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1 STATE OF FLORIDA
2 CONSTITUTION REVISION COMMISSION
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6 COMMISSION MEETING
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10 DATE: October 20, 1997
11 TIME: Commenced at 9:10 a.m.
Concluded at 12:15 p.m.
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PLACE: The Senate Chamber
13 The Capitol
Tallahassee, Florida
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REPORTED BY: KRISTEN L. BENTLEY
15 MONA L. WHIDDON
Court Reporters
16 Division of Administrative Hearings
The DeSoto Building
17 1230 Apalachee Parkway
Tallahassee, Florida
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1 APPEARANCES
2 W. DEXTER DOUGLASS, CHAIRMAN
3 CARLOS ALFONSO
CLARENCE E. ANTHONY
4 ANTONIO L. ARGIZ
JUDGE THOMAS H. BARKDULL, JR.
5 MARTHA WALTERS BARNETT (ABSENT)
ROBERT M. BROCHIN
6 THE HONORABLE ROBERT A. BUTTERWORTH (EXCUSED UNTIL 9:35)
KEN CONNOR (EXCUSED)
7 CHRIS CORR
SENATOR ANDER CRENSHAW
8 VALERIE EVANS
MARILYN EVANS-JONES
9 BARBARA WILLIAMS FORD-COATES
ELLEN CATSMAN FREIDIN
10 PAUL HAWKES
WILLIAM CLAY HENDERSON
11 THE HONORABLE TONI JENNINGS (EXCUSED)
THE HONORABLE GERALD KOGAN (EXCUSED)
12 DICK LANGLEY
JOHN F. LOWNDES
13 STANLEY MARSHALL
JACINTA MATHIS
14 JON LESTER MILLS
FRANK MORSANI (EXCUSED)
15 ROBERT LOWRY NABORS
CARLOS PLANAS (ABSENT)
16 JUDITH BYRNE RILEY
KATHERINE FERNANDEZ RUNDLE
17 SENATOR JIM SCOTT (EXCUSED)
H. T. SMITH
18 CHRIS T. SULLIVAN (ABSENT)
ALAN C. SUNDBERG
19 JAMES HAROLD THOMPSON
PAUL WEST
20 JUDGE GERALD T. WETHERINGTON
STEPHEN NEAL ZACK
21 PAT BARTON
22 IRA H. LEESFIELD (ABSENT)
LYRA BLIZZARD LOGAN
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1 PROCEEDINGS
2 (Quorum taken and recorded electronically.)
3 SECRETARY BLANTON: All commissioners, please
4 indicate your presence.
5 (Whereupon the role was taken.)
6 CHAIRMAN DOUGLASS: Come to order, please.
7 SECRETARY BLANTON: A quorum is present,
8 Mr. Chairman.
9 CHAIRMAN DOUGLASS: Commissioners and guests in the
10 gallery, please rise for the opening prayer given this
11 morning by Reverend Harold Hawkins, Minister of the
12 Unitarian University's fellowship of the Emerald Coast in
13 Valparaiso, Florida. Reverend Hawkins.
14 REVEREND HAWKINS: Let us pray. Great spirits of all
15 humankind, we gather to do the work of the people for the
16 people. May wisdom guided by our collective reason come
17 forth as a clear stream and may our minds and hearts be
18 purified from the ever abundant evils which surround us.
19 We praise our freedom and the liberty to create a
20 document which will enlighten and guide us correctly in
21 the days ahead, attend us we pray thee as we begin our
22 work today and peaceably guide us to its completion, amen.
23 CHAIRMAN DOUGLASS: Would you all please remain
24 standing for the pledge of allegiance to the flag?
25 Commissioner Anthony, would you lead the pledge this
4
1 morning, please?
2 (Whereupon, the pledge was said.)
3 CHAIRMAN DOUGLASS: Please be seated. Later this
4 morning we have a class from the Butler Elementary
5 School's 5th grade in Santa Rosa Beach who will be here --
6 they've been simulating the revision process and using the
7 one lesson plan that we provided and Commissioner Riley
8 will introduce them when they arrive. She, I think, has
9 been with that class and met with them and will present
10 them when they do arrive. The -- we'll now proceed with
11 the daily order of the business.
12 Receiving communications.
13 CLERK: None on the desk, Mr. Chairman.
14 CHAIRMAN DOUGLASS: Introduction of proposals.
15 READING CLERK: None on the desk, Mr. Chairman.
16 CHAIRMAN DOUGLASS: And reports of committees,
17 Commissioner Barkdull, Chairman of Committee on the rules
18 and administration, to discuss matters that we need to
19 take up.
20 COMMISSIONER BARKDULL: Thank you, Mr. Chairman.
21 This morning, fellow commissioners, we are going to
22 proceed to take up the remainder of the issues that were
23 raised at the public hearings, they commence on Page 3 of
24 your calendar that's on your desk and we will use the same
25 format we used at the previous meeting. The Chair will
5
1 call a particular article and section and then see if any
2 commissioner desires to move it in proposal and see if it
3 gets ten votes.
4 We will proceed through that until conclusion. After
5 that, we will go into the committee meetings as scheduled.
6 The committee meetings, with the exception of those that
7 are the rules committee and possibly one other, meet in
8 the Senate office building which is next door. Probably
9 the easiest way is to go downstairs and walk across to the
10 plaza. There is a way to go around and catch an elevator
11 down, as I understand it, and cross over.
12 CHAIRMAN DOUGLASS: You can go right out here and
13 back in across the walkway.
14 COMMISSIONER BARKDULL: Either way, and find your
15 room number for which committee you're scheduled. Our
16 thought is to reconvene tomorrow morning. As we go
17 through, I will announce a little later at what time we
18 will reconvene tomorrow morning. It will depend on the
19 process of how we go this morning in disposing of all the
20 public proposals.
21 You will notice in the calendar that there is a
22 reference that matters were before the commission that
23 were set in the previous meeting but were not acted on.
24 Those are matters that when a chairman reads, say, Article
25 I, Section x and there were a number of different
1 proposals under it and nobody moved any of them, they
2 remained on the calendar. They're up for your
3 consideration again today.
4 If they do not receive the ten votes today, they will
5 not remain on the calendar any longer. So you will have
6 the opportunity to go through all those that were before
7 you in September that did not receive a motion to move
8 forward and all those that were raised at the Orlando,
9 Daytona, Tampa, and Fort Myers meetings. But this will
10 conclude, at this point, the last time that we will have
11 the opportunity to put before the commission or a
12 committee of the commission a public issue, or an issue
13 raised by the public. It's going to need the ten votes to
14 go forward, otherwise an individual commissioner is going
15 to have to introduce it as their proposal.
16 Thank you, Mr. Chairman.
17 CHAIRMAN DOUGLASS: Does everybody understand or have
18 any questions? Did you announce that there is a meeting
19 of the rules committee following the session?
20 COMMISSIONER BARKDULL: I didn't announce it, but
21 it's contained in the calendar. But for the benefit of
22 the rules committee members, we will have -- it's
23 scheduled for noon, Mr. Chairman, in 309, I believe, it is
24 here.
25 CHAIRMAN DOUGLASS: All right. We'll now proceed to
1 the special order as pointed out. It's printed and on
2 your desk, it's today's calendar. This is our final
3 review of the public proposals as Commissioner Barkdull
4 pointed out, and you have before you a summary document
5 dated October 20. This document represents all the public
6 proposals received up to the deadline. I will do what we
7 did last time by stating each article and section number.
8 If you wish to move to file any proposal within that
9 group, the reading clerk will read the description of the
10 proposal and we'll take a vote by hands, and if there is
11 an affirmative vote of ten commissioners, the proposal
12 will be referred to the secretary to be drafted and filed
13 for consideration by the commission which will included
14 being assigned to a committee for consideration.
15 The -- please remember we're here today to consider
16 these issues raised in the public hearings and to vote on
17 those proposals you wish to file for consideration. We
18 are not here to debate the issues at this time. This
19 afternoon we will begin our committee process, and we will
20 probably have some announcements about that before we
21 conclude the session here this morning.
22 So without any further -- Commissioner Mathis.
23 COMMISSIONER MATHIS: Good morning, Mr. Chairman.
24 CHAIRMAN DOUGLASS: Good morning.
25 COMMISSIONER MATHIS: It's my understanding that the
1 deadlines for the proposals by the individual
2 commissioners has passed; is that being extended?
3 CHAIRMAN DOUGLASS: No, individual commissioner's
4 deadlines have not past. You can still file whatever you
5 like. And go ahead -- and it will be sent directly to
6 bill drafting and then on to -- for reference to the
7 committee. Commissioner Langly rises.
8 COMMISSIONER LANGLEY: Thank you, Mr. Chairman.
9 First announce, there are no shortcut provisions today
10 that took us three hours longer last time. But if we feel
11 that these are already included in things that have been
12 referred, can there be some sort of determination of that,
13 or what are you going to do with redundant provisions?
