(1) within pari-mutuel facilities authorized by law as of the effective date of this amendment, which have conducted live pari-mutuel wagering events in each of the two immediately preceding twelve month periods, for so long as the facilities continue to operate live pari-mutuel wagering events as authorized by the legislature; and

(2) on board stationary and non-stationary riverboats and U. S. Registered commercial vessels; and

(3) at transient lodging establishments licensed by the state.

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

(c) By general law, the legislature shall implement this section, including legislation to license casinos, tax casinos and regulate casinos.

(d) Net proceeds derived from the license fees and taxation of casino gaming shall be appropriated to a state trust fund designated the State Crime Prevention, Education, Senior Citizens’ and State Tourism Trust Fund to be appropriated by the legislature for crime prevention and correctional facility construction, education, senior citizens’ services and state tourism promotion. Such appropriation shall increase and not reduce current funding appropriated to the aforementioned.

Section 2.

If any subsections of this amendment to the Florida Constitution are held unconstitutional for containing more than one subject, this amendment shall be limited to Section 16, subsections (a), (b) and (c).

Section 3.

This amendment shall take effect on the date approved by the electorate; provided however, that no casino gaming shall be authorized to operate in the state until July 1, 1995.

Ballot Summary:

This amendment prohibits casinos unless approved by the voters of any county or Tourist Development Council district who may authorize casinos on riverboats, commercial vessels, within existing pari-mutuel facilities and at hotels. It mandates legislative implementation and requires net license and tax proceeds to be appropriated for crime prevention and correctional facility construction, education, senior citizens’ services and state tourism promotion. The amendment becomes effective upon adoption, but prohibits casino gaming before July 1, 1995.

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AUTHORIZATION FOR AND REGULATION OF STATEWIDE SYSTEM OF LIMITED-ACCESS RIVERBOAT GAMBLING CASINOS

Section 1. Section 16 of Article X is hereby created to read: Limited-Access Riverboat Gambling Casinos.

Section 2. Subsection 16(a) is created to read:

(a) There is hereby established a statewide system of limited-access privately-owned riverboat gambling casinos to operate on navigable waters of the state. The maximum number of limited-access riverboat gambling casinos statewide is twenty-one (21) and no more than four (4) shall be based in any one county.

(1) Limited-access riverboat casinos shall have an appropriate local theme, be newly constructed, and be designed and operated in compliance with laws protecting the state’s environment, including manatees and other marine life and the quality of its navigable waters.

(2) In order to promote wholesome tourism and avoid the possible deleterious side effects of conventional casino gambling activities, riverboat gambling casinos shall be limited-access which is defined to require the following: (i) patrons shall pay an admission charge to board each riverboat gambling casino; (ii) patrons who board a riverboat gambling casino must remain for a minimum time certain set by law; and (iii) patrons must depart the riverboat gambling casino after a maximum time certain set by law.

(3) Gambling and the use of gambling devices, which include those defined under Florida law on the effective date of this amendment, as well as card games, dice games, roulette, slot machines and video gaming devices, are authorized and shall take place exclusively on limited-access riverboat gambling casinos authorized under this amendment. Provided, nothing herein shall be construed to prohibit others from engaging in those gambling devices or activities permitted under Florida law prior to the effective date of this amendment.

Section 3. Subsection 16(b) is created to read:

(b) Any county, or municipality, through a vote of its governing body prior to July 1, 1995, may forbid the establishment of docking or shore facilities for limited-access riverboat gambling casinos within the unincorporated area of the county, or within the municipality’s geographic boundaries, respectively.

Section 4. Subsection 16(c) is created to read:

(c) Schedule. Gambling tax revenues derived from the operation of limited-access riverboat gambling casinos shall be collected by the state for law enforcement, prisons, economic development, and for distribution to local governments, to be appropriated by the Legislature. This schedule may be amended by general law.

Section 5. Subsection 16(d) is created to read:

(d) The Legislature shall implement this Amendment by general law, including legislation to regulate and tax the operations of limited-access riverboat gambling casinos.

Section 6. This Amendment shall take effect upon approval by the electorate.

