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Amendments, Election of 11-3-1998 1997 HJR 969 (Article VI, Sections 3 & 4; Article XII, Section 22) {Adopted} 1998 HJR 3505 (Article I, Section 17) {Adopted} 1998 HJR 3151 (Article VII, Section 6) {Adopted} 1998 HJR 125 (Article VIII, Section 1) {Adopted} 9 by Constitution Revision Commission: Conservation of Natural Resources; Creation of Fish & Wildlife Conservation Commission (Article II, Section 7(a); Article IV, Section 9; Article VII, Section 11(e)-(f); Article X, Section 18; Article XII, Section 22) {Adopted} Public Education of Children (Article IX, Section 1) {Adopted} Local Option for Selection of Judges; Funding of State Courts (Article V, Sections 10, 11(a)-(b), 12(a) & (f), 14; Article XII, Section 22) {Adopted} Restructuring the State Cabinet (Article II, Section 8(h)(1); Article III, Sections 8(b), 16(b) & (f), 19(f)(3); Article IV, Sections 3(b), 4, 7(a), 8(a); Article VIII, Section 1(i); Article IX, Section 2; Article XI, Sections 2(c), 3, 4, 5(a), 6(e); Article XII, Sections 9(c)(5), 22) {Adopted} Basic Rights (Article I, Section 2) {Adopted} Local & Municipal Property Tax exemptions; Citizen Access to Local Officials (Article VII, Section 3(a), (f) & (g); Article VIII, Section 7) {Defeated} Ballot Access; Public Campaign Financing; Election Process Revisions (Article IV, Section 5(a); Article VI, Sections 1, 2, 5, 7; Article IX, Section 4(a)) {Adopted} Firearms Purchases; Local Option for Criminal History Records Check & Waiting Period (Article VIII, Section 5) {Adopted} Miscellaneous Matters & Technical Revisions (Article I, Sections 4, 9, 16(a), 18, 23; Article II, Sections 5(b), 8(g)-(i); Article III, Sections 3(f), 8(a)-(b), 17(b)-(c), 18, 19(d); Article IV, Sections 1(a) & (c), 2, 3(b), 4(e), 7(a); Article V, Sections 1, 2(a) & (b), 3(a), 8, 10(a), 11(c), 17, 18, 20(c)(6) & (9), 20(d)(8), 20(e)(1); Article VII, Sections 4(b), 6(b); Article IX, Section 5; Article X, Sections 3, 4(a); Article XI, Sections 2, 6) {Adopted} Initiative Petitions: Children's Right Not to be Abused (Article I, Section 26) {Did Not Make Ballot Position} Children's Right Not to be Molested (Article I, Section ?) {Did Not Make Ballot Position} Citizens' Right of Political Participation (Article I, Section 27) {Did Not Make Ballot Position} Constitutional Amendment Restricting Discrimination by the State of Florida or any Political Subdivision (Article I, Section ?) {Did Not Make Ballot Position} Court Reform (Article V) {Did Not Make Ballot Position} Education First! (Article II, Sections 8 & 12) {Did Not Make Ballot Position} Eliminate the Florida Parole Commission (Article IV, Section 8(c)) {Did Not Make Ballot Position} Fish & Wildlife Conservation Commission: Unifies Marine Fisheries & Game & Freshwater Fish Commission (Article IV, Section 9) {Removed} Florida Locally Approved Gaming (Article X, Section 16) {Did Not Make Ballot Position} Freedom to Use Medicinal Marijuana for Specific Certified Medical Purposes (Article I) {Did Not Make Ballot Position} Funding for Criminal Justice (Article III, Section 20) {Did Not Make Ballot Position} Funding for the State Courts System (Article V, Section 14) {Did Not Make Ballot Position} Limiting Assessed Values & Taxes on Homestead Property (Article VII, Section 4) {Did Not Make Ballot Position} Limiting Millage Tax Rates (Article VII, Section 9) {Did Not Make Ballot Position} Limiting Taxation by Non-Elected Persons (Article VII, Section 1) {Did Not Make Ballot Position} Limiting Taxpayer Supported Social Services to Illegal Aliens (Article VII, Section 18) {Did Not Make Ballot Position} People's Property Rights Amendments (Article XI, Section 3) {Removed} Prohibiting Public Funding of Political Candidates' Campaigns (Article VI, Section 7) {Did Not Make Ballot Position} Property Rights (Article X, Section ?) {Removed} Property Tax Exemption for School Choice (Article VII, Section 3) {Did Not Make Ballot Position} Requirement for Adequate Public Education Funding (Article IX, Section 1) {Removed} Right of Citizens to Choose Health Care Providers (Article I, Section 24) {Removed} Right of Intimate Privacy (Article I, Section ?) {Did Not Make Ballot Position} Right of Privacy Protected in Employment, Housing, Public Services, and Credit (Article I, Section 23) {Did Not Make Ballot Position} Save Our Florida (Article I, Section ?) {Did Not Make Ballot Position} Single Payer Health Care (Article I, Section 26) {Did Not Make Ballot Position} Term Limits by Voter Approval (Article V, Section 10; Article VI, Sections 4(b), 6; Article VIII, Sections 1(d), 1(e), 2(b)) {Did Not Make Ballot Position} Term Limits Pledge (Article VI, Section 7) {Did Not Make Ballot Position} The Florida Civil Rights Initiative (Article I, Section 2) {Did Not Make Ballot Position} Vote Yes for the Right to Vote on Proposed Constitutional Amendments Signed by Enough Citizens (Article XI, Section 8) {Did Not Make Ballot Position} Vote Yes if Citizens Should be Able to Vote Out Judges in Recall Elections (Article V, Section 12) {Did Not Make Ballot Position} Vote Yes if Judges Should be Elected, Rather than Appointed, for One Eight-Year Term (Article V, Section 3(a)) {Did Not Make Ballot Position} Vote Yes if We Should Stop Releasing Prisoners EarlyBMinimum 85% of Sentence (Article IV, Section 8) {Did Not Make Ballot Position} Voter Approval Required for New Taxes (Article VII, Section 1) {Removed} Voter Control of City Taxes (Article VII, Section 9) {Did Not Make Ballot Position} Voter Option of "None of the Above" at General Election (Article VI, Section 8) {Did Not Make Ballot Position} Voters' Power of Recall (Article VI, Section 9) {Did Not Make Ballot Position}
Related Materials: Supreme Court Opinion (705 So.2d 1351) {Removing Fish & Wildlife Conservation Commission Initiative from Ballot} Supreme Court Opinion (699 So.2d 1304) {Removing People's Property Rights Amendments, Voter Approval Required for New Taxes, and Property Rights Initiatives from Ballot} Supreme Court Opinion (703 So.2d 446) {Removing Requirement for Adequate Public Education Funding Initiative from Ballot} Supreme Court Opinion (705 So.2d 563) {Removing Right of Citizens to Choose Health Care Providers Initiative from Ballot}