14 CHAIRMAN DOUGLASS: I'm not going to do anything with
15 them. If somebody moves them we'll take the vote. And if
16 they're there, we'll send them and combine them with the
17 one that's already there if that's necessary. I think
18 that's easier than me trying to rule them out and get
19 somebody involved in discussing whether they should be or
20 not. So we'll just take them up. If somebody wants to
21 move them, we'll see what happens and move from there.
22 Commissioner Evans-Johns.
23 COMMISSIONER EVANS-JONES: We saw Pat Gleeson
24 (phonetic) on the elevator -- not on the elevator, on the
25 stairs coming up. But she said the Attorney General would
1 be here later and she wanted you to know that.
2 CHAIRMAN DOUGLASS: We're always delighted to have
3 him whether he's a candidate, the commissioner or the
4 Attorney General. I guess he is a candidate for the
5 Attorney General in any event. We'll proceed unless there
6 are further questions or comments from the members. Does
7 anybody have anything further they'd wish to bring up at
8 this time?
9 All right. If not, we'll proceed to begin with
10 Article I, Section 2. Does anybody want to move any of
11 those that have not been moved, or even some of those that
12 were passed over last -- none of these have been moved.
13 If anybody -- in Article I, Section 2.
14 Commissioner Freidin.
15 COMMISSIONER FREIDIN: I would move Article I,
16 Section 2-3c.
17 CHAIRMAN DOUGLASS: All right. Would you read that,
18 please?
19 READING CLERK: Article I, Section 2-3-c. This
20 section shall deal with the mentally handicapped as well
21 as the physically handicapped.
22 CHAIRMAN DOUGLASS: All right. We'll vote on that.
23 All in favor, of the moving that forward, raise your hand.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: Raise your hands again. It
1 fails. There were only eight votes. Does anybody move
2 any other of the items under Article I, Section 2? Now
3 after today none of these will appear that were not moved;
4 they will be dropped from the consideration. Commissioner
5 Langley.
6 COMMISSIONER LANGLEY: Mr. Chairman, if you would,
7 I'd like to move I-2-1b including protection of the
8 unborn.
9 CHAIRMAN DOUGLASS: I-2-1b, will the reading clerk
10 read that? Is that in? Where is that?
11 COMMISSIONER RUNDLE: It's already in.
12 CHAIRMAN DOUGLASS: I don't have that on mine. It's
13 not on the calendar. Did we move that forward last time?
14 We moved that forward last time, Commissioner Langley,
15 it's got ten votes and been moved forward. It's already
16 been referred. Any further under Article I, Section 2?
17 (No response.)
18 CHAIRMAN DOUGLASS: Article I, Section 3.
19 COMMISSIONER FREIDIN: Mr. Chairman, I'm sorry, I
20 have for Article I, Section 2-3d.
21 CHAIRMAN DOUGLASS: Article I, Section 2-3d. Would
22 the reading clerk read that, please?
23 READING CLERK: Article I, Section 2-3d. Equal
24 rights for sex, race, sexual orientation, marital status,
25 ethnicity, national origin, color, or indigenousness.
1 Prohibits pregnancy discrimination. Guarantees right to
2 make reproductive decisions.
3 CHAIRMAN DOUGLASS: All those in favor of moving that
4 forward, raise your hand, please.
5 (Whereupon, the vote was taken.)
6 CHAIRMAN DOUGLASS: It will move forward. Are there
7 any others under Article I, Section 2? If not, we'll go
8 to Article I, Section 3. Article I, Section 3.
9 (No response.)
10 CHAIRMAN DOUGLASS: If not, we'll move forward to
11 Article I, Section 4.
12 (No response.)
13 CHAIRMAN DOUGLASS: We'll move on to Article I,
14 Section 5. Commissioner Riley.
15 COMMISSIONER RILEY: I would like to move forward
16 I-5-1a.
17 CHAIRMAN DOUGLASS: Would the reading clerk please
18 read?
19 READING CLERK: Article I, Section 5-1a. Ensure fair
20 ballot access.
21 CHAIRMAN DOUGLASS: All right. All in favor of
22 moving that forward, raise your hand.
23 (Whereupon, the vote was taken.)
24 CHAIRMAN DOUGLASS: It moves forward. All right.
25 Article I, Section 6. Anybody move anything under Article
1 I, Section 6? There are quite a few under that one if you
2 want to take a little time. If not, we'll move on to
3 Article I, Section 8. Commissioner Freidin.
4 COMMISSIONER FREIDIN: Seeing as I'm the only person
5 who feels like standing up this morning --
6 CHAIRMAN DOUGLASS: Commissioner Riley stood up.
7 COMMISSIONER FREIDIN: Well, I'm the most energetic,
8 let me put it that way. I would move forward Article I,
9 Section 8-b-2.
10 CHAIRMAN DOUGLASS: Would the reading clerk please
11 read that?
12 READING CLERK: Article I, Section 8-b-2. Holders of
13 a concealed weapon permit as prescribed in Florida law
14 shall not be subject to the provisions of this paragraph
15 except that no person criminally convicted of an act of
16 domestic violence as defined by the Legislature shall be
17 allowed to purchase or maintain a handgun.
18 CHAIRMAN DOUGLASS: All right. All in favor of
19 moving that forward, raise your hand.
20 (Whereupon, the vote was taken.)
21 CHAIRMAN DOUGLASS: It fails. All right. We're
22 still on Article I, Section 8. Does anybody move any of
23 the other items Article I, Section 8? If not, we'll move
24 to Article I, Section 9. Commissioner Zack.
25 COMMISSIONER ZACK: Article I, Section 9-2.
1 CHAIRMAN DOUGLASS: Would the reading clerk please
2 read?
3 READING CLERK: Article I, Section 9-2, No person
4 shall be deprived of life, liberty, property or family
5 without due process of law.
6 CHAIRMAN DOUGLASS: All in favor of moving that
7 forward, raise your hand.
8 (Whereupon, the vote was taken.)
9 CHAIRMAN DOUGLASS: It goes forward. Article I,
10 Section 9. If not we'll move forward to Article I,
11 Section 13.
12 (No response.)
13 CHAIRMAN DOUGLASS: We'll move forward Article I,
14 Section 14. Commissioner Freidin.
15 COMMISSIONER FREIDIN: I would move forward Article
16 I, Section 14-1.
17 CHAIRMAN DOUGLASS: Would the reading clerk please
18 read it?
19 READING CLERK: Article I, Section 14-1. Unless
20 charged with a capital offense, a felonious act of
21 domestic violence as defined by Legislature, or an offense
22 punishable by life imprisonment and the proof of guilt is
23 evident or the presumption great, every person charged
24 with a crime or violation of municipal or county ordinance
25 shall be entitled to pretrial release on reasonable
1 conditions. If no conditions of release can reasonably
2 protect the community or the family from risk of physical
3 harm to persons.
4 CHAIRMAN DOUGLASS: All right. Does everybody
5 understand that? Or do you want it read again? That's a
6 significant proposed change. All right. All those in
7 favor of moving that forward for consideration, raise your
8 hand.
9 (Whereupon, the vote was taken.)
10 CHAIRMAN DOUGLASS: Let's vote again since I voted
11 for this one. All right. Everybody in favor of moving
12 this one forward please raise your hand.
13 (Whereupon, the vote was taken.)
14 CHAIRMAN DOUGLASS: Seven, well, we got one more that
15 that. It fails.
16 Article I, Section 15. Commissioner Riley.
17 COMMISSIONER RILEY: I would like to move forward
18 I-15-a-1a.
19 CHAIRMAN DOUGLASS: All right. Would you read it,
20 please?
21 READING CLERK: Article I, Section 15-a-1a. Repeal
22 the death penalty and replace it with imprisonment without
23 parole.
24 CHAIRMAN DOUGLASS: Okay. All in favor of moving
25 that forward for consideration, raise your hand.
1 (Whereupon, the vote was taken.)
2 CHAIRMAN DOUGLASS: Okay. Anymore under Article I,
3 Section 15?
4 COMMISSIONER BARKDULL: One inquiry, Mr. Chairman.
5 Did that previous one get ten votes?
6 CHAIRMAN DOUGLASS: No, it did not.
7 COMMISSIONER BARKDULL: Thank you.
8 CHAIRMAN DOUGLASS: It got seven, I think.
9 Commissioner Smith.
10 COMMISSIONER SMITH: I'd like to move I-15-a-1d.
11 CHAIRMAN DOUGLASS: Would the clerk please read?
12 READING CLERK: Article I, Section 15-a-1d. Judges
13 should not be empowered to override a jury's decision to
14 impose life in prison instead of death.
