Related Materials:

Supreme Court Opinion (639 So.2d 972)

{Approval of Funding For Criminal Justice Initiative; Failed to Make Ballot Position}

Supreme Court Opinion (656 So.2d 466)

{Removing Authorization for and Regulation of Statewide System of Limited-Access Riverboat Gambling Casinos Initiative from Ballot}

Supreme Court Opinion (656 So.2d 1259)

{Approval of Florida Locally Approved Gaming Initiative; Failed to Make Ballot Position}

Supreme Court Opinion (661 So.2d 1204)

{Approval of Stop Turning Out Prisoners Initiative; Failed to Make Ballot Position}

Supreme Court Opinion (673 So.2d 864)

{Retaining Tax Limitation Initiative on Ballot}

Supreme Court Opinion (681 So.2d 1124)

{Retaining Fee on Everglades Sugar Production, Everglades Trust Fund and Responsibility for Paying Costs of Water Pollution Abatement in the Everglades Initiatives on Ballot}

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SENATE JOINT RESOLUTION NO. 210

A joint resolution proposing an amendment to Section 2 of Article XI of the State Constitution relating to the Constitution Revision Commission.

That the amendment to Section 2 of Article XI of the State Constitution set forth below is agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1996:

Section 2. Revision Commission.

(a) Within thirty days after the adjournment of the 1977 regular session of the legislature, and each twentieth year thereafter, there shall be established a constitution revision commission composed of the following thirty-seven members:

(1) the attorney general of the state;

(2) fifteen members selected by the governor;

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

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

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

(c) Each constitution revision commission shall convene at the call of its chairman, adopt its rules of procedure, examine the constitution of the state, hold public hearings, and, not later than one hundred eighty days prior to the next general election, file with the secretary of state its proposal, if any, of a revision of this constitution or any part of it.

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:

CONSTITUTION REVISION COMMISSION; CONVENING; DUTIES WITH RESPECT TO TAXATION AND STATE BUDGETARY MATTERS

Proposing an amendment to Section 2 of Article XI of the State Constitution to change from 1998 to 1997 the convening of the next Constitution Revision Commission, in conformity with the schedule previously established by the Florida Supreme Court. Removing the restriction upon the commission’s authority to examine matters relating to taxation or the state budgetary process that are otherwise to be reviewed by the Taxation and Budgetary Reform Commission every ten years.

Filed in Office Secretary of State May 16, 1996.

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SENATE JOINT RESOLUTION NO. 978

A joint resolution proposing amendments to Sections 11, and 12 of Article V of the State Constitution relating to the Judiciary.

That the following amendments to Sections 11, and 12 of Article V of the State Constitution are agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specially authorized by law for that purpose:

ARTICLE V

JUDICIARY

Section 11. Vacancies.

(a) The governor shall fill each vacancy on the supreme court or on a district court of appeal by appointing for a term ending on the first Tuesday after the first Monday in January of the year following the next general election occurring at least one year after the date of appointment, one of not fewer than three persons nor more than six persons nominated by the appropriate judicial nominating commission.

(b) The governor shall fill each vacancy on a circuit court or on a county court by appointing for a term ending on the first Tuesday after the first Monday in January of the year following the next primary and general election occurring at least one year after the date of appointment, one of not fewer than three persons nor more than six persons nominated by the appropriate judicial nominating commission. An election shall be held to fill that judicial office for the term of the office beginning at the end of the appointed term.

(c) The nominations shall be made within thirty days from the occurrence of a vacancy unless the period is extended by the governor for a time not to exceed thirty days. The governor shall make the appointment within sixty days after the nominations have been certified to him.

(d) There shall be a separate judicial nominating commission as provided by general law for the supreme court, each district court of appeal, and each judicial circuit for all trial courts within the circuit. Uniform rules of procedure shall be established by the judicial nominating commissions at each level of the court system. Such rules, or any part thereof, may be repealed by general law enacted by a majority vote of the membership of each house of the legislature, or by the supreme court, five justices concurring. Except for deliberations of the judicial nominating commissions, the proceedings of the commissions and their records shall be open to the public.

Section 12. Discipline, Removal and Retirement.

(a) Judicial Qualifications Commission. A judicial qualifications commission is created.

(1) There shall be a judicial qualifications commission vested with jurisdiction to investigate and recommend to the Supreme Court of Florida the removal from office of any justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966, (without regard to the effective date of this section) demonstrates a present unfitness to hold office, and to investigate and recommend the discipline of a justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966 (without regard to the effective date of this section), warrants such discipline. For purposes of this section, discipline is defined as any or all of the following: reprimand, fine, suspension with or without pay, or lawyer discipline. The commission shall have jurisdiction over justices and judges regarding allegations that misconduct occurred before or during service as a justice or judge if a complaint is made no later than one year following service as a justice or judge. The commission shall have jurisdiction regarding allegations of incapacity during service as a justice or judge. The commission shall be composed of:

a. Two judges of district courts of appeal selected by the judges of those courts, two circuit judges selected by the judges of the circuit courts and two judges of county courts selected by the judges of those courts;

b. Four electors who reside in the state, who are members of the bar of Florida, and who shall be chosen by the governing body of the bar of Florida; and

c. Five electors who reside in the state, who have never held judicial office or been members of the bar of Florida, and who shall be appointed by the governor.

(2) The members of the judicial qualifications commission shall serve staggered terms, not to exceed six years, as prescribed by general law. No member of the commission except a judge shall be eligible for state judicial office while acting as a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office or hold public office; provided that a judge may campaign for judicial office and hold that office. The commission shall elect one of its members as its chairperson.

(3) Members of the judicial qualifications commission not subject to impeachment shall be subject to removal from the commission pursuant to the provisions of Article IV, Section 7, Florida Constitution.

(4) The commission shall adopt rules regulating its proceedings, the filling of vacancies by the appointing authorities, the disqualification of members, the rotation of members between the panels, and the temporary replacement of disqualified or incapacitated members. The commission’s rules, or any part thereof, may be repealed by general law enacted by a majority vote of the membership of each house of the legislature, or by the supreme court, five justices concurring. The commission shall have power to issue subpoenas. Until formal charges against a justice or judge are filed by the investigative panel with the clerk of the supreme court of Florida all proceedings by or before the commission shall be confidential; provided, however, upon a finding of probable cause and the filing by the investigative panel with said clerk of such formal charges against a justice or judge such charges and all further proceedings before the commission shall be public.

(5) The commission shall have access to all information from all executive, legislative and judicial agencies, including grand juries, subject to the rules of the commission. At any time, on request of the 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, respectively.

(b) Panels. The commission shall be divided into an investigative panel and a hearing panel as established by rule of the commission. The investigative panel is vested with the jurisdiction to receive or initiate complaints, conduct investigations, dismiss complaints, and upon a vote of a simple majority of the panel submit formal charges to the hearing panel. The hearing panel is vested with the authority to receive and hear formal charges from the investigative panel and upon a two-thirds vote of the panel recommend to the supreme court the removal of a justice or judge or the involuntary retirement of a justice or judge for any permanent disability that seriously interferes with the performance of judicial duties. Upon a simple majority vote of the membership of the hearing panel, the panel may recommend to the supreme court that the justice or judge be subject to appropriate discipline.