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HOUSE JOINT RESOLUTION NO. 969 A joint resolution proposing amendments to Sections 3 and 4 of Article VII and the creation of Section 22 of Article XII of the State Constitution relating to local option ad valorem tax exemption for, and assessment of, certain historic properties. Be it Resolved by the Legislature of the State of Florida: That the amendments to Sections 3 and 4 of Article VII and the creation of Section 22 of Article XII of the State Constitution set forth below are agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1998: ARTICLE VII FINANCE AND TAXATION Section 3. Taxes; exemptions. (a) All property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation. A municipality, owning property outside the municipality, may be required by general law to make payment to the taxing unit in which the property is located. Such portions of property as are used predominantly for educational, literary, scientific, religious or charitable purposes may be exempted by general law from taxation. (b) There shall be exempt from taxation, cumulatively, to every head of a family residing in this state, household goods and personal effects to the value fixed by general law, not less than one thousand dollars, and to every widow or widower or person who is blind or totally and permanently disabled, property to the value fixed by general law not less than five hundred dollars. (c) Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant community and economic development ad valorem tax exemptions to new businesses and expansions of existing businesses, as defined by general law. Such an exemption may be granted only by ordinance of the county or municipality, and only after the electors of the county or municipality voting on such question in a referendum authorize the county or municipality to adopt such ordinances. An exemption so granted shall apply to improvements to real property made by or for the use of a new business and improvements to real property related to the expansion of an existing business and shall also apply to tangible personal property of such new business and tangible personal property related to the expansion of an existing business. The amount or limits of the amount of such exemption shall be specified by general law. The period of time for which such exemption may be granted to a new business or expansion of an existing business shall be determined by general law. The authority to grant such exemption shall expire ten years from the date of approval by the electors of the county or municipality, and may be renewable by referendum as provided by general law. (d) By general law and subject to conditions specified therein, there may be granted an ad valorem tax exemption to a renewable energy source device and to real property on which such device is installed and operated, to the value fixed by general law not to exceed the original cost of the device, and for the period of time fixed by general law not to exceed ten years. (e) Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant historic preservation ad valorem tax exemptions to owners of historic properties Section 4. Taxation; assessments. By general law regulations shall be prescribed which shall secure a just valuation of all property for ad valorem taxation, provided: (a) Agricultural land, land producing high water recharge to Florida's aquifers or land used exclusively for non-commercial recreational purposes may be classified by general law and assessed solely on the basis of character or use. (b) Pursuant to general law tangible personal property held for sale as stock in trade and livestock may be valued for taxation at a specified percentage of its value, may be classified for tax purposes (c) All persons entitled to a homestead exemption under Section 6 of this Article shall have their homestead assessed at just value as of January 1 of the year following the effective date of this amendment. This assessment shall change only as provided herein. 1 . Assessments subject to this provision shall be changed annually on January 1st of each year; but those changes in assessments shall not exceed the lower of the following: (A) three percent (3%) of the assessment for the prior year. (B) the percent change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967=100, or successor reports for the preceding calendar year as initially reported by the United States Department of Labor, Bureau of Labor Statistics. 2. No assessment shall exceed just value. 3. After any change of ownership, as provided by general law, homestead property shall be assessed at just value as of January 1 of the following year. Thereafter, the homestead shall be assessed as provided herein. 4. New homestead property shall be assessed at just value as of January 1st of the year following the establishment of the homestead. That assessment shall only change as provided herein. 5. Changes, additions, reductions or improvements to homestead property shall be assessed as provided for by general law; provided, however, after the adjustment for any change, addition, reduction or improvement, the property shall be assessed as provided herein. 6. In the event of a termination of homestead status, the property shall be assessed as provided by general law. 7. The provisions of this amendment are severable. If any of the provisions of this amendment shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of this amendment. (d) The legislature may, by general law, for assessment purposes and subject to the provisions of this subsection, allow counties and municipalities to authorize by ordinance that historic property may be assessed solely on the basis of character or use. Such character or use assessment shall apply only to the jurisdiction adopting the ordinance. The requirements for eligible properties must be specified by general law. ARTICLE XII SCHEDULE Section 22. Historic property exemption and assessment. The amendments to Sections 3 and 4 of Article VII relating to ad valorem tax exemption for, and assessment of, historic property shall take effect January 1, 1999. 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: HISTORIC PROPERTY TAX EXEMPTION AND ASSESSMENT With respect to historic property granted ad valorem tax exemption by a county or municipality, removes a requirement that the owner be engaged in renovating the property. Authorizes the Legislature to allow counties or municipalities, by ordinance, to assess historic properties solely on the basis of character or use for ad valorem tax purposes, subject to eligibility requirements specified by general law. Filed in Office Secretary of State May 15, 1997.
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HOUSE JOINT RESOLUTION NO. 3505 A joint resolution proposing an amendment to Section 17, Article I of the State Constitution, relating to excessive punishment. Be it Resolved by the Legislature of the State of Florida: That the amendment to Section 17 of Article I of the State Constitution set forth below is agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1998: Section 17. Excessive Punishments. Excessive fines, cruel and 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: PRESERVATION OF THE DEATH PENALTY; UNITED STATES SUPREME COURT INTERPRETATION OF CRUEL AND UNUSUAL PUNISHMENT Proposing an amendment to Section 17 of Article I of the State Constitution preserving the death penalty, and permitting any execution method unless prohibited by the Federal Constitution. Requires construction of the prohibition against cruel and/or unusual punishment to conform to United States Supreme Court interpretation of the Eighth Amendment. Prohibits reduction of a death sentence based on invalidity of execution method, and provides for continued force of sentence. Provides for retroactive applicability. Filed in Office Secretary of State May 5, 1998.