15 CHAIRMAN DOUGLASS: All right. Everybody in favor of
16 moving that forward for consideration, raise your hand
17 please.
18 (Whereupon, the vote was taken.)
19 CHAIRMAN DOUGLASS: It moves forward. Article I,
20 Section 15. Any others under Article I, Section 15? If
21 not, we'll move to Article I, Section 16.
22 COMMISSIONER SMITH: Mr. Chairman.
23 CHAIRMAN DOUGLASS: Commissioner Smith.
24 COMMISSIONER SMITH: With regard to the passage to
25 move forward on I-15-a1e -- I mean 1d, as chair of the
1 Declaration of Rights, it's my interpretation that we have
2 the authority to consider that both ways. In other words,
3 judges do not have the authority to overrule a decision of
4 the jury on whether it's for death or for life. And I
5 just want to say that now so that when it comes to the
6 committee it's expanded to deal with just the judge's
7 override, that's the intent. And I want to say that now
8 before we move beyond it.
9 CHAIRMAN DOUGLASS: Okay. I would agree when it gets
10 to the committee you can take a proposal and deal with it
11 as the committee desires by amendment or whatever and
12 report back what the committee recommends or doesn't
13 recommend as a rule.
14 COMMISSIONER SMITH: Thank you, Mr. Chair.
15 CHAIRMAN DOUGLASS: So I think that would be an
16 interpretation that would be appropriate. But the way
17 it's going to be drafted is the manner in which it was
18 presented. Commissioner Smith, it's going to be drafted,
19 however, the way it was presented and moved by you. All
20 right. Is there anymore under that? If not, we'll move
21 to Article I, Section 16. Commissioner Zack.
22 COMMISSIONER ZACK: I-16-1.
23 CHAIRMAN DOUGLASS: Would the reading clerk read
24 I-16-1?
25 READING CLERK: Article I, Section 16-1. A criminal
1 should not be able to sue the victim if the victim injures
2 the criminal.
3 CHAIRMAN DOUGLASS: All in favor of moving that
4 forward, raise your hand.
5 (Whereupon, the vote was taken.)
6 CHAIRMAN DOUGLASS: It fails. Anymore under I-16?
7 Move to Article I -- uh-oh, excuse me, I didn't see you.
8 Commissioner Evans.
9 COMMISSIONER EVANS: I move I-16-2.
10 CHAIRMAN DOUGLASS: Would the reading clerk please
11 read I-16-2.
12 READING CLERK: Article I, Section 16-2. A person
13 falsely charged should be reimbursed by the State for at
14 least the reasonable and necessary cost out-of-pocket
15 costs (as opposed to attorney's fees) expected in a
16 successful defense.
17 CHAIRMAN DOUGLASS: All those in favor of moving that
18 forward, raise your hand.
19 (Whereupon, the vote was taken.)
20 CHAIRMAN DOUGLASS: It moves forward. Article I,
21 Section 17.
22 (No response.)
23 CHAIRMAN DOUGLASS: Article I, Section 18.
24 Commissioner Riley.
25 COMMISSIONER RILEY: I would like to have moved
1 forward I-18-b-1.
2 CHAIRMAN DOUGLASS: Would the reading clerk please
3 read?
4 READING CLERK: Article I, Section 18-b-1. Victims
5 of crime and their lawful representatives, including the
6 next of kin of homicide victims, are entitled to the right
7 to be informed, to be present, and to be heard when
8 relevant, at all crucial stages of criminal proceedings,
9 including the stage of pretrial release from confinement,
10 to the extent that these rights do not interfere with the
11 constitutional rights of the accused.
12 CHAIRMAN DOUGLASS: All right. All in favor of
13 moving that forward, please raise your hand.
14 (Whereupon, the vote was taken.)
15 CHAIRMAN DOUGLASS: It fails. Article I, Section 18,
16 there's one more there. Does anybody move it? If not,
17 we'll move onto Article I, Section 19.
18 (No response.)
19 CHAIRMAN DOUGLASS: Commission Zack, please rise.
20 COMMISSIONER ZACK: Move I-19-2.
21 CHAIRMAN DOUGLASS: All right. Would the reading
22 clerk please read?
23 READING CLERK: Article I, Section 19-2. A convicted
24 person shall be compelled to pay the victim or the
25 victim's lawful representative, any costs incurred by the
1 victim or representative, including but not limited to
2 medical, prenatal care, and adoption costs, as the result
3 of the crime especially in the instance of rape where a
4 child is conceived and the determination of cost shall be
5 retroactive up to two years from the date of this
6 amendment.
7 CHAIRMAN DOUGLASS: All right. Does everybody
8 understand that? All in favor of moving it forward, raise
9 your hand.
10 (Whereupon, the vote was taken.)
11 CHAIRMAN DOUGLASS: It fails. One thing I've been
12 asked to remind you, that when you move one, stand and
13 speak into the microphone or you won't be on the record.
14 And from now on, I will do the right thing and not
15 recognize you. So we'll try to work that out.
16 Article I, Section 21. (Pause.) All right. Does
17 anybody move that one? Or any one of those, excuse me.
18 If not, we'll move forward to Article I, Section 22.
19 (No response.)
20 CHAIRMAN DOUGLASS: Anybody move Article I, Section
21 22, any of those items? There are several there. I will
22 take a little time with them.
23 All right. If nobody moves anything in Article I,
24 Section 22, we'll move to Article I, Section 23.
25 Commissioner Anthony.
1 COMMISSIONER ANTHONY: Mr. Chairman, I'd like to move
2 Article I, Section 23-14?
3 CHAIRMAN DOUGLASS: Would the reading clerk please
4 read Article 23-14.
5 READING CLERK: Article I, Section 23-14, Add: No
6 local or state government, commission, agency or any other
7 government associated entities shall infringe on the
8 privacy rights of citizens or on the privacy rights of
9 groups of citizens to read, see, perform or entertain
10 themselves as they see fit.
11 CHAIRMAN DOUGLASS: All right. What is the short
12 title of that, the so-you-can-look-and-see provision? All
13 in favor of moving that forward, please raise your hand.
14 (Whereupon, the vote was taken.)
15 CHAIRMAN DOUGLASS: Well, you can't look and see. It
16 failed. I-23, are there any others? There's quite a few
17 there. Commissioner Evans.
18 COMMISSIONER EVANS: Mr. Chairman, I move I-23-4a.
19 CHAIRMAN DOUGLASS: All right. Would the reading
20 clerk please read I-23-4a?
21 READING CLERK: Article I, Section 23-4a. Add: The
22 family is a foundation -- foundational association of
23 civil society, and parents as natural guardians enjoy a
24 robust sphere of sovereignty concerning the protection,
25 discipline, education, and care of their children. No
1 parent shall be deprived of the guardianship of a child
2 without trial by jury.
3 CHAIRMAN DOUGLASS: All right. All in favor of
4 moving that forward, raise your hand, please.
5 (Whereupon, the vote was taken.)
6 CHAIRMAN DOUGLASS: It fails. Anymore under Article
7 I, Section 23? (Pause.) Commissioner Evans.
8 COMM EVANS: I move I-23-2d.
9 CHAIRMAN DOUGLASS: All right. Would the reading
10 clerk please read?
11 READING CLERK: Article I, Section 23-2d. Ban
12 partial-birth abortions.
13 CHAIRMAN DOUGLASS: All right. All in favor of
14 moving that forward, raise your hand, please.
15 (Whereupon, the vote was taken.)
16 CHAIRMAN DOUGLASS: If it gets one more vote it will
17 move forward, I think. Let's try it again. Raise your
18 hands.
19 SECRETARY BLANTON: I still get nine.
20 CHAIRMAN DOUGLASS: I'll vote ten and move it
21 forward. Anymore on Article I, Section 23?
22 I want to explain the vote. None of us here that
23 voted to move these forward are necessarily for these
24 documents. And I know many of you move to move them
25 forward many times because of respect for the views of
1 other members of the commission. And so you shouldn't
2 interpret -- and we shouldn't interpret any member's vote
3 here of this being for an item only for moving it forward
4 for consideration. That should be clear to everybody
5 that's involved in watching what we're doing too. Anymore
6 in Section -- Article I, Section 23?
7 (No response.)
8 CHAIRMAN DOUGLASS: Okay. We'll move to Article I,
9 Section 24. Article I, Section 24. If not we'll move to
10 Article I, Section 25. Commissioner Anthony.
11 COMMISSIONER ANTHONY: I would like to move Article
12 I, Section 25-2.
13 CHAIRMAN DOUGLASS: Would the reading clerk please
14 read?
15 READING CLERK: Article I, Section 25-2. Proposes an
16 extensive bill of rights to guarantee that the rights,
17 privacy, and property of Florida taxpayers are adequately
18 safeguarded and protected during the assessment,
19 collection, and enforcement processes administered under
20 the revenue laws of the state.