(c) Supreme Court. The supreme court shall receive recommendations from the judicial qualifications commission’s hearing panel.

(1) The supreme court may accept, reject, or modify in whole or in part the findings, conclusions, and recommendations of the commission and it may order that the justice or judge be subjected to appropriate discipline, or be removed from office with termination of compensation for willful or persistent failure to perform judicial duties or for other conduct unbecoming a member of the judiciary demonstrating a present unfitness to hold office, or be involuntarily retired for any permanent disability that seriously interferes with the performance of judicial duties. Malafides, scienter or moral turpitude on the part of a justice or judge shall not be required for removal from office of a justice or judge whose conduct demonstrates a present unfitness to hold office. After the filing of a formal proceeding and upon request of the investigative panel, the supreme court may suspend the justice or judge from office, with or without compensation, pending final determination of the inquiry.

(2) The supreme court may award costs to the prevailing party.

(d) The power of removal conferred by this section shall be alternative and cumulative to the power of impeachment.

(e) Notwithstanding any of the foregoing provisions of this section, if the person who is the subject of proceedings by the judicial qualifications commission is a justice of the supreme court of Florida all justices of such court automatically shall be disqualified to sit as justices of such court with respect to all proceedings therein concerning such person and the supreme court for such purposes shall be composed of a panel consisting of the seven chief judges of the judicial circuits of the state of Florida most senior in tenure of judicial office as circuit judge. For purposes of determining seniority of such circuit judges in the event there be judges of equal tenure in judicial office as circuit judge the judge or judges from the lower numbered circuit or circuits shall be deemed senior. In the event any such chief circuit judge is under investigation by the judicial qualifications commission or is otherwise disqualified or unable to serve on the panel, the next most senior chief circuit judge or judges shall serve in place of such disqualified or disabled chief circuit judge.

(f) Schedule to Section 12.

(1) Except to the extent inconsistent with the provisions of this section, all provisions of law and rules of court in force on the effective date of this article shall continue in effect until superseded in the manner authorized by the constitution.

(2) After this section becomes effective and until adopted by rule of the commission consistent with it:

a. The commission shall be divided, as determined by the chairperson, into one investigative panel and one hearing panel to meet the responsibilities set forth in this section.

b. The investigative panel shall be composed of:

1. Four judges,

2. Two members of the bar of Florida, and

3. Three non-lawyers.

c. The hearing panel shall be composed of:

1. Two judges,

2. Two members of the bar of Florida, and

3. Two non-lawyers.

d. Membership on the panels may rotate in a manner determined by the rules of the commission provided that no member shall vote as a member of the investigative and hearing panel on the same proceeding.

e. The commission shall hire separate staff for each panel.

f. The members of the commission shall serve for staggered terms of six years.

g. The terms of office of the present members of the judicial qualifications commission shall expire upon the effective date of the amendments to this section approved by the legislature during the regular session of the legislature in 1996 and new members shall be appointed to serve the following staggered terms:

1. Group I. The terms of five members, composed of two electors as set forth in Section 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in Section 12(a)(1)b. of Article V, one judge from the district courts of appeal and one circuit judge as set forth in Section 12(a)(1)a. of Article V shall expire on December 31, 1998.

2. Group II. The terms of five members, composed of one elector as set forth in Section 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in Section 12(a)(1)b. of Article V, one circuit judge and one county judge as set forth in Section 12(a)(1)a. of Article V shall expire on December 31, 2000.

3. Group III. The terms of five members, composed of two electors as set forth in Section 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in Section 12(a)(1)b., one judge from the district courts of appeal and one county judge as set forth in Section 12(a)(1)a. of Article V, shall expire on December 31, 2002.

h. An appointment to fill a vacancy of the commission shall be for the remainder of the term.

i. Selection of members by district courts of appeal judges, circuit judges, and county court judges, shall be by no less than a majority of the members voting at the respective courts’ conferences. Selection of members by the board of governors of the bar of Florida shall be by no less than a majority of the board.

j. The commission shall be entitled to recover the costs of investigation and prosecution, in addition to any penalty levied by the supreme court.

k. The compensation of members and referees shall be the travel expenses or transportation and per diem allowance as provided by general law.

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

CONSTITUTIONAL AMENDMENT

ARTICLE V, SECTIONS 11 AND 12

Judiciary. Proposing amendments to the State Constitution to allow judicial nominating commissions to recommend from three up to six persons to fill a court vacancy; and to restructure the Judicial Qualifications Commission and permit additional sanctions for judicial misconduct.

Filed in Office Secretary of State May 17, 1996.

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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:

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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EVERGLADES TRUST FUND INITIATIVE

(a) Article X is amended by adding a new Section 17 at the end thereof, to read:

Section 17. Everglades Trust Fund.

(a) There is hereby established the Everglades Trust Fund, which shall not be subject to termination pursuant to Article III, Section 19(f). The purpose of the Everglades Trust Fund is to make funds available to assist in conservation and protection of natural resources and abatement of water pollution in the Everglades Protection Area and the Everglades Agricultural Area. The trust fund shall be administered by the South Florida Water Management District, or its successor agency, consistent with statutory law.

(b) The Everglades Trust Fund may receive funds from any source, including gifts from individuals, corporations or other entities; funds from general revenue as determined by the Legislature; and any other funds so designated by the Legislature, by the United States Congress or by any other governmental entity.

(c) Funds deposited to the Everglades Trust Fund shall be expended for purposes of conservation and protection of natural resources and abatement of water pollution in the Everglades Protection Area and Everglades Agricultural Area.

(d) For purposes of this subsection, the terms "Everglades Protection Area," "Everglades Agricultural Area" and "South Florida Water Management District" shall have the meanings as defined in statutes in effect on January 1, 1996.

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

Ballot Summary:

Establishes an Everglades Trust Fund to be administered by the South Florida Water Management District for purposes of conservation and protection of natural resources and abatement of water pollution in the Everglades. The Everglades Trust Fund may be funded through any source, including gifts and state or federal funds.

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RESPONSIBILITY FOR PAYING COSTS OF WATER POLLUTION ABATEMENT IN THE EVERGLADES INITIATIVE

(a) The Constitution currently provides, in Article II, Section 7, the authority for the abatement of water pollution. It is the intent of this amendment that those who cause water pollution within the Everglades Agricultural Area or the Everglades Protection Area shall be primarily responsible for paying the costs of abatement of that pollution.

(b) Article II, Section 7 is amended by inserting (a) immediately before the current text, and adding a new subsection (b) at the end thereof, to read:

(b) Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution. For the purposes of this subsection, the terms "Everglades Protection Area" and "Everglades Agricultural Area" shall have the meanings as defined in statutes in effect on January 1, 1996.

Ballot Summary:

The Constitution currently provides the authority for the abatement of water pollution. This proposal adds a provision to provide that those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution.