__________ HOUSE JOINT RESOLUTION NO. 3151 A joint resolution proposing an amendment to Section 6, Article VII of the State Constitution relating to an additional homestead tax exemption. Be it Resolved by the Legislature of the State of Florida: That the following amendment to Section 6 of Article VII of the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection and the next general election, and, if approved, shall take effect January 1, 1999: ARTICLE VII FINANCE AND TAXATION Section 6. Homestead exemptions. (a) Every person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, shall be exempt from taxation thereon, except assessments for special benefits, up to the assessed valuation of five thousand dollars, upon establishment of right thereto in the manner prescribed by law. The real estate may be held by legal or equitable title, by the entireties, jointly, in common, as a condominium, or indirectly by stock ownership or membership representing the owner's or member's proprietary interest in a corporation owning a fee or a leasehold initially in excess of ninety-eight years. (b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through stock or membership in a corporation, the value of the proportion which his interest in the corporation bears to the assessed value of the property. (c) By general law and subject to conditions specified therein, the exemption shall be increased to a total of twenty-five thousand dollars of the assessed value of the real estate for each school district levy. By general law and subject to conditions specified therein, the exemption for all other levies may be increased up to an amount not exceeding ten thousand dollars of the assessed value of the real estate if the owner has attained age sixty-five or is totally and permanently disabled and if the owner is not entitled to the exemption provided in subsection (d). (d) By general law and subject to conditions specified therein, the exemption shall be increased to a total of the following amounts of assessed value of real estate for each levy other than those of school districts: fifteen thousand dollars with respect to 1980 assessments; twenty thousand dollars with respect to 1981 assessments; twenty-five thousand dollars with respect to assessments for 1982 and each year thereafter. However, such increase shall not apply with respect to any assessment roll until such roll is first determined to be in compliance with the provisions of section 4 by a state agency designated by general law. This subsection shall stand repealed on the effective date of any amendment to section 4 which provides for the assessment of homestead property at a specified percentage of its just value. (e) By general law and subject to conditions specified therein, the Legislature may provide to renters, who are permanent residents, ad valorem tax relief on all ad valorem tax levies. Such ad valorem tax relief shall be in the form and amount established by general law. (f) The legislature may, by general law, allow counties or municipalities, for the purpose of their respective tax levies and subject to the provisions of general law, to grant an additional homestead tax exemption not exceeding twenty-five thousand dollars to any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income, as defined by general law, does not exceed twenty thousand dollars. The general law must allow counties and municipalities to grant this additional exemption, within the limits prescribed in this subsection, by ordinance adopted in the manner prescribed by general law, and must provide for the periodic adjustment of the income limitation prescribed in this subsection for changes in the cost of living. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE VII, SECTION 6 ADDITIONAL HOMESTEAD TAX EXEMPTION.BProposing an amendment to the State Constitution, effective January 1, 1999, to authorize the Legislature to allow counties and municipalities to grant an additional homestead tax exemption not exceeding $25,000 to certain persons 65 years of age or older whose household income does not exceed a specified amount. Filed in Office Secretary of State May 5, 1998.
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HOUSE JOINT RESOLUTION NO. 125 A joint resolution proposing an amendment to Section 1 of Article VIII of the State Constitution relating to recording of instruments. Be it Resolved by the Legislature of the State of Florida: That the amendment to Section 1 of Article VIII 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 1998. Section 1. Counties. (a) Political Subdivisions. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt. (b) County Funds. The care, custody and method of disbursing county funds shall be provided by general law. (c) Government. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose. (d) County Officers. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds. (e) Commissioners. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law. (f) Non-charter Government. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict. (g) Charter Government. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances. (h) Taxes; Limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas. (i) County Ordinances. Each county ordinance shall be filed with the secretary of state and shall become effective at such time thereafter as is provided by general law. (j) Violation of Ordinances. Persons violating county ordinances shall be prosecuted and punished as provided by law. (k) County Seat. In every county there shall be a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the substance of the amendment proposed herein shall appear on the ballot as follows: RECORDING OF INSTRUMENTS IN BRANCH OFFICES Proposing an amendment to Section 1 of Article VIII of the State Constitution authorizing the recording of instruments by filing at a branch office of a county seat. Filed in Office Secretary of State May 5, 1998.
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CONSTITUTIONAL REVISION Article II, Section 7(a); Article IV, Section 9; Article VII, Section 11(e)-(f); Article X, Section 18; Article XII, Section 22 CONSERVATION OF NATURAL RESOURCES AND CREATION OF FISH AND WILDLIFE CONSERVATION COMMISSION Ballot Summary: Requires adequate provision for conservation of natural resources; creates Fish and Wildlife Conservation Commission, granting it the regulatory and executive powers of the Game and Fresh Water Fish Commission and the Marine Fisheries Commission; removes legislature's exclusive authority to regulate marine life and grants certain powers to new commission; authorizes bonds to continue financing acquisition and improvement of lands for conservation, outdoor recreation, and related purposes; restricts disposition of state lands designated for conservation purposes. Full Text: ARTICLE II GENERAL PROVISIONS Section 7. Natural resources and scenic beauty. (a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources. ARTICLE IV EXECUTIVE Section 9. Fish and wildlife conservation There shall be a fish and wildlife conservation ARTICLE VII FINANCE AND TAXATION Section 11. State bonds; revenue bonds. (e) Bonds pledging all or part of a dedicated state tax revenue may be issued by the state in the manner provided by general law to finance or refinance the acquisition and improvement of land, water areas, and related property interests and resources for the purposes of conservation, outdoor recreation, water resource development, restoration of natural systems, and historic preservation. (f) ARTICLE X MISCELLANEOUS Section 18. Disposition of Conservation Lands. The fee interest in real property held by an entity of the state and designated for natural resources conservation purposes as provided by general law shall be managed for the benefit of the citizens of this state and may be disposed of only if the members of the governing board of the entity holding title determine the property is no longer needed for conservation purposes and only upon a vote of two-thirds of the governing board. ARTICLE XII SCHEDULE Section 22. Fish and wildlife conservation commission. (a) 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 those commissions on the effective date of this amendment, who may serve the remainder of their respective terms. New appointments to the commission shall not be made until the retirement, resignation, removal, or expiration of the terms of the initial members results in fewer than seven members remaining. (b) The jurisdiction of the marine fisheries commission as set forth in statutes in effect on March 1, 1998, shall be transferred to the fish and wildlife conservation commission. The jurisdiction of the marine fisheries commission transferred to the commission shall not be expanded except as provided by general law. All rules of the marine fisheries commission and game and fresh water fish commission in effect on the effective date of this amendment shall become rules of the fish and wildlife conservation commission until superseded or amended by the commission. (c) On the effective date of this amendment, the marine fisheries commission and game and fresh water fish commission shall be abolished. (d) This amendment shall take effect July 1, 1999.
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CONSTITUTIONAL REVISION Article IX, Section 1 PUBLIC EDUCATION OF CHILDREN Ballot Summary: Declares the education of children to be a fundamental value of the people of Florida; establishes adequate provision for education as a paramount duty of the state; expands constitutional mandate requiring the state to make adequate provision for a uniform system of free public schools by also requiring the state to make adequate provision for an efficient, safe, secure, and high quality system. Full Text: ARTICLE IX EDUCATION Section 1. The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.