21 CHAIRMAN DOUGLASS: All right. Everybody ready to
22 vote? All in favor of moving that one forward, I-25-2,
23 please raise your hand.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: It does move forward. Article I,
1 Section x which will be additions in the article. Does
2 anybody move any of the ones that are there? Commissioner
3 Barnett isn't with us today. Anybody want to move any of
4 the ones on Article I, Section x? Now there's a lot of
5 that, so we'll take some time. Commissioner Mathis.
6 COMMISSIONER MATHIS: I'd like to move Article I,
7 Section x-24.
8 CHAIRMAN DOUGLASS: Article I, Section x-24. Would
9 the reading clerk please read?
10 READING CLERK: Article I, Section x-24. Allow
11 conjugal prison visitation and family visitation.
12 CHAIRMAN DOUGLASS: All right. All of those in
13 favor, raise your hand, please.
14 (Whereupon, the vote was taken.)
15 CHAIRMAN DOUGLASS: Raise your hand again. It does
16 move forward. Incidentally, that was a moving
17 presentation. I'm sure that's where the ten votes came
18 from. The person made it in our public hearing here in
19 Tallahassee. I think it was one of the most moving ones
20 we had whether you're for this or not. It was an
21 eye-opener for some of us.
22 Anymore under Article I-x? Article I, Section x?
23 Anymore under I-x? If not, before we move to Article II,
24 General Provisions, Commissioner Riley, I believe you have
25 some introductions now.
1 COMMISSIONER RILEY: I do.
2 CHAIRMAN DOUGLASS: Our young constitutional revision
3 commission from Santa Rosa Beach is with us.
4 COMMISSIONER RILEY: Mr. Chairman and fellow
5 commissioners, I am very pleased to introduce some
6 special, young Florida citizens to you this morning.
7 Last week Billy Buzzett and I spend the morning at a
8 5th grade class at Butler Elementary in South Walton
9 County and we were extremely impressed with the teacher
10 and her students and what they had done. They had taken a
11 lesson plan for the Constitution and had written the
12 Constitution for their class including branches, Preamble,
13 Bill of Rights, and four laws at that point.
14 And I'd like to introduce first, if I may, the
15 students who will be serving as pages so if you need
16 anything, Commissioners, just let them know. If you would
17 stand when I introduce your name. Sarah Stein who is
18 president. Mandy Uric who is secretary in the Legislative
19 branch. Jordan Bell who is past president and lawyer.
20 CHAIRMAN DOUGLASS: He's over here working already.
21 He's the lawyer, he's working hard, already.
22 COMMISSIONER RILEY: Joey All who's a lawyer. Leanne
23 Jordan who is vice-president. Gary Waldon, and Loren Wild
24 who is secretary of the Executive branch. And I'd also
25 like to call your attention to the west gallery over here
1 and most especially the teacher, this is Ms. Judy Stein,
2 if you would just stand up.
3 Without her help, this wouldn't have happened and her
4 students are extremely lucky to have her as their teacher.
5 And I would like to introduce the Baness (phonetic) Butler
6 Elementary 5th grade.
7 CHAIRMAN DOUGLASS: We're very delighted to have you
8 with us and also the -- apparently mothers or chaperons
9 who came. We welcome you too. And we're delighted that
10 you're going to be our pages today. And you lawyers get
11 to work now, you've got to work this crowd and see that
12 they all get what they need. And while we're on that, I'd
13 like to remind the commissioners again that in each of our
14 sessions, we will have pages. If you would make your
15 suggestions and -- to the executive director of our
16 commission, he will schedule the pages and they will be
17 able to participate in all of our sessions.
18 Mandy, our secretary, needs some help and she would
19 like you to come up and assist her. She's a little slow
20 this morning, it's Monday and she's been on vacation. So
21 she's going to ask you come help her. Thank you very
22 much.
23 All right. We'll proceed on to Article II, General
24 Provisions. Article II, Section 2. Are there any --
25 anybody move either of those items?
1 (No response.)
2 CHAIRMAN DOUGLASS: All right. Article II, Section
3 5. Article II, Section 5. Yes, Commissioner Langley.
4 COMMISSIONER LANGLEY: Yes, I would like to move
5 Article II, Section 5-2 adding local officers to the --
6 CHAIRMAN DOUGLASS: Reading clerk, please read 5-2?
7 READING CLERK: Article II, Section 5-2. Add
8 "district" officeholders to the prohibited categories of
9 dual officeholders.
10 CHAIRMAN DOUGLASS: Could I ask you a question? Can
11 you define district officeholders to me?
12 COMMISSIONER LANGLEY: We could debate it all
13 morning, but I think we ought to leave that to committee.
14 CHAIRMAN DOUGLASS: Okay. But right now they are not
15 excluded; is that correct?
16 COMMISSIONER LANGLEY: I don't know.
17 CHAIRMAN DOUGLASS: All right, sir. All those in
18 favor of moving that forward, raise your hand.
19 (Whereupon, the vote was taken.)
20 CHAIRMAN DOUGLASS: It moves forward. Anymore under
21 Article II, Section 5? Article II, Section 7. Yes,
22 Commissioner Zack.
23 COMMISSIONER ZACK: I'd like to move Article II,
24 Section 7-x-1.
25 CHAIRMAN DOUGLASS: 7-x-1. Would the reading clerk
1 please read Article II, Section 7-x-1.
2 READING CLERK: Article II, Section 7-x-1. Create an
3 Environmental Bill of Rights: (1) Right to live in an
4 environment free of toxic pollution of man-made chemicals;
5 (2) Right to protect and preserve our pristine natural
6 communities; (3) Right to insure the existence of the
7 scarce and fragile plant and animal species that share
8 Florida; (4) Right to outdoor recreation; (5) Right to
9 sustained economic success within our natural resources
10 capacity.
11 CHAIRMAN DOUGLASS: All right. All in favor of
12 moving that forward, raise your hand.
13 COMMISSIONER LANGLEY: I have a question.
14 CHAIRMAN DOUGLASS: All right. Commissioner Langley.
15 COMMISSIONER LANGLEY: Since I have two nieces and a
16 nephew that are going to be lawyers, do I have a conflict
17 in this?
18 CHAIRMAN DOUGLASS: No. They may have one because
19 you're their uncle. (Laughter.) Everybody in favor of
20 moving this forward, raise your hand, please.
21 (Whereupon, the vote was taken.)
22 CHAIRMAN DOUGLASS: It moves forward. Anymore under
23 Article II, Section 7? Commissioner Mills.
24 COMMISSIONER MILLS: Article II, Section 7-x-15b,
25 which is sort of in conjunction with the Environmental
1 Bill of Rights.
2 CHAIRMAN DOUGLASS: See if I can find that.
3 COMMISSIONER MILLS: X-15b --
4 CHAIRMAN DOUGLASS: 15-b, I got it. Would the
5 reading clerk -- I should have asked him. He knows where
6 it is. Would the reading clerk please read it?
7 READING CLERK: Article II, Section 7-x-15b. Provide
8 for a right to a healthy and clean environment; a right to
9 protect our native and endangered species; filter
10 pollutants.
11 CHAIRMAN DOUGLASS: All right. All in favor of
12 moving that forward, raise your hand, please.
13 (Whereupon, the vote was taken.)
14 CHAIRMAN DOUGLASS: It does not move. Anymore under
15 Article II, Section 7? Now there are a lot of them. So
16 I'll give you a little more time if you'd like.
17 Commissioner Riley.
18 COMMISSIONER RILEY: Article II, Section 7-x-7.
19 CHAIRMAN DOUGLASS: All right. Would the reading
20 clerk please read?
21 READING CLERK: Article II, Section 7-x-7. Clearly
22 state that the ownership of water belongs to Florida and
23 its people.
24 CHAIRMAN DOUGLASS: All right. All in favor of
25 moving that forward, raise your hand.
1 (Whereupon, the vote was taken.)
2 CHAIRMAN DOUGLASS: Raise your hands, I think they
3 keep going up.
4 SECRETARY BLANTON: I only see nine.
5 CHAIRMAN DOUGLASS: Make it ten, there's ten, Zack.
6 You voted twice.
7 (Laughter.)
8 CHAIRMAN DOUGLASS: It moves forward. Are there any
9 others under Article II, Section 7? Article II, Section
10 7? All right. If not, we'll move to Article II, Section
11 8.
12 (No response.)
13 CHAIRMAN DOUGLASS: Okay, move to Article II, Section
14 x. Commissioner Freidin.
15 COMMISSIONER FREIDIN: I was a little slow on the
16 uptake.
17 CHAIRMAN DOUGLASS: Glad to have you back.
18 COMMISSIONER FREIDIN: Thank you so much. It's good
19 to be back. I would move forward Article II, Section
20 8-f-1b.