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FEE ON EVERGLADES SUGAR PRODUCTION INITIATIVE

(a) Article VII, Section 9 is amended by a new subsection (c) at the end thereof, to read:

(c) The South Florida Water Management District, or its successor agency, shall levy a fee, to be called the Everglades Sugar Fee, of one cent per pound of raw sugar, assessed against each first processor, from sugarcane grown in the Everglades Agricultural Area. The Everglades Sugar Fee is imposed to raise funds to be used, consistent with statutory law, for purposes of conservation and protection of natural resources and abatement of water pollution in the Everglades Protection Area and the Everglades Agricultural Area, pursuant to the policy of the state in Article II, Section 7.

(2) The Everglades Sugar Fee shall expire twenty-five years from the effective date of this subsection.

(3) For purposes of this subsection, the terms "South Florida Water Management District," "Everglades Agricultural Area," and "Everglades Protection Area" shall have the meanings as defined in statutes in effect on January 1, 1996.

(b) This subsection shall take effect on the day after the approval by the electors. If any portion or application of this measure is held invalid for any reason, the remaining portion or application, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

Ballot Summary:

Provides that the South Florida Water Management District shall levy an Everglades Sugar Fee of one cent per pound on raw sugar as grown in the Everglades Agricultural Area to raise funds to be used, consistent with statutory law, for purposes of conservation and protection of natural resources and abatement of water pollution in the Everglades. The fee is imposed for twenty-five years.

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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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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.

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RESTRICTING DISCRIMINATION BY THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION INITIATIVE

Article I of the Florida Constitution is hereby amended by adding a new section:

Section __. Prohibited Acts of Discrimination by the State. Neither the State of Florida, nor any of its political subdivisions or agents, shall use race, sex, color, ethnicity or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group in the operation of the State’s system of public employment, public education or public contracting.

Ballot Summary:

This amendment would prohibit any "affirmative action" programs by either the State of Florida or any political subdivision of the state in the areas of public employment, public education and public contracting, and bar the state and its subdivisions from any action which discriminates either in favor of or against any person on the basis of race, sex, color, ethnicity or national origin in those areas.

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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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DECLARATION OF INDEPENDENCE INITIATIVE

Article I, Section 26

(a) Law in Florida shall be interpreted by all Officers and Courts in this State within the spirit of those principles unanimously declared by Congress on July 4, 1776 in its Declaration of Independence.

(b) This amendment shall take effect on January 1, following approval by the electorate.

Ballot Summary:

Establishing the Declaration of Independence as the guiding spirit of law in Florida will require our judges and legislators to recognize AS LAW the self evident truths and principles upon which the United States of America was founded. This amendment will advance Florida to established goals by requiring it to operate on a proven path of principles that are the Spirit of the Declaration of Independence of July 4, 1776.

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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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ELIMINATE THE FLORIDA PAROLE COMMISSION INITIATIVE

The following will become law upon this measure passing:

(C) There may be created by law a probation commission with power to supervise persons on probation. The qualifications, method of selection and terms not to exceed six years, of the member of the commission shall be prescribed by law.

(1) All inmates who were sentenced before the 1983 guidelines, except those convicted of capital crimes who were sentenced to a mandatory twenty-five years, will have their presumptive parole date established as an expiration of sentence date. This shall be calculated under the 1983 Sentencing Reform Act, not to exceed forty years from the date of originally sentenced by trial court. No sentence will be increased above that currently being served.

(A) All applicable statutory gain time will be recalculated to be reflected in the new expiration date.

(B) All incentive and work gain time earned during the inmate’s incarceration will be used to mitigate that new expiration date accordingly.

(2) Inmates who have been convicted of capital crimes who are serving a mandatory twenty-five year sentence, will be released upon completion of twenty-five calendar years without benefit of any gain time provision, to be followed by ten years probation.

(3) This provision affects only those inmates who were sentenced prior to the 1983 Sentencing Reform Act taking effect, including those currently on parole, and those parole eligible 25 year mandatory sentences given after 1983.

(4) This measure strikes all laws governing parole release from Florida Statutes.

(5) All duties and functions of the Florida Parole Commission will be terminated, the employment of the Commissioners and support staff will be terminated, and those funds used to support that agency will be returned to the State of Florida’s general revenue fund.

(6) Any duties now performed by the Florida Parole Commission not specifically outlined in the measure, will be absorbed into the Florida Department of Corrections by current employees of that Department.

(7) Within sixty (60) days after the inmate’s presumptive parole date has been recalculated to reflect a 1983 guideline sentence, the sentencing court will be notified and be able to make an adjustment of twenty-five percent up or down (not to exceed a total sentence of forty years) at which time the sentence becomes final and subject to all applicable gain time.

(8) This law will take effect ninety days after being passed by the voters of the State of Florida.

Ballot Summary:

The purpose of this effort is to eliminate the Florida Parole Commission in its entirety, bring uniformity to the sentences of all inmates incarcerated in the Department of Corrections, and turn that agency’s funds back to the state’s general revenue fund. All references to parole shall be deleted from this section.

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EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC BENEFITS AND SOCIAL SERVICES INITIATIVE

Article II of the Florida Constitution is amended by adding the following section:

Section 10. Exclusion of Illegal Aliens from Public Benefits and Social Services.

(a) For purposes of this section:

(1) "illegal alien" means an individual who is neither a citizen of the United States, nor an alien lawfully admitted as a permanent resident of the United States, nor a person otherwise authorized under federal law to be present in the United States.

(2) "state government" means the executive, legislative, and judicial branches of the government of Florida, including any department, agency, board, commission or other entity thereof, and including any officer, official or employee acting in the furtherance of public business.

(3) "local government" means the executive, legislative and judicial branches of any county, municipality, or any other district whatsoever, including any department, agency, board, commission or other entity thereof, and including any officer, official or employee acting in the furtherance of public business.

(4) "publicly-funded institution" means any entity which is supported by public monies provided by the state government of Florida or by any local government, and which is operated by or subject to the direct control of state or local government, including, but not limited to, clinics, hospitals, other health-care facilities, public housing facilities, and other entities.

(5) "public benefits and social services" means any expenditures made, or any services provided, by any state government, local government or publicly-funded institution; said expenditures shall include any monetary payment, subsidy, forbearance of debt or obligation, or any other transfer of value whatsoever, and said social services shall include housing assistance or subsidization, counseling, supplemental income programs, child care, other related economic assistance programs, welfare programs, and the provision of any other goods or beneficence.

(b) A person may not receive any public benefit or social service, for which that person otherwise qualifies, from state government, local government, or a publicly-funded institution, until the resident status of that person has been determined by said governmental entity, and the person has been found to be either:

(1) a citizen of the United States;

(2) an alien lawfully admitted as a permanent resident of the United States, or

(3) a person otherwise authorized under federal law to be present in the United States.

(c) The state government, local governmental entities and publicly-funded institutions shall engage in reasonable investigation to ascertain the resident status of every person seeking any public benefit or social service, including contact with appropriate federal immigration authorities. At all times the burden of establishing the resident status set forth in subsection (b) shall rest upon the applicant. If the governmental entity determines that an applicant for a benefit or service does not meet the residency requirements set forth in subsection (b), then said applicant shall be deemed an illegal alien, and the entity shall not provide any benefit or service, and the entity shall notify the applicant in writing of the reason for denial within seven (7) days of said determination.