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CONSTITUTIONAL REVISION Article V, Sections 10, 11(a)-(b), 12(a) & (f), 14; Article XII, Section 22 LOCAL OPTION FOR SELECTION OF JUDGES AND FUNDING OF STATE COURTS Ballot Summary: Provides for future local elections to decide whether to continue electing circuit and county judges or to adopt system of appointment of those judges by governor, with subsequent elections to retain or not retain those judges; provides election procedure for subsequent changes to selection of judges; increases county judges' terms from four to six years; corrects judicial qualifications commission term of office; allocates state courts system funding among state, counties, and users of courts. Full Text: ARTICLE V JUDICIARY Section 10. Retention; election and terms. (a) Any justice or judge (b)(1) The election of circuit judges shall be preserved notwithstanding the provisions of subsection (a) unless a majority of those voting in the jurisdiction of that circuit approves a local option to select circuit judges by merit selection and retention rather than by election. The election of circuit judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. (2) The election of county court judges shall be preserved notwithstanding the provisions of subsection (a) unless a majority of those voting in the jurisdiction of that county approves a local option to select county judges by merit selection and retention rather than by election. The election of county court judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. (3)a. A vote to exercise a local option to select circuit court judges and county court judges by merit selection and retention rather than by election shall be held in each circuit and county at the general election in the year 2000. If a vote to exercise this local option fails in a vote of the electors, such option shall not again be put to a vote of the electors of that jurisdiction until the expiration of at least two years. b. After the year 2000, a circuit may initiate the local option for merit selection and retention or the election of circuit judges, whichever is applicable, by filing with the secretary of state a petition signed by the number of electors equal to at least ten percent of the votes cast in the circuit in the last preceding election in which presidential electors were chosen. c. After the year 2000, a county may initiate the local option for merit selection and retention or the election of county court judges, whichever is applicable, by filing with the supervisor of elections a petition signed by the number of electors equal to at least ten percent of the votes cast in the county in the last preceding election in which presidential electors were chosen. Section 11. Vacancies. (a) Whenever a vacancy occurs in a judicial office to which election for retention applies, the governor shall fill the (b) The governor shall fill each vacancy on a circuit court or on a county court, wherein the judges are elected by a majority vote of the electors, 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. 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. (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 s. 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in s. 12(a)(1)b. of Article V, one judge from the district courts of appeal and one circuit judge as set forth in s. 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 s. 12(a)(1)c. of Article V, two members 3. Group III. The terms of five members, composed of two electors as set forth in s. 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in s. 12(a)(1)b., one judge from the district courts of appeal and one county judge as set forth in s. 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. Section 14. Funding (a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneys' offices, public defenders' offices, and court-appointed counsel, except as otherwise provided in subsection (c), shall be provided from state revenues appropriated by general law. (b) All funding for the offices of the clerks of the circuit and county courts performing court-related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions as required by general law. Selected salaries, costs, and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law. (c) No county or municipality, except as provided in this subsection, shall be required to provide any funding for the state courts system, state attorneys' offices, public defenders' offices, court-appointed counsel or the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall be required to fund the cost of communications services, existing radio systems, existing multi-agency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the trial courts, public defenders' offices, state attorneys' offices, and the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall also pay reasonable and necessary salaries, costs, and expenses of the state courts system to meet local requirements as determined by general law. (d) The judiciary shall have no power to fix appropriations. ARTICLE XII SCHEDULE Section 22. Schedule to Article V Amendment. (a) Commencing with fiscal year 2000-2001, the legislature shall appropriate funds to pay for the salaries, costs, and expenses set forth in the amendment to Section 14 of Article V pursuant to a phase-in schedule established by general law. (b) Unless otherwise provided herein, the amendment to Section 14 shall be fully effectuated by July 1, 2004.
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CONSTITUTIONAL REVISION Article II, Section 8(h)(1); Article III, Sections 8(b), 16(b) & (f), 19(f)(3); Article IV, Sections 3(b), 4, 7(a), 8(a); Article VIII, Section 1(i); Article IX, Section 2; Article XI, Sections 2(c), 3, 4, 5(a), 6(e); Article XII, Sections 9(c)(5), 22 RESTRUCTURING THE STATE CABINET Ballot Summary: Merges cabinet offices of treasurer and comptroller into one chief financial officer; reduces cabinet membership to chief financial officer, attorney general, agriculture commissioner; secretary of state and education commissioner eliminated from elected cabinet; secretary of state duties defined by law; changes composition of state board of education from governor and cabinet to board appointed by governor; board appoints education commissioner; defines state board of administration, trustees of internal improvement trust fund, land acquisition trust fund. Full Text: ARTICLE II GENERAL PROVISIONS Section 8. Ethics in government. A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right: (h) Schedule. On the effective date of this amendment and until changed by law: (1) Full and public disclosure of financial interests shall mean filing with the custodian a. A copy of the person's most recent federal income tax return; or b. A sworn statement which identifies each separate source and amount of income which exceeds $1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources of income. ARTICLE III LEGISLATURE Section 8. Executive approval and veto. (b) When a bill or any specific appropriation of a general appropriation bill has been vetoed, Section 16. Legislative apportionment. (b) Failure of Legislature to Apportion; Judicial Reapportionment. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian (f) Judicial Reapportionment. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not later than sixty days after receiving the petition of the attorney general, file with the custodian Section 19. State Budgeting, Planning and Appropriations Processes. (f) Trust Funds. (2) State trust funds in existence before the effective date of this subsection shall terminate not more than four years after the effective date of this subsection. State trust funds created after the effective date of this subsection shall terminate not more than four years after the effective date of the act authorizing the creation of the trust fund. By law the legislature may set a shorter time period for which any trust fund is authorized. (3) Trust funds required by federal programs or mandates; trust funds established for bond covenants, indentures, or resolutions, whose revenues are legally pledged by the state or public body to meet debt service or other financial requirements of any debt obligations of the state or any public body; the state transportation trust fund; the trust fund containing the net annual proceeds from the Florida Education Lotteries; the Florida retirement trust fund; trust funds for institutions under the management of the Board of Regents, where such trust funds are for auxiliary enterprises and contracts, grants, and donations, as those terms are defined by general law; trust funds that serve as clearing funds or accounts for the chief financial officer ARTICLE IV EXECUTIVE Section 3. Succession to office of governor; acting governor. (b) Upon impeachment of the governor and until completion of trial thereof, or during the governor's Section 4. Cabinet. (a) There shall be a cabinet composed of (b) The secretary of state shall keep the records of the official acts of the legislative and executive departments. (b) (c)