21 CHAIRMAN DOUGLASS: 8-f-1b. Okay. Would the reading
22 clerk please read?
23 READING CLERK: Article II, Section 8-f-1b. Expand
24 authority of Ethics Commission to regulate private
25 entities that take on the duties of government regulators.
1 CHAIRMAN DOUGLASS: All right. All in favor of
2 moving that forward, raise your hand.
3 (Whereupon, the vote was taken.)
4 CHAIRMAN DOUGLASS: It does move forward. See, you
5 almost let it slip by, Commissioner Freidin, and you had
6 all the votes there. We move on to Article II, Section x.
7 (No response.)
8 CHAIRMAN DOUGLASS: All right. We'll move to Article
9 III -- Article III, Section 1. Anybody move anything
10 under Article III, Section 1?
11 (No response.)
12 CHAIRMAN DOUGLASS: We'll move to Article III,
13 Section 3. Commissioner Freidin.
14 COMMISSIONER FREIDIN: I would move forward Article
15 III, Section 3-b-3, which was proposed, I might add, by my
16 FSU law student.
17 CHAIRMAN DOUGLASS: All right. Would the reading
18 clerk please read?
19 READING CLERK: Article III, Section 3-b-3. Propose
20 that a regular session of the Legislature shall not exceed
21 120 days, with a mandatory 30-day recess commencing at the
22 end of the 45th consecutive day and terminating at the end
23 of the 75th day. A special session shall not exceed 20
24 consecutive days.
25 CHAIRMAN DOUGLASS: All right. All those in favor of
1 moving that forward, please raise your hand.
2 (Whereupon, the vote was taken.)
3 CHAIRMAN DOUGLASS: It does move forward. Anymore
4 under Article III, Section 3? Commissioner Marshall.
5 COMMISSIONER MARSHALL: I move Section 3-b-2.
6 CHAIRMAN DOUGLASS: 3-b-2. Would the reading clerk
7 please read?
8 READING CLERK: Article III, Section 3-b-2.
9 (CORRECTED) Provide for a bifurcated regular session. The
10 first 60 days of such session would be strictly limited to
11 committee work. That 60-day session could not be extended
12 and must be followed by a two-week recess. After that
13 two-week recess, the Legislature would reconvene for 45
14 days.
15 CHAIRMAN DOUGLASS: Okay. All those in favor of
16 moving that forward for consideration, raise your hand,
17 please.
18 (Whereupon, the vote was taken.)
19 CHAIRMAN DOUGLASS: It does move forward. Anymore
20 under Article III, Section 3? If not, we'll move forward
21 to Article III, Section 5.
22 (No response.)
23 CHAIRMAN DOUGLASS: Article III, Section 6.
24 (No response.)
25 CHAIRMAN DOUGLASS: Article III, Section 7.
1 (No response.)
2 CHAIRMAN DOUGLASS: Article III, Section 9.
3 (No response.)
4 CHAIRMAN DOUGLASS: Article III, Section 10.
5 COMMISSIONER SMITH: Mr. Chairman.
6 CHAIRMAN DOUGLASS: Commissioner Smith.
7 COMMISSIONER SMITH: Thank you, Mr. Chairman. In my
8 calendar I have a provision of Section 3-8-1. And we went
9 from 7 to 9. 3-81 in my calendar talks about the
10 governor's limiting the time -- I mean expanding the time
11 for him to veto.
12 CHAIRMAN DOUGLASS: I think we already did that,
13 didn't we? It moved forward at the last section. It's
14 been referred to committee. We're on Article III, Section
15 9. Is that where we are now?
16 (No response.)
17 CHAIRMAN DOUGLASS: Article III, Section 10.
18 (No response.)
19 CHAIRMAN DOUGLASS: Article III, Section 11.
20 (No response.)
21 CHAIRMAN DOUGLASS: Article 3, Section 15.
22 (No response.)
23 CHAIRMAN DOUGLASS: Article III, Section 16.
24 (No response.)
25 CHAIRMAN DOUGLASS: Article III, Section 18.
1 (No response.)
2 CHAIRMAN DOUGLASS: Article III, Section 19.
3 (No response.)
4 CHAIRMAN DOUGLASS: Oh, Commissioner Riley, excuse
5 me.
6 COMMISSIONER RILEY: I'd like to move forward
7 III-19-4a.
8 CHAIRMAN DOUGLASS: Would the reading clerk please
9 read III-19-4a?
10 READING CLERK: Article III, Section 19-4a. The
11 state planning document needs to be linked to the state
12 comprehensive plan, assuring consistency of governmental
13 decisions back to the state plan.
14 CHAIRMAN DOUGLASS: All those in favor of moving that
15 forward, raise your hand please.
16 (Whereupon, the vote was taken.)
17 CHAIRMAN DOUGLASS: It fails. Anymore under Article
18 III, Section 19?
19 (No response.)
20 CHAIRMAN DOUGLASS: Article III, Section x.
21 (No response.)
22 CHAIRMAN DOUGLASS: Okay. We move to Article IV,
23 Executive Branch. Article IV, Section 1.
24 (No response.)
25 CHAIRMAN DOUGLASS: Article IV, Section 3?
1 (No response.)
2 COMMISSIONER LANGLEY: Mr. Chairman.
3 CHAIRMAN DOUGLASS: Yes, Commissioner Langley.
4 COMMISSIONER LANGLEY: Just in the interest of
5 safety, Article IV, Section 3-b-1, I don't know if that's
6 a problem, but if it is, I think the committee ought to at
7 least look at it. Are you familiar with it?
8 CHAIRMAN DOUGLASS: Do you move it?
9 COMMISSIONER LANGLEY: Yes, sir.
10 CHAIRMAN DOUGLASS: Would the reading clerk please
11 read it?
12 READING CLERK: Article IV, Section 3-b-1. Rewrite
13 the provision regarding gubernatorial incapacity. It
14 provides no standards and could result in a constitutional
15 crisis.
16 CHAIRMAN DOUGLASS: All in favor of moving that
17 forward, raise your hand.
18 (Whereupon, the vote was taken.)
19 CHAIRMAN DOUGLASS: It moves forward. Commissioner
20 Riley.
21 COMMISSIONER RILEY: I'd like to move forward 5-a-1.
22 CHAIRMAN DOUGLASS: Section 5-a-1, would you please
23 read?
24 READING CLERK: Article IV, Section 5-a-1. The
25 Cabinet should be restructured; the Cabinet should be
1 appointed by the Governor.
2 CHAIRMAN DOUGLASS: All those in favor of moving that
3 forward, raise your hand.
4 (Whereupon, the vote was taken.)
5 CHAIRMAN DOUGLASS: It does move forward. Article
6 III, Section 5. Commissioner -- I think Commissioner
7 Alfonso was up first.
8 COMMISSIONER ALFONSO: Article IV, 5-a-1c.
9 CHAIRMAN DOUGLASS: All right. Would the reading
10 clerk read 5-a-1c?
11 READING CLERK: Article IV, Section 5-a-1c. If there
12 is to be a State Board of Education, the Commissioner of
13 Education must be an integral part of that board.
14 CHAIRMAN DOUGLASS: All those in favor of moving that
15 forward.
16 (Whereupon, the vote was taken.)
17 CHAIRMAN DOUGLASS: It moves forward. Now,
18 Commissioner Mathis was next I think.
19 COMMISSIONER MATHIS: I would like to move forward
20 Article IV, Section 5-a-b1 -- excuse me, Section 5-a-1b.
21 CHAIRMAN DOUGLASS: All right. Commissioner Mathis
22 moves 5-a-1b. Would the reading clerk please read?
23 READING CLERK: Article IV, Section 5-a-1b. Cabinet
24 should be composed of elected Governor, Attorney General,
25 and Chief Fiscal Officer. Retain certain Cabinet duties.
1 All other matters to be determined by statute.
2 All right. All in favor of moving that forward,
3 raise your hand, please.
4 (Whereupon, the vote was taken.)
5 CHAIRMAN DOUGLASS: It has it. All right,
6 Commissioner Mills.
7 COMMISSIONER MILLS: That was it.
8 CHAIRMAN DOUGLASS: Commissioner Nabors.
9 COMMISSIONER NABORS: Ms. Mathis did my work for me.
10 CHAIRMAN DOUGLASS: Speak into the microphone.
11 COMMISSIONER NABORS: Ms. Mathis did my work for me.
12 CHAIRMAN DOUGLASS: Okay. Does anybody have any
13 other items under IV or V? If not, we'll move to Section
14 4-6. Commissioner Langley.
15 COMMISSIONER LANGLEY: I would like to move Senator
16 Brochin's proposal, I-6-2.
17 CHAIRMAN DOUGLASS: Would the reading clerk, please
18 read I-6-2?