Section 7. If any portion of this measure is held invalid for any reason, the remaining portion of this measure, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and effect.

Ballot Summary:

Authorizes regulated gambling casinos exclusively on statewide system of twenty-one limited-access privately-owned riverboats on state’s navigable waters. Maximum four based in one county. County and municipal governments may vote before July 1, 1995 to prohibit docking or shore facilities within unincorporated areas of county or within municipality, respectively. Unless changed by law, gambling tax revenues go to law enforcement, prisons, economic development, and local governments. Effective upon voter approval.

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A CONSTITUTIONAL AMENDMENT RESTRICTING LEGISLATION CONCERNING SEXUAL ORIENTATION, STATUS OR PREFERENCE INITIATIVE

Article I of the Florida Constitution is hereby amended by adding Section 25.

Section 25. Limitations on Sexual Orientation, Status or Preference.

(a) Sexual orientation, status or preference is hereby defined as the status, condition, practice or preference of being heterosexual, homosexual or bisexual.

(b) No unit of Florida government may make or pass any law, ordinance or other form of legislation concerning sexual orientation, status or preference protecting heterosexual, homosexual or bisexual status, condition, practice or preference. Any such laws previously adopted are hereby declared null and void.

(c) This section shall not apply to laws passed by the state legislature applying to commercial organizations which meet one of the following tests: (i) more than 250 employees, (ii) more than $10 million in gross assets or (iii) more than 100 dwelling-occupancy units.

Ballot Summary:

This amendment prohibits Florida government from adopting sexual orientation, status or preference legislation, except by the state legislature under very limited conditions. The practical effect of the amendment would be to limit so-called "gay rights" or other sexual preference laws at the state and local level.

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MULTIPLE PETITIONS INITIATIVE

Add these words to Article XI, Section 3, immediately after voters approve:

Petitions sharing a common format may circulate in NCR (no carbon required) sets.

Ballot Summary:

The use of NCR petition sets with one format lets voters complete several petitions at once. This saves lots of verification time for local Supervisors of Elections. Of course, each must be separately signed. Only those approved by voters will become part of the Florida Constitution. As of October 1993, Term Limits (Eight is Enough) was the only citizen backed petition to ever become part of the Constitution. It is being challenged in Court.

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JUST ONE TAX INITIATIVE

Article VII, Section 1(e) Just One Tax Constitutional Amendment:

Only one tax shall be levied by the State of Florida, its Counties, Municipalities and their taxing authorities and it shall be a tax on all commerce conducted, instituted or completed in the State of Florida up to, but not exceeding, one percent of the monetary value of all commerce without exceptions, exemptions or exclusions.

(1) Commerce shall be defined as the sale or exchange of services, goods or property of any kind, real, personal or intangible, for money or other goods, property or services. Said goods, property or services shall be valued at their market value at the time the commercial transaction takes place.

(2) The legislature is hereby empowered to enact legislation designed to set the annual tax rate not to exceed one percent of all commerce, to collect the tax, provide for reserves and the equitable distribution of the revenues from said tax among the State of Florida, is Counties, Municipalities and their taxing authorities.

(3) This Constitutional Amendment shall be effective on the first day of March following the adoption by a majority of the votes cast at the election in which it is presented to the electorate, but in no case shall be less than twelve months after its adoption.

(4) All bonds presently issued by the State of Florida, its Counties, Municipalities, their taxing authorities or other public bonding authorities which are secured by specific taxes shall be secured to the same extent by the revenue derived from this tax. In the alternative, if this section be declared unconstitutional, that portion of those taxes which fund specific bonds shall continue to exist until said bonds can be redeemed or fully funded before redemption.

(5) If any provision of this amendment, or the application thereof, to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this amendment and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

Ballot Summary:

An amendment proposing the replacement of all existing taxes levied by the State of Florida, its Counties, Municipalities and their taxing authorities with a single tax on all commerce not to exceed one percent of the monetary value of each transaction, and delegating the collection and distribution of the tax to the legislature, providing security for existing government bonds and severability of provisions.