(d) Notwithstanding any provision to the contrary in subsections (b) or (c), an illegal alien may receive the following benefits and services; police assistance; fire protection and emergency rescue services; treatment in life-threatening medical emergencies, as determined by emergency personnel or a treating physician; benefits or services that cannot lawfully be withheld under federal law.

(e) This section shall not be deemed to apply to the provision of public education to illegal aliens, and accordingly, does not apply to any school board, public school, or public college/university.

(f) Upon application of any United States citizen, any governmental authority, or any other person with standing, to a court of competent jurisdiction, which shall include a state circuit court, and upon a finding that this section has been violated, the court shall enjoin from further violation of this section the offending governmental entity or officialThe court shall also be empowered to grant declaratory relief where necessary to protect or advance the intentions of this section.

(g) If any portion of this section is held invalid for any reason, then the remainder of this section shall be deemed severed from the invalid portion, and the remainder shall be given the fullest possible force and application.

(h) This section shall be self-executingThis section shall take effect on January lst of the first year following its approval by the electorate.

Ballot Summary:

No person may receive any public benefit or social service until the person's residency status has been determined as United States citizenship, legal permanent residency or an otherwise lawful presence. Governmental entities shall investigate all applicants to ascertain their status, and shall deny those determined to be illegal aliens. Police assistance, fire protection, emergency rescue, treatment in life-threatening medical emergencies, federally mandated benefits and public education are excepted.

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EXCLUSION OF ILLEGAL ALIENS FROM PUBLIC EDUCATIONAL INSTITUTIONS INITIATIVE

Article II of the Florida Constitution is amended by adding the following section:

Section 11. Exclusion of Illegal Aliens from Public Educational Institutions.

(a) For purposes of this section:

(1) "illegal alien" means an individual who is neither a citizen of the United States, nor an alien lawfully admitted as a permanent resident of the United States, nor a person otherwise authorized under federal law to be present in the United States.

(2) "public educational institution" means every public elementary school, public secondary school, public trade or vocational school, public college, public university, public graduate school, and every other educational facility within this state which is supported by public monies provided by the state government of Florida or by any local government, and which is operated by or subject to the control of state or local government.

(3) "public educational administrative entity" means the county school board, or other board of education, responsible for the administration of each public elementary school, public secondary school, and public trade or vocational school; it shall also mean the board or agency responsible for the administration of every public college, public university, public graduate school, and all other public educational facilities within the state.

(b) No public educational institution shall permit the admission, enrollment, or attendance of any person, unless that person has been found to be either:

(1) a citizen of the United States;

(2) an alien lawfully admitted as a permanent resident of the United States; or

(3) a person otherwise authorized under federal law to be present in the United States.

(c) Each public educational administrative entity shall engage in reasonable investigation to ascertain the resident status of every person seeking admission, enrollment or attendance at a public educational institution including contact with appropriate federal immigration authorities. At all times the burden of establishing the resident status set forth in subsection (b) shall rest upon the applicant or student. If the administrative entity determines that an applicant or student does not meet the residency requirement, then said applicant shall be deemed an illegal alien, and the entity shall not permit admission, enrollment or attendance, and shall notify the applicant or student in writing of the reason for denial within seven (7) days of said determination.

(d) Commencing no later than sixty (60) days from the effective date of this section, each public educational administrative entity shall determine the resident status of each person enrolling or seeking admission to a public educational institution for the first time, in order to ensure the enrollment or admission only of persons meeting the residency requirements of subsection (b).

(e) Commencing no later than one hundred eighty (180) days from the effective date of this section, each public educational administrative entity shall determine the resident status of each person already enrolled or in attendance at that public educational institution, in order to ensure the enrollment or attendance only of persons meeting the residency requirements of subsection(b).

(f) Upon application of any United States citizen, any governmental authority, or any other person with standing, to a court of competent jurisdiction, which shall include a state circuit court, and upon a finding that this section has been violated, the court shall enjoin from further violation of this section the offending governmental entity, public educational institution, public educational administrative entity, or public educational official. The court shall also be empowered to grant declaratory relief where necessary to protect or advance the intentions of this section.

(g) If any portion of this section is held invalid for any reason, then the remainder of this section shall be deemed severed from the invalid portion, and the remainder shall be given the fullest possible force and application.

(h) This section shall be self-executing. This section shall take effect on January 1st of the first year following its approval by the electorate.

Ballot Summary:

Admission, enrollment or attendance at public educational institutions of persons other than United States citizens, permanent residents or others lawfully present is forbidden. Every public school board or administration shall: investigate the residency status of every person seeking enrollment or attendance; notify all those believed to be illegal aliens; verify the residency status of all new enrollees within 60 days of this section’s effective date, and verify the residency of current students within 180 days.

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FISH AND WILDLIFE CONSERVATION COMMISSION INITIATIVE

Be it Enacted by the People of Florida that:

Article IV, Section 9, Florida Constitution, is hereby amended as follows:

Section 9. Fish and Wildlife Conservation Commission.

(a) The marine, freshwater and wildlife 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.

(b) (1) There shall be a Fish and Wildlife Conservation Commission composed of seven (7) members appointed by the Governor subject to confirmation by the Senate for staggered terms of five (5) years.

(2) Notwithstanding paragraph (b)(1), the initial members of the Commission shall be the members of the Game and Fresh Water Fish Commission and the Marine Fisheries Commission who are serving on either of those Commissions on the effective date of this amendment, who shall serve the remainder of their respective terms, and appointments to the Commission shall not be made unless and until all current terms of the members of the Game and Fresh Water Fish Commission and the Marine Fisheries Commission have expired so that only seven (7) members of the Commission remain and, in that event, the governor shall appoint members of the Commission as the terms of the remaining seven (7) members expire.

(c) The Commission shall exercise the regulatory and executive powers of the state with respect to wild animal life, freshwater aquatic life, and marine aquatic life, except that all license fees for taking wild animal life, freshwater aquatic life and marine aquatic life, and penalties for violating regulations of the Commission shall be prescribed by specific statute. The Commission shall not be a sub-unit of any other state agency and shall have its own staff which includes management, research, enforcement and public information functions. The Legislature may enact laws in aid of the Commission, not inconsistent with this section. The Commission’s exercise of executive powers in the area of planning, budgeting, personnel management and purchasing shall be as provided by law. Revenue derived from such license fees shall be appropriated to the Commission by the Legislature for the purpose of management, protection and conservation of wild animal life, freshwater aquatic life and marine aquatic life.

(d) 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.

(e) This amendment shall take effect on the July 1 next occurring after approval hereof by vote of the electors of the State of Florida.

Ballot Summary:

Unifies the Marine Fisheries Commission and the Game and Fresh Water Fish Commission to form the Florida Fish and Wildlife Conservation Commission; provides for Commission members and for Governor appointment and Senate confirmation thereof; authorizes the Commission to exercise executive and regulatory powers of the State pertaining to conservation of freshwater and marine aquatic life and wild animal life; allows for legislation in certain areas; provides for appropriations of license fees to Commission.