19 READING CLERK: Article IV, Section 6-2. Make the
20 five water management districts state agencies, which
21 would allow for their being subject to performance-based
22 budgeting, et cetera.
23 CHAIRMAN DOUGLASS: All right. All in favor of
24 moving that forward, raise your hand, please.
25 (Whereupon, the vote was taken.)
1 CHAIRMAN DOUGLASS: It does move forward. All right.
2 Article IV, Section 6.
3 COMMISSIONER ALFONSO: Mr. Chairman.
4 CHAIRMAN DOUGLASS: Commissioner Alfonso.
5 COMMISSIONER ALFONSO: I would like to move Article
6 IV-6-1.
7 CHAIRMAN DOUGLASS: All right. Would you read that?
8 READING CLERK: Article IV, Section 6-1. Repeal this
9 to the extent that a department may be placed under the
10 direct supervision of the Governor and Cabinet.
11 CHAIRMAN DOUGLASS: Okay. Does everybody understand
12 what that refers to? Can you tell us? It says repeal
13 this to the extent, what is "this"? I want to make sure
14 everybody knows what they are repealing -- or suggesting
15 to move forward.
16 COMMISSIONER ALFONSO: The reason we move that is
17 just we need to repeal that section in order to
18 incorporate that into the whole Cabinet reform. We want
19 to review that.
20 CHAIRMAN DOUGLASS: So that's the purpose of it, is
21 to make sure it goes forward for consideration with the
22 other item. All right.
23 Does everybody understand that? All in favor of
24 moving that forward, please raise your hand.
25 (Whereupon, the vote was taken.)
1 CHAIRMAN DOUGLASS: Moves forward. Article IV,
2 Section 6.
3 (No response.)
4 CHAIRMAN DOUGLASS: Article IV, Section 8.
5 (No response.)
6 CHAIRMAN DOUGLASS: Article IV, Section 9.
7 COMMISSIONER BARKDULL: Mr. Chairman.
8 CHAIRMAN DOUGLASS: Commissioner Barkdull.
9 COMMISSIONER BARKDULL: I'd like to revert to Article
10 IV, Section 8a.
11 CHAIRMAN DOUGLASS: All right.
12 COMMISSIONER BARKDULL: And ask that it go forward
13 because of an earlier one that we adopted.
14 CHAIRMAN DOUGLASS: I don't have an 8a. Does anybody
15 else have an 8a? The reading clerk and I don't have an
16 8a.
17 COMMISSIONER BARKDULL: All right. Make it Article
18 IV-8-1.
19 CHAIRMAN DOUGLASS: Would the reading clerk read
20 IV-8-1?
21 READING CLERK: Article V, Section 8-1. A person's
22 civil rights should be automatically restored upon the
23 completion of sentence and a subsequent time certain free
24 from arrest.
25 CHAIRMAN DOUGLASS: All right. All in favor of
1 moving that forward, raise your hand, please.
2 (Whereupon, the vote was taken.)
3 CHAIRMAN DOUGLASS: It does move forward. All right,
4 Article IV, Section 9.
5 (No response.)
6 CHAIRMAN DOUGLASS: All right. Move to Article IV,
7 Section 10 -- x, Section 10-x.
8 COMMISSIONER CORR: Mr. Chairman.
9 CHAIRMAN DOUGLASS: Commissioner Corr.
10 COMMISSIONER CORR: Thank you. X-9.
11 CHAIRMAN DOUGLASS: All right. Reading clerk read
12 x-9, please.
13 READING CLERK: Article IV, Section x-9. Abolish
14 water management districts.
15 CHAIRMAN DOUGLASS: All those in favor of that being
16 considered, raise your hand.
17 (Whereupon, the vote was taken.)
18 CHAIRMAN DOUGLASS: It fails. The Chair moves
19 Article IX (sic), Section x-10. Would you please read
20 that, please?
21 READING CLERK: Article IV, Section x-10. Place the
22 Public Service Commission in the executive branch.
23 CHAIRMAN DOUGLASS: All those in favor of that, raise
24 your hand, please.
25 (Whereupon, the vote was taken.)
1 CHAIRMAN DOUGLASS: It got it. All right. We move
2 to Article V unless there is more under Article IV before
3 we leave that.
4 (No response.)
5 CHAIRMAN DOUGLASS: All right. Article V, Judiciary,
6 Article V, Section 1.
7 (No response.)
8 CHAIRMAN DOUGLASS: Article V, Section 3.
9 (No response.)
10 CHAIRMAN DOUGLASS: Article V, Section 5.
11 (No response.)
12 CHAIRMAN DOUGLASS: Article V, Section 8.
13 Commissioner West.
14 COMMISSIONER WEST: I would like to move Article V,
15 Section 8-3b on the top left-hand corner.
16 CHAIRMAN DOUGLASS: All right. Would the reading
17 clerk read 8-3b?
18 READING CLERK: Article V, Section 8-3b. Amend
19 Art.V, s.8, relating to the qualifications for judges to
20 provide that judges do not have to be lawyers.
21 CHAIRMAN DOUGLASS: All of those in favor of moving
22 that forward, raise your hand, please.
23 (Whereupon, the vote was taken.)
24 CHAIRMAN DOUGLASS: It fails. Anymore in Article V,
25 Section 8? If not, we'll move to Article V, Section 10.
1 Commissioner Evans-Jones.
2 COMMISSIONER EVANS-JONES: I'd like to go back,
3 please, to IV-x-10a.
4 CHAIRMAN DOUGLASS: Okay. Let me see if I can find
5 it. Okay.
6 READING CLERK: Article IV, Section x-10a. Make the
7 Public Service Commission an elected body rather than
8 appointed.
9 CHAIRMAN DOUGLASS: All right. All in favor, raise
10 your hand.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: Raise your hand. You keep
13 raising them. It moves forward. I skipped Article V,
14 Section 6, I'm told by the Secretary so if anybody
15 wants -- and 7. So if anybody wants to move those, do so.
16 (No response.)
17 CHAIRMAN DOUGLASS: Article V, Section 8, we're on
18 now. Article V, Section 10. There's a lot of them in 10.
19 Commissioner Langley.
20 COMMISSIONER LANGLEY: Just so it will be before the
21 committee, I would like to move Article V, 10-a-4a, the
22 election of judges with public funds.
23 CHAIRMAN DOUGLASS: 10-a-4a, would the clerk please
24 read?
25 READING CLERK: Article V, Section 10-a-4a. Elect
1 judges with public funds.
2 CHAIRMAN DOUGLASS: All those in favor of moving that
3 forward, raise your hand, please.
4 (Whereupon, the vote was taken.)
5 CHAIRMAN DOUGLASS: All right. Come on now, let's
6 raise your hands if you're going to raise them. It has
7 it. Now it has it. We had to squeeze them a little bit,
8 Commissioner Langley. Anymore under Section V-10-a?
9 (No response.)
10 CHAIRMAN DOUGLASS: If not, we'll move to Section 12
11 of Article V.
12 (No response.)
13 CHAIRMAN DOUGLASS: Any under article -- yes,
14 Commissioner Evans.
15 COMMISSIONER EVANS: I would like to go back to
16 V-10-a-7 to move that.
17 CHAIRMAN DOUGLASS: All right. We're going back to
18 V-10-a-7. Would you please read?
19 READING CLERK: Article V, Section 10-a-7. Amend so
20 as to allow judicial candidates to take positions on
21 issues as these beliefs ultimately influence their
22 opinions.
23 CHAIRMAN DOUGLASS: All right. All in favor of
24 moving that forward, raise your hand.
25 (Whereupon, the vote was taken.)
1 CHAIRMAN DOUGLASS: Raise your hands. Is your hand
2 up, Commissioner Rundle? It's exactly ten with your hand
3 up. You've got to hold that hand up now.
4 COMMISSIONER SMITH: She made hers a roll call vote.
5 (Laughter.)
6 CHAIRMAN DOUGLASS: We wanted everybody to know that
7 you wanted to consider it, not that you were for it.
8 We're on Article V, Section 12, I believe.
9 (No response.)
10 CHAIRMAN DOUGLASS: All right. Article V-15. Yes,
11 Commissioner Barkdull.
12 COMMISSIONER BARKDULL: For housekeeping, I move
13 Article V-12-5.
14 CHAIRMAN DOUGLASS: Would you please read Article
15 12-5?
16 READING CLERK: Article V, Section 12-6. Technical
17 amendment to provide for the constitutional term of one of
18 the two new members of the Judicial Qualifications
19 Commission which was inadvertently omitted.
20 CHAIRMAN DOUGLASS: All in favor, raise your hand,
21 please.
22 (Whereupon, the vote was taken.)
23 CHAIRMAN DOUGLASS: It passes forward. We're still
24 on Article V. Now we'll go to Article V, Section 15.
25 (No response.)