(d) (e) The governor as chair, the chief financial officer, and the attorney general shall constitute the state board of administration, which shall succeed to all the power, control, and authority of the state board of administration established pursuant to Article IX, Section 16 of the Constitution of 1885, and which shall continue as a body at least for the life of Article XII, Section 9(c). (f) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the trustees of the internal improvement trust fund and the land acquisition trust fund as provided by law. (g) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the agency head of the Department of Law Enforcement. (g) The commissioner of education shall supervise the public education system in the manner prescribed by law. Section 7. Suspensions; filling office during suspensions. (a) By executive order stating the grounds and filed with the custodian Section 8. Clemency. (a) Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian ARTICLE VIII LOCAL GOVERNMENT Section 1. Counties. (i) County Ordinances. Each county ordinance shall be filed with the custodian ARTICLE IX EDUCATION Section 2. State board of education. The ARTICLE XI AMENDMENTS Section 2. Revision commission. (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 custodian Section 3. Initiative. The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the custodian Section 4. Constitutional convention. (a) The power to call a convention to consider a revision of the entire constitution is reserved to the people. It may be invoked by filing with the custodian (b) At the next general election held more than ninety days after the filing of such petition there shall be submitted to the electors of the state the question: "Shall a constitutional convention be held?" If a majority voting on the question votes in the affirmative, at the next succeeding general election there shall be elected from each representative district a member of a constitutional convention. On the twenty-first day following that election, the convention shall sit at the capital, elect officers, adopt rules of procedure, judge the election of its membership, and fix a time and place for its future meetings. Not later than ninety days before the next succeeding general election, the convention shall cause to be filed with the custodian Section 5. Amendment or revision election. (a) A proposed amendment to or revision of this constitution, or any part of it, shall be submitted to the electors at the next general election held more than ninety days after the joint resolution, initiative petition or report of revision commission, constitutional convention or taxation and budget reform commission proposing it is filed with the custodian Section 6. Taxation and budget reform commission. (e) The commission shall hold public hearings as it deems necessary to carry out its responsibilities under this section. The commission shall issue a report of the results of the review carried out, and propose to the legislature any recommended statutory changes related to the taxation or budgetary laws of the state. Not later than one hundred eighty days prior to the general election in the second year following the year in which the commission is established, the commission shall file with the custodian ARTICLE XII SCHEDULE Section 9. Bonds. (c) Motor Vehicle Fuel Taxes. (2) Article IX, Section 16, of the Constitution of 1885, as amended, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim for the purpose of providing that after the effective date of this revision the proceeds of the "second gas tax" as referred to therein shall be allocated among the several counties in accordance with the formula stated therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds, revenue certificates and tax anticipation certificates or any refundings thereof secured by any portion of the "second gas tax." (4) Subject to the requirements of paragraph (2) of this subsection and after payment of administrative expenses, the "second gas tax" shall be allocated to the account of each of the several counties in the amounts to be determined as follows: There shall be an initial allocation of one-fourth in the ratio of county area to state area, one-fourth in the ratio of the total county population to the total population of the state in accordance with the latest available federal census, and one-half in the ratio of the total "second gas tax" collected on retail sales or use in each county to the total collected in all counties of the state during the previous fiscal year. If the annual debt service requirements of any obligations issued for any county, including any deficiencies for prior years, secured under paragraph (2) of this subsection, exceeds the amount which would be allocated to that county under the formula set out in this paragraph, the amounts allocated to other counties shall be reduced proportionately. (5) Funds allocated under paragraphs (2) and (4) of this subsection shall be administered by the state board of administration created under Article IV, Section 4 Section 22. Executive branch reform. (a) The amendments contained in this revision shall take effect January 7, 2003, but shall govern with respect to the qualifying for and the holding of primary elections in 2002. The office of chief financial officer shall be a new office as a result of this revision. (b) In the event the secretary of state is removed as a cabinet office in the 1998 general election, the term "custodian of state records" shall be substituted for the term "secretary of state" throughout the constitution and the duties previously performed by the secretary of state shall be as provided by law.
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CONSTITUTIONAL REVISION Article I, Section 2 BASIC RIGHTS Ballot Summary: Defines "natural persons," who are equal before the law and who have inalienable rights, as "female and male alike;" provides that no person shall be deprived of any right because of national origin; changes "physical handicap" to "physical disability" as a reason that people are protected from being deprived of any right. Full Text: ARTICLE I DECLARATION OF RIGHTS Section 2. Basic rights. All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability
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CONSTITUTIONAL REVISION Article VII, Section 3(a), (f) & (g); Article VIII, Section 7 LOCAL AND MUNICIPAL PROPERTY TAX EXEMPTIONS AND CITIZEN ACCESS TO LOCAL OFFICIALS Ballot Summary: Broadens tax exemption for governmental uses of municipal property; authorizes legislature to exempt certain municipal and special district property used for airport, seaport, or public purposes; permits local option tax exemption for property used for conservation purposes; permits local option tangible personal property tax exemption for attachments to mobile homes and certain residential rental furnishings; removes limitations on citizens' ability to communicate with local officials about matters which are the subject of public hearings. Full Text: ARTICLE VII FINANCE AND TAXATION Section 3. Taxes; exemptions. (a) All property owned by a municipality and used (f) A county or municipality may be authorized by general law to grant ad valorem tax exemptions for real property used for conservation purposes as defined by general law. (g) In addition to any other exemption granted to tangible personal property, a county may exempt all appurtenances and attachments to mobile home dwellings that are classified as tangible personal property and all appliances, furniture, and fixtures classified as tangible personal property which are included in single-family and multi-family residential rental facilities that have ten or fewer individual housing units, as provided by general law. The general law shall require the adoption of the exemption on a county-option basis and may specify conditions for its application. ARTICLE VIII LOCAL GOVERNMENT Section 7. Ex parte communications. The people shall have the right to address a local government public official without regard to ex parte communications considerations, in a manner consistent with ethics laws.