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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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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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GOVERNMENTAL COOPERATION WITH FEDERAL IMMIGRATION AUTHORITIES INITIATIVE

Article X of the Florida Constitution is amended by adding the following section:

Section 17. Governmental Cooperation with Federal Immigration Authorities.

(a) For purposes of this section:

(1) "illegal alien" means an individual who is neither a citizen of the United States, nor an alien lawfully admitted as a permanent resident of the United States, nor a person otherwise authorized under federal law to be present in the United States.

(2) "state government" means the executive, legislative, and judicial branches of the government of Florida, including any department, agency, board, commission or other entity thereof, and including any officer, official or employee acting in the furtherance of public business.

(3) "local government" means the executive, legislative and judicial branches of any county, municipality, school district or any other district whatsoever, including any department, agency, board, commission or other entity thereof, and including any officer, official or employee acting in the furtherance of public business.

(4) "publicly-funded institution" means any entity which is supported by public monies provided by the state government of Florida or by any local government, and which is operated by or subject to the control of state or local government, including, but not limited to, clinics, hospitals, other health care facilities, public housing facilities, public colleges and universities, and other entities.

(5) "federal immigration authorities" means those agencies of the United States government charged with the implementation and enforcement of federal immigration law and policy, including the immigration and Naturalization Service, U. S. Border Patrol, United States Coast Guard and other agencies.

(b) Neither state government, local government, or any publicly-funded institution shall promulgate or enforce any law, regulation or policy directive which prohibits or hinders cooperation between said entity and federal immigration authorities concerning the identification and apprehension of illegal aliens.

(c) When the state government, any local government or any publicly-funded institution, in the course of transacting business comes upon any probative information whatsoever that an individual is an illegal alien, said entity shall promptly convey such information to an appropriate federal immigration authority.

(d) Whenever an individual is arrested and probative information is ascertained which demonstrates that said individual is an illegal alien, the state or local law enforcement agency effecting such arrest shall promptly convey such information to an appropriate federal immigration authority.

(e) Upon application of any United States citizen, any governmental authority, or any other person with standing, to a court of competent jurisdiction, which shall include a state circuit court, and upon a finding that this section has been violated, the court shall enjoin from further violation of this section the offending governmental entity or official. The court shall also be empowered to grant declaratory relief where necessary to protect or advance the intentions of this section.

(f) This section shall be self-executing. This section shall take effect on January 1st of the first year following its approval by the electorate.

Ballot Summary:

Neither the state government, nor local government, nor any publicly-funded institution shall prohibit or hinder cooperation between the entity and federal immigration authorities. Any governmental entity that comes upon information that any individual is an illegal alien shall promptly convey such information to the appropriate federal immigration authorities. When an arrested individual is believed to be an illegal alien, the arresting agency shall promptly notify appropriate federal immigration authorities.

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GOVERNMENTAL IMPLEMENTATION AND UTILIZATION OF OFFICIAL ENGLISH INITIATIVE

Article II, Section 9 of the Constitution is amended by deleting subsection (b), which had allowed the legislature to enforce this section through legislation. Article II, Section 9 of the Constitution is amended by adding the following subsections after subsection (a) thereof:

(b) For purposes of this section:

(1) "state government" means the executive, legislative, and judicial branches of the government of Florida, including any department, agency, board, commission or other entity thereof, including any officer, official or employee acting in the furtherance of public business.

(2) "local government" means the executive, legislative and judicial branches of any county, municipality, school district or any other district whatsoever, including any department, agency, board, commission or other entity thereof, and including any officer, official or employee acting in the furtherance of public business.

(c) All documents and literature produced, and all official records kept, by the state government or by any local government, shall be exclusively produced and/or kept in the English language.

(d) The state government and all local governments shall conduct all meetings, proceedings and all other business exclusively in English. This subsection shall not preclude the usage of a foreign language in judicial proceedings, where due process so requires, provided that a simultaneous verbatim translation into English is provided.

(e) Neither the state government nor any local government shall declare itself to be bilingual or multilingual, and any such declaration shall be deemed a violation of this section.

(f) No person shall be eligible for employment by the state government or by any local government unless said person shall have first demonstrated the ability to write and to speak in the English language on a comprehensible level. The Department of State shall prescribe a uniform test for this purpose, which shall be administered by and through each county government no less than two (2) occasions per year.

(g) Upon application of any United States citizen, any governmental entity, or any other person with standing, to a court of competent jurisdiction, which shall include a state circuit court, and upon a finding that this section has been violated, the court shall enjoin from further violation of this section the offending governmental entity or official. The court shall also be empowered to grant declaratory relief where necessary to protect or advance the intentions of this section. In addition to any other sanctions for deliberate misconduct in office, any public official or employee who is found to have engaged in a pattern of willful violation of this section may be ordered to forfeit his or her office or position.

(h) If any portion of this section is held invalid for any reason, then the remainder of this section shall be deemed severed from the invalid portion, and the remainder shall be given the fullest possible force and application.

(i) This section shall be self-executing. This section shall take effect on January 1st of the first year following its approval by the electorate.

Ballot Summary:

All documents produced or kept by government, and all government meetings and other business, shall be exclusively in English. No governmental entity shall declare itself bilingual or multilingual. Persons shall speak and write comprehensible English to be eligible for public employment. In addition to other relief, any public official may be ordered to forfeit his/her position if a pattern of violation exists. Former subsection (b), regarding legislative action, is repealed.

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LIMITING ASSESSED VALUES AND TAXES ON HOMESTEAD PROPERTY INITIATIVE

The Florida Constitution, Article VII, Section 4, is hereby amended so that subpart 2 is changed, and a new subpart 8 is added, to read as follows:

2. No homestead property shall be taxed, by any governmental or public entity in Florida, upon more than two-thirds (2/3) of its assessed value. No assessment of such property shall exceed its just value. Improvements constructed in, on or above homestead land shall not be assessed at more than the lesser of: (a) their fair market value, or (b) the cost of replacing such improvements; as of January 1 of the year in which any amount of tax is determined or set for that property.

8. The assessed value of all homestead property, as of January 1 of the first calendar year immediately following approval of this amendment by the electorate, shall be rolled back by all County Property Appraisers to its assessed value as of January 1, 1992; unless its value as of January 1 of said first calendar year is determined to be less than its assessed value as of January 1, 1992. If improvements were constructed and completed on residential land after January 1, 1992, and before January 1 of said first calendar year, the assessed value of such improvements shall be set by the County Property Appraiser as of January 1 of said first calendar year at the County Property Appraiser’s lowest valuation of such improvements that was made after January 1, 1992 and before January 1 of said first calendar year.