1 COMMISSIONER BARTON: Article V, Section 16.
2 (No response.)
3 CHAIRMAN DOUGLASS: Article V, Section 17.
4 Commissioner Rundle, do you move that one? Did you read
5 it? All right. Article V, Section 18.
6 (No response.)
7 CHAIRMAN DOUGLASS: Article V, Section 19.
8 (No response.)
9 CHAIRMAN DOUGLASS: Article V, Section x.
10 Commissioner Mathis.
11 COMMISSIONER MATHIS: I'd like to propose Article V,
12 Section x-10.
13 CHAIRMAN DOUGLASS: X-10, please read.
14 READING CLERK: Article V, Section x-10. Pro se
15 litigants should be advised by the court regarding
16 nonconformance with a court rule, and be advised by the
17 court how to correct any nonconformance.
18 CHAIRMAN DOUGLASS: All right. All in favor of
19 moving that forward, please raise your hand.
20 (Whereupon, the vote was taken.)
21 CHAIRMAN DOUGLASS: Does not move forward. Article
22 V, Section x.
23 (No response.)
24 CHAIRMAN DOUGLASS: All right. We'll move to Article
25 VI, Suffrage and Elections. Article VI, Section 1.
1 Commissioner Smith.
2 COMMISSIONER SMITH: Yes, Mr. Chairman, I'd like to
3 have moved forward Article VI-1-2 for consideration.
4 CHAIRMAN DOUGLASS: All right. Would you read that,
5 please?
6 READING CLERK: Article VI, Section 1-2. A runoff
7 election should only be held when no candidate gets at
8 least 45 percent of the vote.
9 CHAIRMAN DOUGLASS: All in favor of moving that
10 forward, raise your hand, please.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: It does not move forward. All
13 right. We're still on Article VI, Section 1.
14 Commissioner Corr.
15 COMMISSIONER CORR: 1-3b.
16 CHAIRMAN DOUGLASS: 1-3b. Please read.
17 READING CLERK: Article VI, Section 1-3b. Allow
18 voting via the Internet.
19 CHAIRMAN DOUGLASS: All in favor of moving that
20 forward, raise your hand.
21 (Whereupon, the vote was taken.)
22 CHAIRMAN DOUGLASS: It does not move forward. For
23 Section 1, anymore, article -- excuse me Article VI,
24 Section 2.
25 (No response.)
1 CHAIRMAN DOUGLASS: Article VI, Section 5 -- Section
2 4, excuse me. Commissioner Ford-Coates.
3 COMMISSIONER FORD-COATES: I'd like to move Article
4 IV, Section 4-3a, which was presented by my law student.
5 CHAIRMAN DOUGLASS: Okay. Would the reading clerk
6 please read?
7 READING CLERK: Article VI, Section 4-3a. Delete
8 term limits for members of Congress. They have been held
9 unconstitutional.
10 CHAIRMAN DOUGLASS: All those in favor of moving that
11 forward, please raise your hand.
12 (Whereupon, the vote was taken.)
13 CHAIRMAN DOUGLASS: It moves forward. Article IV,
14 Section 4. Article IV, Section 5.
15 (No response.)
16 CHAIRMAN DOUGLASS: Section 5 -- VI, Section 5, I
17 can't read those Roman numerals. Article VI, Section 6.
18 (No response.)
19 CHAIRMAN DOUGLASS: Article VI, Section 7.
20 (No response.)
21 CHAIRMAN DOUGLASS: Article VI, Section x. And
22 there's a lot of those so take a little time.
23 Commissioner Corr.
24 COMMISSIONER CORR: Thank you, x-11.
25 CHAIRMAN DOUGLASS: X-11. Would the reading clerk
1 please read?
2 READING CLERK: Article VI, Section x-11. Prohibit
3 the use of general revenue to finance campaigns. Require
4 that contributions must come from individuals who are
5 electors qualified to vote for the candidate.
6 CHAIRMAN DOUGLASS: In favor of moving that forward,
7 raise your hand.
8 (Whereupon, the vote was taken.)
9 CHAIRMAN DOUGLASS: It fails. Commissioner Marshall.
10 COMMISSIONER MARSHALL: Mr. Chairman, I move VI-x-1.
11 CHAIRMAN DOUGLASS: VI-x-1, would you please read it?
12 Wait a minute, it's 1a.
13 COMMISSIONER MARSHALL: I understand, yes, thank you.
14 It's been moved.
15 CHAIRMAN DOUGLASS: Okay. Please read x-1a.
16 COMMISSIONER LANGLEY: The one he wanted is already
17 in.
18 COMMISSIONER MARSHALL: Mr. Chairman, I meant x-1 and
19 I understand it's been already moved.
20 CHAIRMAN DOUGLASS: Okay. I know it's not on the
21 special order. I think if everybody works off the special
22 order we'd be a lot better. Anymore -- excuse me,
23 Commissioner Corr.
24 COMMISSIONER CORR: Thank you. X-13.
25 CHAIRMAN DOUGLASS: Please read x-13.
1 READING CLERK: Article VI, Section x-13. Limit
2 campaign contributions to those who can vote for the
3 candidate.
4 CHAIRMAN DOUGLASS: All right. All in favor of
5 moving that forward, raise your hand.
6 (Whereupon, the vote was taken.)
7 CHAIRMAN DOUGLASS: It moves forward.
8 COMMISSIONER SUNDBERG: Mr. Chairman.
9 CHAIRMAN DOUGLASS: Commissioner Sundberg.
10 COMMISSIONER SUNDBERG: I'd like to move Article VI,
11 x-11a.
12 CHAIRMAN DOUGLASS: VI-x-11a?
13 COMMISSIONER SUNDBERG: Yes, sir.
14 CHAIRMAN DOUGLASS: Okay. All those in favor of
15 moving that forward, raise your hand, please. Oh, excuse
16 me, let's read it first. Read it, clerk.
17 READING CLERK: Article VI-x-11a. Only natural
18 citizens may make campaign contributions.
19 COMMISSIONER SMITH: Is that as opposed to natural
20 persons?
21 CHAIRMAN DOUGLASS: We'll take that up in committee.
22 All those in favor of moving this forward as a general
23 subject, raise your hand.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: It does move forward, and we'll
1 find out what it means. Commissioner Mathis.
2 COMMISSIONER MATHIS: I'd like to move forward
3 Article VI-x-16.
4 CHAIRMAN DOUGLASS: All right. Will the clerk please
5 read x-16?
6 READING CLERK: Article VI, Section x-16. Conduct
7 non-partisan elections.
8 CHAIRMAN DOUGLASS: All those in favor of moving that
9 forward, raise your hand, please.
10 (Whereupon, the vote was taken.)
11 CHAIRMAN DOUGLASS: It fails. Anymore under Article
12 VI-x?
13 COMMISSIONER SMITH: Mr. Chairman.
14 CHAIRMAN DOUGLASS: Commissioner Smith.
15 COMMISSIONER SMITH: Thank you. In an overly
16 abundance of caution to ensure that we deal with this
17 ballot access question, I'd like to move VI-a-2 -- I mean
18 VI-x-2.
19 CHAIRMAN DOUGLASS: VI-x-2. All right. Please read
20 x-2.
21 READING CLERK: Article VI, Section x-2. Remove
22 restrictions on ballot access including high filing fees,
23 access laws, and petitioning requirements.
24 CHAIRMAN DOUGLASS: All those in favor of moving that
25 forward, raise your hand, please.
1 (Whereupon, the vote was taken.)
2 CHAIRMAN DOUGLASS: It does move forward.
3 All right. Commissioner Corr.
4 COMMISSIONER CORR: Thanks. Just for fun, x-32.
5 CHAIRMAN DOUGLASS: X-32.
6 READING CLERK: Article VI, Section x-32. Require
7 that ballots must contain a category of "none of the
8 above" as a choice for each office. If no candidate
9 receives a majority, all who receive fewer votes than
10 "none of the above" are disqualified.
11 (Laughter.)
12 CHAIRMAN DOUGLASS: All in favor of "none of the
13 above," raise your hands.
14 (Whereupon, the vote was taken.)
15 CHAIRMAN DOUGLASS: It does not go forward. It was
16 close though. It was none of the above, sorry about that.
17 Commissioner Langley.
18 COMMISSIONER LANGLEY: Mr. Chairman, you know there
19 was actually a case where a guy tried -- had his name
20 legally changed to none of the above, he did, and tried to
21 run. They wouldn't let him run. But he actually had his
22 name changed to none of the above and wanted to run and
23 probably would have won.
24 CHAIRMAN DOUGLASS: I wonder if his wife concurred in
25 that, Mrs. None Of The Above, and his children, little
1 Johnny None Of The Above. That would have made one big
2 mess if he had gotten elected. All right. The First Lady
3 is none of the above.
4 (Laughter.)