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CONSTITUTIONAL REVISION Article IV, Section 5(a); Article VI, Sections 1, 2, 5, 7; Article IX, Section 4(a) BALLOT ACCESS, PUBLIC CAMPAIGN FINANCING, AND ELECTION PROCESS REVISIONS Ballot Summary: Provides ballot access requirements for independent and minor party candidates cannot be greater than requirements for majority party candidates; allows all voters, regardless of party, to vote in any party's primary election if the winner will have no general election opposition; provides public financing of campaigns for statewide candidates who agree to campaign spending limits; permits candidates for governor to run in primary elections without lieutenant governor; makes school board elections nonpartisan; corrects voting age. Full Text: ARTICLE IV EXECUTIVE Section 5. Election of governor, lieutenant governor and cabinet members; qualifications; terms. (a) At a state-wide general election in each calendar year the number of which is even but not a multiple of four, the electors shall choose a governor and a lieutenant governor and members of the cabinet each for a term of four years beginning on the first Tuesday after the first Monday in January of the succeeding year. In primary elections, candidates for the office of governor may choose to run without a lieutenant governor candidate. In the general election ARTICLE VI SUFFRAGE AND ELECTIONS Section 1. Regulation of elections. All elections by the people shall be by direct and secret vote. General elections shall be determined by a plurality of votes cast. Registration and elections shall, and political party functions may, be regulated by law; however, the requirements for a candidate with no party affiliation or for a candidate of a minor party for placement of the candidate's name on the ballot shall be no greater than the requirements for a candidate of the party having the largest number of registered voters. Section 2. Electors. Every citizen of the United States who is at least eighteen Section 5. Primary, general, and special elections. (a) A general election shall be held in each county on the first Tuesday after the first Monday in November of each even-numbered year to choose a successor to each elective state and county officer whose term will expire before the next general election and, except as provided herein, to fill each vacancy in elective office for the unexpired portion of the term. A general election may be suspended or delayed due to a state of emergency or impending emergency pursuant to general law. Special elections and referenda shall be held as provided by law. (b) If all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, all qualified electors, regardless of party affiliation, may vote in the primary elections for that office. Section 7. Campaign spending limits and funding of campaigns for elective state-wide office. It is the policy of this state to provide for state-wide elections in which all qualified candidates may compete effectively. A method of public financing for campaigns for state-wide office shall be established by law. Spending limits shall be established for such campaigns for candidates who use public funds in their campaigns. The legislature shall provide funding for this provision. General law implementing this paragraph shall be at least as protective of effective competition by a candidate who uses public funds as the general law in effect on January 1, 1998. ARTICLE IX EDUCATION Section 4. School districts; school boards. (a) Each county shall constitute a school district; provided, two or more contiguous counties, upon vote of the electors of each county pursuant to law, may be combined into one school district. In each school district there shall be a school board composed of five or more members chosen by vote of the electors in a nonpartisan election for appropriately staggered terms of four years, as provided by law.
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CONSTITUTIONAL REVISION Article VIII, Section 5 FIREARMS PURCHASES: LOCAL OPTION FOR CRIMINAL HISTORY RECORDS CHECK AND WAITING PERIOD Ballot Summary: Authorizes each county the option of requiring a criminal history records check and waiting period of 3 to 5 days in connection with the "sale" of any firearm; defines "sale" as the transfer of money or other valuable consideration for a firearm where any part of the transaction occurs on property open to public access; does not apply to holders of a concealed weapons permit when purchasing a firearm. Full Text: ARTICLE VIII LOCAL GOVERNMENT Section 5. Local option. (a) Local option on the legality or prohibition of the sale of intoxicating liquors, wines or beers shall be preserved to each county. The status of a county with respect thereto shall be changed only by vote of the electors in a special election called upon the petition of twenty-five per cent of the electors of the county, and not sooner than two years after an earlier election on the same question. Where legal, the sale of intoxicating liquors, wines and beers shall be regulated by law. (b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.
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CONSTITUTIONAL REVISION Article I, Sections 4, 9, 16(a), 18, 23; Article II, Sections 5(b), 8(g)-(i); Article III, Sections 3(f), 8(a)-(b), 17(b)-(c), 18, 19(d); Article IV, Sections 1(a) & (c), 2, 3(b), 4(e), 7(a); Article V, Sections 1, 2(a) & (b), 3(a), 8, 10(a), 11(c), 17, 18, 20(c)(6) & (9), 20(d)(8), 20(e)(1); Article VII, Sections 4(b), 6(b); Article IX, Section 5; Article X, Sections 3, 4(a); Article XI, Sections 2, 6 MISCELLANEOUS MATTERS AND TECHNICAL REVISIONS Ballot Summary: Removes gender-specific references; allows prison sentences in court-martial actions; consolidates ethics code provisions; specifies time for veto message consideration; clarifies that legislature gives designated officials final general appropriations bills 72 hours before passage; allows direct appeal of courts-martial to specified state court and advisory opinions from federal military courts; requires earlier constitution revision commission appointments; changes tax and budget reform commission voting procedures and meetings from every 10 to every 20 years. Full Text: ARTICLE I DECLARATION OF RIGHTS Section 4. Freedom of speech and press. Every person may speak, write and publish Section 9. Due process. No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself Section 16. Rights of accused and of victims. (a) In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation Section 18. Administrative penalties. No administrative agency, except the Department of Military Affairs in an appropriately convened court-martial action as provided by law, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. Section 23. Right of privacy. Every natural person has the right to be let alone and free from governmental intrusion into the person's ARTICLE II GENERAL PROVISIONS Section 5. Public officers. Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of ...(title of office)... on which I am now about to enter. So help me God.", and thereafter shall devote personal attention to the duties of the office, and continue in office until a Section 8. Ethics in government. A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right: (g) A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law. (h) (i) (1) Full and public disclosure of financial interests shall mean filing with the secretary of state by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of $1,000 and its value together with one of the following: a. A copy of the person's most recent federal income tax return; or b. A sworn statement which identifies each separate source and amount of income which exceeds $1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources of income. (2) Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (i)(1) (3) The independent commission provided for in subsection (f) shall mean the Florida Commission on Ethics. ARTICLE III LEGISLATURE Section 3. Sessions of the legislature. (f) Adjournment by Governor. If, during any regular or special session, the two houses cannot agree upon a time for adjournment, the governor may adjourn the session sine die or to any date within the period authorized for such session; provided that, at least twenty-four hours before adjourning the session, and Section 8. Executive approval and veto. (a) Every bill passed by the legislature shall be presented to the governor for (b) When a bill or any specific appropriation of a general appropriation bill has been vetoed, Section 17. Impeachment. (b) An officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and, unless (c) All impeachments by the house of representatives shall be tried by the senate. The chief justice of the supreme court, or another justice designated by the chief justice Section 18. Conflict of interest. A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law. Section 19. State Budgeting, Planning and Appropriations Processes. (d) Seventy-two Hour Public Review Period. ARTICLE IV EXECUTIVE Section 1. Governor. (a) The supreme executive power shall be vested in a governor, who (c) The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting the governor's Section 2. Lieutenant governor. There shall be a lieutenant governor, who Section 3. Succession to office of governor; acting governor. (b) Upon impeachment of the governor and until completion of trial thereof, or during Section 4. Cabinet. (e) The treasurer shall keep all state funds and securities and Section 7. Suspensions; filling office during suspensions. (a) By executive order stating the grounds and filed with the secretary of state, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform ARTICLE V JUDICIARY Section 1. Courts. The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality. The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices. The legislature may establish by general law a civil traffic hearing officer system for the purpose of hearing civil traffic infractions. The legislature may, by general law, authorize a military court-martial to be conducted by military judges of the Florida National Guard, with direct appeal of a decision to the District Court of Appeal, First District. 