Any change in the assessed value of any homestead property, occurring after its January 1, 1992 assessed valuation, shall be limited by the Save Our Homes Amendment that was passed by the voters of Florida in 1992; which limitation is described in (c)1 of Section 4, Article VII of Florida’s Constitution. Any increase in assessed value made pursuant to part (c) 1 of Section 4, Article VII of Florida’s Constitution shall not exceed the lesser of the alternatives for increasing assessed value under that Save Our Homes Amendment; and no increase shall be made under that amendment if there has been no increase, during the prior year, in the property’s just value, or no increase in the Consumer Price Index for the prior year.

On and after the effective date of this amendment, there shall be no increase in any County Property Appraiser’s valuation of any homestead property in any year, if the property is owned and occupied by a Florida resident, 65 years of age or older, as of January 1 of any such year.

This amendment shall not diminish any homestead or other exemption. THIS AMENDMENT'S INTENT IS TO LIMIT AND REDUCE THE TAXATION OF PROPERTY IN FLORIDA. If any portion of this amendment is held invalid for any reason, the remaining portion of this amendment, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

This amendment shall take effect on the day after its approval by a majority of the votes cast on this amendment at the election in which it is presented to the electorate. This amendment shall be effective on said date even if it affects multiple branches of government, pertains to more than one subject, limits the revenue and spending of more than one governmental entity in Florida, affects more than one provision of the constitution, and requires action by multiple branches of government to comply with this amendment. In addition to Art. VII, 4, this amendment will or may substantially affect Article III, Section 19; Article VII, Sections 1, 2, 8, 9 and 18; Article XI, Sections 3 and 5; and Article XII, Sections 8, 9 and 15, of the Florida Constitution. If any portion of this amendment is held invalid for any reason, the remaining portion of this amendment, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

Ballot Summary:

This amendment would prevent any governmental or public entity in Florida from taxing homestead property upon more than 2/3 of its assessed value; limit assessed value, and changes in assessed value, of homestead property; roll back assessed value of homestead property to its January 1, 1992 assessed value if that lowers its assessed value; and prohibit any increase in assessed value of homestead property of Florida residents at least 65 years of age.

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LIMITING MILLAGE TAX RATES INITIATIVE

The Florida Constitution, Article VII, Section 9, is hereby amended to add the following new part (c):

(c) No millage tax rate shall be increased in any calendar year by more than the lower of: i) 3% of the rate in effect in the prior year, or ii) the percentage amount of the Consumer Price Index increase, if any, for the prior calendar year. That is, the lesser of the amounts described in said i) and ii) shall be the maximum amount of any increase in said millage tax rate. Any millage rate which is set in any year, shall be decreased by the percentage reduction, if any, in the Consumer Price Index for the prior calendar year.

The Consumer Price index change referred to in this amendment is the percent change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967 = 100, or successor reports for the preceding calendar year as initially reported by the United States Department of Labor, Bureau of Labor Statistics.

This amendment shall take effect on the day after its approval by a majority of the votes cast on this amendment at the election in which it is presented to the electorate. This amendment shall be effective on said date even if it affects multiple branches of government, pertains to more than one subject, limits the revenue and spending of more than one governmental entity in Florida, affects more than one provision of the constitution, and requires action by multiple branches of government to comply with this amendment. In addition to Article VII, Section 9, this amendment will or may substantially affect Article III, Section 19; Article VII, Sections 1, 2, 4, 8 and 18; Article XI, Sections 3 and 5; and Article XII, Sections 8, 9 and 15, of the Florida Constitution. If any portion of this amendment is held invalid for any reason, the remaining portion of this amendment, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

Ballot Summary:

This amendment limits any increase in millage tax rates in Florida, to the lower of: i) 3% of the prior year’s rate, or ii) the percentage increase in the Consumer Price Index for the prior year. It also requires a decrease in millage rates by the percentage reduction, if any, in the Consumer Price Index for the prior year.

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LIMITING TAXATION BY NON-ELECTED PERSONS INITIATIVE

The Florida Constitution, Article VII, Section 1, is hereby amended to add the following new part (e):

(e) No governmental or public entity, including but not limited to any commission, board, municipality, agency, district (such as a water management or hospital district), or other governing or regulatory body in Florida, except for public utilities whose rates are regulated by statute and commissions, shall increase the rate for any tax, fee, fine, license, millage or assessment, or decrease or eliminate any tax exemption for any resident of the State of Florida on any property within or subject to the laws of the State of Florida and owned by a Florida resident, without the prior approval of at least a majority vote of the electorate voting on the change, in the electoral region affected by such action; unless all members of any such governmental or public entity have been elected to office by at least a majority vote of the electorate in the electoral region to be affected by their action. If there is no readily identifiable electoral region affected by any such proposed change, the approval for any such change must be by statewide election. Also, if there is no readily identifiable electoral region served by the members of any such government or public entity, all of such members must be elected by statewide election, in order to have the authority to increase the rate for any tax, fee, fine, license, millage or assessment, or decrease or eliminate any tax exemption for any resident of the State of Florida on any property within or subject to the laws of the State of Florida and owned by a Florida resident.

The authority of anyone elected by the registered voters to any governmental position or office, to raise any tax, fee, fine, license, millage or assessment, or decrease or eliminate any tax exemption, shall not be delegated or otherwise transferred to any non-elected person, board, commission, agency, district (such as a water management or hospital district), or other governing or regulatory body in Florida, except for public utilities whose rates are regulated by statute and commissions.

This amendment shall take effect on the day after its approval by a majority of the votes cast on this amendment at the election in which it is presented to the electorate. This amendment shall be effective on said date even if it affects multiple branches of government, pertains to more than one subject, limits the revenue and spending of more than one governmental entity in Florida, affects more than one provision of the constitution, and requires action by multiple branches of government to comply with this amendment. In addition to Article VII, Section 1, this amendment will or may substantially affect Article III, Section 19; Article VII, Sections 2, 3, 4, 5, 6, 7, 8, 9 and 18; Article XI, Sections 3 and 5; and Article XII, Sections 8, 9, and 15, of the Florida Constitution. If any portion of this amendment is held invalid for any reason, the remaining portion of this amendment, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

Ballot Summary:

This amendment prohibits any governmental or public entity, whose members are not elected by registered voters of the electoral region affected by their actions, from increasing any tax, fee, fine, license, millage or assessment, or decreasing or eliminating any tax exemption on any property subject to the laws of the State of Florida: unless they first obtain the approval to such action by at least a majority vote of the electorate affected.

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LIMITING TAXPAYER SUPPORTED SOCIAL SERVICES TO ILLEGAL ALIENS INITIATIVE

Section 18 of Article VII is hereby created to read:

Section 18. Expenditure of Funds on United States Citizens and Legal Aliens Only; Exception as to Children’s Medical Services and Emergency Medical Services.

(a) Neither the State of Florida, nor any county, municipality, special district, or school district therein shall expend any funds for the provision of goods and services to persons who are neither citizens of the United States of America nor aliens lawfully present in the United States of America. However, notwithstanding the above, nothing in this section shall be construed as a prohibition of the expenditure of funds for the purpose of providing goods and services to any person in connection with the rendition to that person of children’s medical services or of emergency medical services, as those terms are defined from time to time by general law.

(b) This section shall take effect on the July 1 next occurring after approval hereof by the electors

(c) 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.