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 of 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. The supreme court shall adopt rules to allow the court and the district courts of appeal to submit questions relating to military law to the federal Court of Appeals for the Armed Forces for an advisory opinion. (b) The chief justice of the supreme court shall be chosen by a majority of the members of the court; Section 3. Supreme court. (a) Organization. The supreme court shall consist of seven justices. Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the Section 8. Eligibility. No person shall be eligible for office of justice or judge of any court unless the person Section 10. Retention; election and terms. (a) Any justice of the supreme court or any judge of a district court of appeal may qualify for retention by a vote of the electors in the general election next preceding the expiration of the justice's or judge's Section 11. Vacancies. (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 the governor Section 17. State attorneys. In each judicial circuit a state attorney shall be elected for a term of four years. Except as otherwise provided in this constitution, the state attorney Section 18. Public defenders. In each judicial circuit a public defender shall be elected for a term of four years, who Section 20. Schedule to Article V. (c) After this article becomes effective, and until changed by general law consistent with sections 1 through 19 of this article: (6) No justice or judge shall be a member of a judicial nominating commission. A member of a judicial nominating commission may hold public office other than judicial office. No member shall be eligible for appointment to state judicial office so long as that person (9) Any municipality or county may apply to the chief judge of the circuit in which that municipality or county is situated for the county court to sit in a location suitable to the municipality or county and convenient in time and place to its citizens and police officers and upon such application said chief judge shall direct the court to sit in the location unless the chief judge (d) When this article becomes effective: (8) No judge of a court abolished by this article shall become or be eligible to become a judge of the circuit court unless the judge (e) Limited Operation of Some Provisions. (1) All justices of the supreme court, judges of the district courts of appeal and circuit judges in office upon the effective date of this article shall retain their offices for the remainder of their respective terms. All members of the judicial qualifications commission in office upon the effective date of this article shall retain their offices for the remainder of their respective terms. Each state attorney in office on the effective date of this article shall retain the ARTICLE VII FINANCE AND TAXATION Section 4. Taxation; assessments. By general law regulations shall be prescribed which shall secure a just valuation of all property for ad valorem taxation, provided: (b) Pursuant to general law tangible personal property held for sale as stock in trade and livestock may be valued for taxation at a specified percentage of its value, may be classified for tax purposes Section 6. Homestead exemptions. (b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through stock or membership in a corporation, the value of the proportion which the ARTICLE IX EDUCATION Section 5. Superintendent of schools. In each school district there shall be a superintendent of schools who ARTICLE X MISCELLANEOUS Section 3. Vacancy in office. Vacancy in office shall occur upon the creation of an office, upon the death, Section 4. Homestead; exemptions. (a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person: (1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner's consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner's (2) personal property to the value of one thousand dollars. ARTICLE XI AMENDMENTS Section 2. Revision commission. (a) Within thirty days before the convening of the 2017 (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 chair (c) Each constitution revision commission shall convene at the call of its chair Section 6. Taxation and budget reform commission. (a) Beginning in 2007 (1) eleven members selected by the governor, none of whom shall be a member of the legislature at the time of appointment. (2) seven members selected by the speaker of the house of representatives and seven members selected by the president of the senate, none of whom shall be a member of the legislature at the time of appointment. (3) four non-voting ex officio members, all of whom shall be members of the legislature at the time of appointment. Two of these members, one of whom shall be a member of the minority party in the house of representatives, shall be selected by the speaker of the house of representatives, and two of these members, one of whom shall be a member of the minority party in the senate, shall be selected by the president of the senate. (b) Vacancies in the membership of the commission shall be filled in the same manner as the original appointments. (c) At its initial meeting, the members of the commission shall elect a member who is not a member of the legislature to serve as chair (d) The commission shall examine the state budgetary process, the revenue needs and expenditure processes of the state, the appropriateness of the tax structure of the state, and governmental productivity and efficiency; review policy as it relates to the ability of state and local government to tax and adequately fund governmental operations and capital facilities required to meet the state's needs during the next twenty (e) The commission shall hold public hearings as it deems necessary to carry out its responsibilities under this section. The commission shall issue a report of the results of the review carried out, and propose to the legislature any recommended statutory changes related to the taxation or budgetary laws of the state. Not later than one hundred eighty days prior to the general election in the second year following the year in which the commission is established, the commission shall file with the secretary of state its proposal, if any, of a revision of this constitution or any part of it dealing with taxation or the state budgetary process.
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CHILDREN'S RIGHT NOT TO BE ABUSED Ballot Summary: Establishes terms of release for convicted child abusers, compiles list of suspected and convicted child sex offenders and requires background checks for all child care workers. Additional penalties for convicted child sex abusers. Clarifies existing laws. Full Text: Article one of the Florida Constitution is hereby amended adding the Following: Section 26. Children's Right not to be Abused. Legislature shall proscribe and enact the provision of this amendment. a. All child abusers released from jail or sentenced must be informed they may never work with children in their lifetime. b. All Suspected and convicted child sex offenders will be put on a list open to the public, including names from the national list. c. Upon second conviction, child sex abusers must be either surgically or chemically castrated or post an bond to be paroled. d. All child care workers including support staff must be fingerprinted and background checked before being hired. e. Child Sex Offenders must help pay for their incarceration, Parole and damages to their victims. f. Circumstances of the having sex with minor between 12-16 must be considered during Trial and sentencing. g. Non Citizens must be Deported if convicted of child sex abuse. h. Penalties for Perjury or false report will increase in the sexual abuse of children. i. The statue of limitations for child abuse should be extended minimally an additional five years where applicable. j. Accomplices, Accessories and Witness's who refuse to report child sexual abuse will be charged with the same crime. k. If evidence of child abuse exists, they must immediately be removed from their home or other surroundings and turned over to the appropriate state or local agency. l. Any convicted child sex offenders must report to their local police department upon entering the state of Florida.
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CHILDREN'S RIGHT NOT TO BE MOLESTED Ballot Summary: Protects children's right not to be abused from child molesters. Requires lists, penalties and checks of child molesters.
Full Text: Article 1 of the Florida Constitution is hereby amended adding the Following Section: Children's right not to be molested. Legislature shall prescribe and enact measures implementing this Section: I. Children have the right to be protected from abusers. a. All convicted child abusers may never work with children in their lifetime. b. All child care workers or volunteers including support staff must be fingerprinted and backgrounds checked before being hired. c. Convicted child sex abusers may be surgically or chemically castrated, post a bond and must attend counseling to be paroled. After second conviction they must be surgically or chemically castrated or & post a bond and must attend counseling to be paroled. d. Increased penalties, supervision and publicity for child sex offenders who assault children 12 or under or uses coercion over 12. e. Child Sex Offenders must help pay for their incarceration, Parole and damages to their victims. f. Convicted child sex and nonsexual abusers and will be put on separate public lists, including names from the national list. Accused child sex and nonsexual abusers will be on separate public lists, they are defined as a person who has been charged with child abuse and has pleaded guilty to a lesser crime, ordered to counseling, lost custody of children or resigned from their employment as a result. g. Non Citizens need to be Deported if convicted of child sexual abuse. h. Penalties for Perjury or false report will increase in the sexual abuse of children. i. The statue of limitations for child abuse shall be extended where applicable. j. Accomplices, Accessories and Witness's who refuse to report child sexual abuse will be charged with the same crime. k. If evidence of child abuse exists, they must immediately be removed from their home or other surroundings. l. Any convicted child sex offenders must report to their local police department upon entering the state of Florida. m. Circumstances of the having sex with a minor between 13-18 must be considered during Trial and sentencing. n. 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 on the May 1st after approval by the electorate.
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CITIZENS' RIGHT OF POLITICAL PARTICIPATION Ballot Summary: This amendment declares that adult citizens have a fundamental right of political participation; citizens have a vital interest in political competition and choice at general elections; and the government cannot impose financial or discriminatory requirements which reduce or penalize citizen participation in the electoral process. Full Text: A new section 27 of Article 1 of the Florida Constitution is hereby created by adding the following language: Section 27. Right of Political Participation. The right of political participation is fundamental, because adult citizens have a vital, compelling interest in robust political competition and choice at general elections. The government shall not impose discriminatory standards or financial requirements which diminish participation and competition in the political process, as candidates or voters, alone or in association with others, regardless of party affiliation.
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RESTRICTING DISCRIMINATION BY THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION 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. Full Text: 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.
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COURT REFORM 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. Full Text: 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. [no subsection (h) included in text] (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.
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EDUCATION FIRST! 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. Full Text: 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.
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ELIMINATE THE FLORIDA PAROLE COMMISSION 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. Full Text: This initiative petition would amend section 8(c) of article IV of the Florida Constitution to provide as follows: full text of amendment: 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.
__________ FISH AND WILDLIFE CONSERVATION COMMISSION 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. Full Text: 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.
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FLORIDA LOCALLY APPROVED GAMING 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. Full Text: 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.
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FREEDOM TO USE MEDICINAL MARIJUANA FOR SPECIFIC CERTIFIED MEDICAL PURPOSES Ballot Summary: Establishes a right of individuals to choose to obtain and use marijuana for specific medical purposes when certified as medically appropriate by a licensed physician; protects physicians and third parties who recommend or provide medicinal marijuana and allows penalties for fraudulent certification or use. Full Text: Additional Section is Inserted in Article I of the Florida Constitution. Freedom to Use Medicinal Marijuana for Specific Certified Medical Purposes. (A) Each Natural Person has the Right to obtain and use marijuana for medical purposes when a licensed physician has certified: (1) That use of marijuana is medically appropriate for that Person in the Professional Judgment of that Physician, and (2) That the Person's Health may Benefit from use of marijuana in the Treatment of Cancer, HIV, AIDS, Anorexia, Glaucoma, Arthritis, Chronic Pain, Spasticity, Migraine, and Other Specified Medical Condition or Illness. (B) The legislature is authorized to enact measures implementing Certification Procedures under this section. Notwithstanding this provision, no legislation is required for this section to take legal effect. (C) No physician may be subjected to criminal prosecution, professional disciplinary regulation, or other legal sanction, based on his or her certification of marijuana use under this section unless such certification is fraudulent and the physician knows or should have known of the fraud. (D) No natural person may be subjected to criminal prosecution or other legal sanction based on his or her cultivation, provision, transportation or sale of marijuana for, or to, a person who has obtained marijuana for certified medical use under this section. (E) If any portion of this section is held invalid for any reason, the remaining portions of this section, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application on the day after approval by the electorate.
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FUNDING FOR CRIMINAL JUSTICE 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. Full Text: 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.
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FUNDING FOR THE STATE COURTS SYSTEM Ballot Summary: Requires the state to fund the state courts system, which is defined to mean the supreme court, district courts of appeal, circuit and county courts, programs under the supervision and control of the courts, state attorneys' and public defenders' offices, offices of the clerks of courts when performing court-related functions, and court-appointed counsel; provides that counties and municipalities shall not be required to fund such costs; becomes effective July 1, 2002. Full Text: Section 14 of Article V of the Florida Constitution is revised by amending that section to read: Section 14. (a) All justices and judges shall be compensated only by state salaries fixed by general law. (b) All funding for the state courts system shall be provided from state revenues appropriated by general law. No county or municipality shall be required to provide any funding for the state courts system. Fort purposes of this section, "state courts system" means the supreme court, district courts of appeal, circuit courts, county courts and all divisions thereof, programs authorized by general law under the administrative control and supervision of the courts, state attorneys' offices, public defenders' offices, offices of the clerks of the circuit and county courts when performing court-related functions, and court-appointed counsel. (c) The judiciary shall have no power to fix appropriations. (d) This section, as amended, shall take effect July 1, 2002.
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LIMITING ASSESSED VALUES AND TAXES ON HOMESTEAD PROPERTY 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. Full Text: 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.
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LIMITING MILLAGE TAX RATES 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. Full Text: 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.
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LIMITING TAXATION BY NON-ELECTED PERSONS 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. Full Text: 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.
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LIMITING TAXPAYER SUPPORTED SOCIAL SERVICES TO ILLEGAL ALIENS 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. Full Text: 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.
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PEOPLE'S PROPERTY RIGHTS AMENDMENT 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. Full Text: 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.
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PROHIBITING PUBLIC FUNDING OF POLITICAL CANDIDATES' CAMPAIGNS 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. Full Text: 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. Table of Contents | Home | Links | Search | Members | Email |