Ballot Summary:

This amendment would prevent the state of Florida any local government within Florida, or any political subdivision thereof, from expending funds for social services on anyone other than a U. S. citizen or legal alien. This amendment makes an exception for emergency medical services and children’s medical services.

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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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PEOPLE’S PROPERTY RIGHTS AMENDMENT INITIATIVE

Article XI, Section 3 is amended to read on the day following voter approval:

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 or those that require full compensation be paid to the owner when government restricts use (except common law nuisances) of private real property causing a loss in fair market value, which in fairness should be borne by the public, shall embrace but one subject and matter directly connected therewith.

Ballot Summary:

This provision would expand the people’s rights to initiate constitutional changes by allowing amendments to cover multiple subjects that require full compensation be paid to the owner when government restricts use (excepting common law nuisances) of private real property causing loss in fair market value, which in fairness should be borne by the public. This amendment becomes effective the day following voter approval.

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PROHIBITING PUBLIC FUNDING OF POLITICAL CANDIDATES’ CAMPAIGNS INITIATIVE

Be it Enacted by the People of Florida that:

1) Amendment of Article VI, Florida Constitution:

Article VI, Florida Constitution, is hereby amended by adding at the end thereof the following new section:

Section 7. No Public Funding of Election Campaigns:

(a) Public funds shall not be used for the financing of campaigns for elective State office.

(b) For purposes of this section:

(1) The phrase "public funds" means funds from the State, including appropriated funds, trust funds, the Budget Stabilization Fund, or similar fiscal mechanisms of the State.

(2) The term "financing" means the payment of funds to campaigns, and does not include the use of funds for the administration or conduct of elections generally, or the reimbursement of funds or property erroneously paid to or taken by the State.

(3) The term "campaigns" means the activity of an individual as a candidate for election or of a candidate’s campaign committee or organization.

(4) The phrase "elective State office" means the Governor, Lieutenant Governor, Cabinet offices, Florida Senate and Florida House of Representatives.

2) Effective Date and Transition:

This amendment shall be effective on the date it is approved by the electorate. Funds remaining in trust funds or otherwise dedicated to uses abrogated under this amendment on such date shall be used first to satisfy any existing obligations under public campaign financing laws, and then deposited into the general revenue fund.

3) Severability:

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 the payment of State funds to political candidates’ campaigns for Governor, Lieutenant Governor, Cabinet offices, Florida Senate or Florida House of Representatives. The amendment will be effective upon passage. Upon passage, any funds remaining in public campaign financing accounts will be used to satisfy existing obligations, then treated as general revenue for the State.

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PROPERTY RIGHTS INITIATIVE

Add this new section to Article X, to be effective on the day following voter approval, notwithstanding its substantial affect on constitutional provisions, including Article II Section 7.

Section __. Property Rights: Compensation for Unfair Value Loss Caused by Governmental Use Restrictions on Real Property. When any action or regulation by the state, its agencies or political subdivisions restricts the use (other than nuisances at common law) of part or all of private real property causing a loss in the fair market value of the affected real property for the public good, which in fairness should be borne by the public as a whole, full compensation shall be paid to the owner thereof.

All issues shall be determined by jury trial in circuit court without prior resort to administrative remedies.

This provision shall apply to actions taken and regulations enacted after the effective date of this amendment as well as to applications after the effective date of this amendment of regulations enacted on or before the effective date of this amendment without abrogating any other remedy lawfully available.

Ballot Summary:

When government restricts use (excepting common law nuisances) of private real property causing a loss in fair market value, which in fairness should be borne by the public, full compensation shall be paid to the owner. All issues tried by jury without prior resort to administrative remedies. Substantially affects constitutional provisions including Article II, Section 7. Effective day after voter approval for new actions or regulations and, following effective date, new applications of existing regulations.

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PROPERTY TAX EXEMPTION FOR SCHOOL CHOICE INITIATIVE

The Florida Constitution, Article VII, Section 3, is hereby amended to add the following new part (f):

(f) Each resident of Florida who is the guardian of a child at least four years of age but not older than nineteen years of age, shall have the right to a property tax exemption in an amount equal to the property taxes that would otherwise be paid by said guardian for public schools in Florida, if said child is home-schooled or attends a non-public school (one not funded by the payment of property tax dollars) in Florida as a full-time student. The amount of this exemption is further described as that portion of the guardian’s real and tangible personal property taxes that would be allocated to any or all public schools, if this exemption was not available to the guardian.

Said exemption shall be calculated and granted for each year in which the guardian files an Affidavit which a) describes the property, including its location, owned by the guardian in Florida as of January 1 of the year in which the Affidavit is filed, b) states that said child has attained completion of an academic year in a home school program or in a non-public school in Florida in the immediately preceding calendar year, c) states that said child did not attend a public school in Florida at any time during that academic year, d) states the full names and dates of birth of all children in the custody of said guardian at any time within that academic year, and for each such child, states the name and address of each school the child attended in Florida during said academic year, and e) states that the exemption sought does not exceed the greater of: (i) the total cost of having the guardian’s children home-schooled or in attendance at the non-public school(s) such children attended during the academic year completed before the exemption is sought; or (ii) the total cost to the public for all of such children to have attended public school(s) in the county of the guardian’s residence as of January 1 of the year in which the exemption is sought, based upon the State of Florida’s projected or established total cost per student for said prior academic year.

In the event said guardian had custody of more than one child at least four years of age but not older than nineteen years of age during said academic year, and one or more of such children attended a public school in Florida at any time during said academic year, the guardian’s exemption shall be reduced by the percentage reached by dividing (A) the number of such children who attended any public school in Florida during said academic year, by (B) the total number of such children who were within the custody of the guardian at any time during said academic year.

Said Affidavit shall be filed with the Property Appraiser for each county in which the guardian’s property is located, between January 1 and March 1 of each calendar year in which the exemption is sought. The above-mentioned age limit of nineteen years shall be reasonably extended for the guardian of a child who is handicapped, has a learning disability, or is otherwise significantly incapacitated from academic progress; but in no event shall said extension last beyond the child attaining the equivalent of a high school graduation from a public school in Florida, or the child reaching the age of twenty-five (25) years, whichever comes first.

This amendment shall take effect on the day after its approval by a majority of the votes cast on this amendment at the election in which it is presented to the electorate. This amendment shall be effective on said date even if it affects multiple branches of government, pertains to more than one subject, limits the revenue and spending of more than one governmental entity in Florida, affects more than one provision of the constitution, and requires action by multiple branches of government to comply with this amendment. This amendment will or may substantially affect Article VII, Sections 1, 2, 3, 4, 6, 8, 9 and 18; Article XII, Sections 8, 9 and 15; Article XI, Sections 3 and 5; Article I, Section 3; and Article III, Section 19, of the Florida Constitution. If any portion of this amendment is held invalid for any reason, the remaining portion of this amendment, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

Ballot Summary:

This amendment allows a property tax exemption, for each Florida resident who is the guardian of a child at least four years of age but not older than nineteen years, in an amount equal to the property taxes that would otherwise be paid by said guardian for public schools in Florida, if said child is home schooled or attends a non-public school. It also specifies exemption qualifications, definitions, procedures, and limitations.

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PROTECTION OF RIGHT TO TRIAL BY JURY INITIATIVE

Article I, Section 22

(b) The right to a trial by jury to assess responsibility for and the amount of damages cannot be limited, taken away, or replaced by an exclusive alternative remedy.

Ballot Summary:

Restores the right to a trial by jury where that right has been limited or taken away. Preserves the right to have a jury trial. Prevents the legislature from taking away the right to a jury trial, and prevents the legislature from establishing in advance the amount of damages in any such case.

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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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RIGHT OF CITIZENS TO CHOOSE HEALTH CARE PROVIDERS INITIATIVE

Article I of the Constitution of the State of Florida is hereby amended to add the following:

1) Section 24. Right to Select Health Care Providers.

(a) The right of every natural person to the free, full and absolute choice in the selection of health care providers, licensed in accordance with state law, shall not be denied or limited by law or contract.

(b) This section shall not be construed to limit the authority of the state to regulate health care providers to ensure the preservation of the health, safety and welfare of the public.

2) This amendment shall take effect on the date it is approved by the electorate, however, this section shall not be applied to impair the obligations of contracts existing and in force at the time this section takes effect.

Ballot Summary:

Establishes the right of citizens to choose health care providers. This provision prevents insurance companies, managed care personnel, employers, and other such third parties from controlling a citizen’s selection of health care providers; requiring provision for choice of health care providers to be permitted in future contracts providing care under programs such as those organized under section 440.134, section 627.6472, Chapter 636 and Chapter 641, Florida Statutes.

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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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RIGHT TO SELECT HEALTH CARE PROVIDERS INITIATIVE

Article I, Section 24

An individual’s absolute right to select his or her health care providers shall not be denied or limited by law or contract.

Ballot Summary:

Grants persons the absolute right to choose health care providers. This provision would prevent insurance companies, employers, and any other third parties from controlling an individual’s selection of health care providers.

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SINGLE PAYER HEALTH CARE INITIATIVE

Article 1 of the Florida Constitution is hereby amended adding the following:

Section 26. Single Payer Health Care.

(a) By General Law the Legislature shall prescribe and thereafter enact single payer health care, which in clear and concise language shall set forth the right of all persons to comprehensive health care services from a health care provider of that person’s choice.

(b) For the purpose of this Section.

(1) "Comprehensive Health Care Services" means every person is entitled to receive benefits for any covered service furnished in Florida by a health care provider, if the service is necessary for the maintenance of health; for diagnosis and treatment; and rehabilitation following injury, disability, and or disease;

(2) "Covered Service" shall include, but are not limited to the following: (a) Health Care Practitioner’s services; (b) Hospital inpatient and outpatient services; (c) Ambulatory Surgical Services; (d) Prescription medications; (e) Laboratory and X-Ray Services; (f) Home Health Services; (g) Nursing Home Services; and (h) Hospice Services.

(3) "Covered Service" shall not include any of the following: (a) Cosmetic surgery, which is not required by physical injury or disease; (b) Medical examinations and reports conducted or prepared for purchasing life insurance.

(4) "Person" means any person who has manifested domicile in Florida by a sworn declaration under oath showing that the person resides in and maintains a place of abode in that Florida County, which is that person’s primary and permanent residence.

(5) "Health care provider" means a participant, who or which is authorized to furnish covered services in the single payer health care system enacted by the Legislature.

(6) "Single payer" means an entity, which has been prescribed and enacted by the Legislature pursuant to this Section, as the sole administrator, and the sole collector and the sole payor of funds for Comprehensive Health Care Services and its administration.

(c) 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.

(d) This Section shall take effect on the January 1st next occurring after approval by vote of the electors.

Ballot Summary:

All persons shall have a right to comprehensive health care services from the health care provider of their choice in a single payer health care system.

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STOP TURNING OUT PRISONERS INITIATIVE

Shall the following be added to the Florida Constitution, Article IV, Section 8:

All state prisoners lawfully sentenced to a term of years shall serve at least eighty-five percent of their term of imprisonment, unless granted pardon or clemency. Parole, conditional release, or any mechanism of sentence reduction may reduce the term of years sentence by no more than fifteen percent. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency.

Ballot Summary:

A state constitutional amendment which, except for pardon or clemency, requires that state prisoners sentenced to a term of years shall serve at least eighty-five percent of their terms of imprisonment. Parole, conditional release, or any mechanism of sentence reduction may reduce the term of years sentence by no more that fifteen percent. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency.

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TERM LIMITS BY VOTER APPROVAL INITIATIVE

To the extent permitted by the Constitution of the United States, Article VI, Section 4(b) of the Florida Constitution is amended to read:

No person may appear on the ballot for re-election to or retention in any of the following offices: (1) Florida representative, (2) Florida senator, (3) Florida Lieutenant Governor, (4) any office of the Florida cabinet, (5) U. S. Representative from Florida, (6) U. S. Senator from Florida, or (7) any office of any branch, subdivision, municipality, commission, or other agency of the government of this state. If, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for eight consecutive years.

This measure shall take effect the day after voters approve it. If any part of this initiative is invalidated, remaining parts shall be given full force and effect.

Ballot Summary:

No person may appear on the ballot for any office in this state if, by the end of the current term of office, he would have served in it for eight consecutive years. This currently applies only to some candidates, for terms starting after November, 1992. This new measure will include all candidates and prior service of current incumbents. This substantially affects Article V Section 10; Article VI Sections 4(b), 6; Article VIII Sections 1(d), 1(e), 2(b).

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MORTON/LEE LIMITING CONTINGENT FEES AMENDMENT INITIATIVE

The Morton/Lee Amendment allowing and limiting contingent attorney fees in accident and injury representations.

Article V, Florida Constitution is hereby amended to add the following:

Section 21. Attorneys; Contingent Fees. In any legal representation involving any accident or injury an attorney shall be allowed to charge a contingent attorney fee in an amount equal to BUT NO GREATER than 25% of the present value of the total benefits obtained for the client.

Ballot Summary:

This provision allows attorneys to charge contingent attorney fees in accident and injury cases in an amount equal to BUT NO GREATER than 25% of the present value of the total benefits obtained for the client.

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VOTER APPROVAL REQUIRED FOR NEW TAXES INITIATIVE

Add this subsection to Article VII, Section 1, to be effective on the day following voter approval, notwithstanding its substantial affect on Article VII Sections 1(a), 1(b), 2, 5, 7 and 9.

( ) Voter Approval Required for New Taxes. No new taxes may be imposed except upon approval in a vote of the electors of the state, local, other 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 state, local, or other 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:

Requires voter approval of new state, local or other taxes. New taxes include initiation of new taxes, increases in tax rates and eliminating tax exemptions. Allows emergency tax increases, lasting up to 12 months, if approved by three-fourths of a taxing entity’s governing body. Substantially affects Article VII, Sections 1(a), 1(b), 2, 5, 7 and 9. Effective on the day following voter approval.

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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.