5 CHAIRMAN DOUGLASS: Commissioner Evans.
6 COMMISSIONER EVANS: I move VI-x-29.
7 CHAIRMAN DOUGLASS: VI-x-29, would you please read?
8 READING CLERK: Article VI, Section x-29. Anyone who
9 signs a petition should be a registered voter.
10 CHAIRMAN DOUGLASS: All those in favor of considering
11 that, raise your hand.
12 (Whereupon, the vote was taken.)
13 CHAIRMAN DOUGLASS: It fails. Anymore under IV-x
14 (sic)? Commissioner Corr.
15 COMMISSIONER CORR: Let's try x-30 for $500.
16 (Laughter.)
17 CHAIRMAN DOUGLASS: Read x-30.
18 READING CLERK: Article VI, Section x-30. All
19 candidates should be listed on the ballot whether
20 challenged or not.
21 CHAIRMAN DOUGLASS: All those in favor of considering
22 that, raise your hand, please.
23 (Whereupon, the vote was taken.)
24 CHAIRMAN DOUGLASS: There is ten. Commissioner
25 Butterworth, in the general election, isn't that required
1 now?
2 COMMISSIONER BUTTERWORTH: I do not believe so. Many
3 House members who are not -- had no opposition or judges
4 no opposition so --
5 CHAIRMAN DOUGLASS: So this would be a change that
6 would require the name to be on the ballot so that they
7 could be contested by a write-in or whatever; is that
8 correct?
9 COMMISSIONER BUTTERWORTH: That would be up to the
10 various committees, how they want to handle the issue.
11 CHAIRMAN DOUGLASS: Well it is moving forward for
12 consideration but I just wondered. It used to be that
13 way. I guess it was changed somewhere in my youth.
14 COMMISSIONER BUTTERWORTH: 1845, sir.
15 (Laughter.)
16 CHAIRMAN DOUGLASS: That's about right. Commissioner
17 Barkdull and I are still looking for them on the list.
18 (Laughter.)
19 CHAIRMAN DOUGLASS: Anymore under VI-x? I kind of
20 hate to leave this one. VI-x, anymore?
21 (No response.)
22 CHAIRMAN DOUGLASS: All right. Article VII, Finance
23 and Taxation.
24 COMMISSIONER FREIDIN: Mr. Chairman.
25 CHAIRMAN DOUGLASS: Commissioner Freidin.
1 COMMISSIONER FREIDIN: At the presentation in Daytona
2 Beach, I found the proposal that is now numbered Article
3 VII-1-3 to be quite interesting and I would move it. Go
4 ahead.
5 CHAIRMAN DOUGLASS: Okay. Please read 1-3.
6 READING CLERK: Article VII, Section 1-3. Adopt a
7 unified tax structure, combining property, sales
8 intangible and income taxes. Set a ceiling on the
9 aggregate amount of the taxes a person would pay. Exempt
10 from the first $25,000.
11 CHAIRMAN DOUGLASS: All in favor of moving that
12 forward for consideration, raise your hand, please.
13 COMMISSIONER SMITH: We're a little behind you,
14 Mr. Chair. Thank you very much, Mr. Chairman.
15 CHAIRMAN DOUGLASS: Read it again, please.
16 READING CLERK: Article VII, Section 1-3. Adopt a
17 unified tax structure, combining property, sales,
18 intangible and income taxes. Set a ceiling on the
19 aggregate amount of taxes a person would pay. Exempt the
20 first $25,000.
21 CHAIRMAN DOUGLASS: Is this the man who was one of
22 the earlier presenters in Daytona Beach, was it the deaf
23 accountant that made this? I think he had a hearing
24 problem but he was very well spoken. Okay. Now I know
25 what you're talking about. All in favor of moving that
1 forward, please raise your hand.
2 (Whereupon, the vote was taken.)
3 CHAIRMAN DOUGLASS: All right, raise your hand. It
4 moves forward. Anymore under Article VII, Section 1?
5 (No response.)
6 CHAIRMAN DOUGLASS: Article VII, Section 2.
7 Commissioner Mills.
8 COMMISSIONER MILLS: VII-2-3.
9 CHAIRMAN DOUGLASS: Okay. Please read 2-3.
10 READING CLERK: Article VII, Section 2-3. Eliminate
11 the filing requirement on the first $5,000 on intangible
12 personal property. The cost of levy far exceeds the
13 revenues collected.
14 CHAIRMAN DOUGLASS: Okay. All in favor of
15 considering that, raise your hand.
16 (Whereupon, the vote was taken.)
17 CHAIRMAN DOUGLASS: It moves forward. Commissioner
18 Ford-Coates.
19 COMMISSIONER FORD-COATES: May I ask for a
20 clarification on what we just voted on because if I recall
21 correctly, I think that should be worded to exemption on
22 tangible personal property, not intangible, I believe.
23 CHAIRMAN DOUGLASS: I think that's correct. That's
24 what he proposed in Fort Meyers; was it not?
25 COMMISSIONER FORD-COATES: Which is basically the
1 proposal I moved in our last session.
2 CHAIRMAN DOUGLASS: I think that's right. I think
3 the intangible personal property tax -- well, this may be
4 a separate one, however. I don't recall but that would be
5 a separate one, we just -- we can consider it at the same
6 time. Okay. Let's move on. Article VII, Section 3.
7 COMMISSIONER MARSHALL: Mr. Chairman.
8 CHAIRMAN DOUGLASS: Commissioner Henderson.
9 COMMISSIONER HENDERSON: Good morning, Mr. Chairman.
10 I think we already moved forward the general concept on
11 municipal immunity and exemptions but the specific
12 provision is at VII-3-a-5.
13 CHAIRMAN DOUGLASS: 3-a-5, please read.
14 READING CLERK: Article VII, Section 3-a-5. Provide
15 that all property owned and used by a municipality shall
16 be immune from taxation if not on the tax rolls as of
17 December 1996. All property owned by a government entity
18 and used for public purposes may be exempted from taxation
19 by general law.
20 CHAIRMAN DOUGLASS: All right. Everybody in favor of
21 moving that forward for consideration, raise your hand
22 please.
23 (Whereupon, the vote was taken.)
24 CHAIRMAN DOUGLASS: Raise your hand. You got it. It
25 moves forward. We're still on Commissioner Marshall.
1 COMMISSIONER MARSHALL: Thank you, Mr. Chairman. I
2 would like to go back, if you please, to VII-2-1 and move
3 that.
4 CHAIRMAN DOUGLASS: VII-2-1.
5 READING CLERK: It has already been done.
6 CHAIRMAN DOUGLASS: We don't have VII-2-1. I want
7 somebody to give Commissioner Marshall one of these we're
8 working off of here. Anymore? Section (sic) VII --
9 Section 3 we were on. We now move to Section 4.
10 Commissioner Logan.
11 COMMISSIONER LOGAN: Yes, Mr. Chairman. I move
12 Article 4-3.
13 CHAIRMAN DOUGLASS: 4-3 is moved. Would you please
14 read?
15 READING CLERK: Article VII, Section 4-3. Authorize
16 partial-year property tax assessments.
17 CHAIRMAN DOUGLASS: All right. All those in favor of
18 moving 4-3 forward for consideration, raise your hand.
19 (Whereupon, the vote was taken.)
20 CHAIRMAN DOUGLASS: It does move forward.
21 Commissioner Freidin.
22 COMMISSIONER FREIDIN: I was a little slow there just
23 putting my hand down.
24 CHAIRMAN DOUGLASS: Oh, Commissioner Barkdull. We're
25 still on VII-4.
1 (No response.)
2 CHAIRMAN DOUGLASS: We'll move to VII-5.
3 (No response.)
4 CHAIRMAN DOUGLASS: VII-6.
5 (No response.)
6 CHAIRMAN DOUGLASS: Section VII-9. Commissioner
7 Mills.
8 COMMISSIONER MILLS: I move VII-9-1. I would move
9 that to committee so that Mr. Murley (phonetic) can come
10 and finally explain that to us.
11 CHAIRMAN DOUGLASS: We don't have a 1.
12 COMMISSIONER MILLS: VII-9-1.
13 CHAIRMAN DOUGLASS: You move the whole section?
14 Where are we? Oh, on the very bottom down there. All
15 right. I got you. Please read. If I would ask the
16 reading clerk, I'd be a lot better off I think.
17 READING CLERK: Article VII, Section 9-1. Allow for
18 variable or split tax, by which a local government could
19 impose a higher rate on land and a lower rate on
20 structures. This promotes better growth management,
21 limits urban sprawl, et cetera.
22 CHAIRMAN DOUGLASS: All right. All in favor of
23 moving that forward, please raise your hand.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: It fails. Anymore on --
1 Commissioner Nabors.
2 COMMISSIONER NABORS: Sir, I'd like to move
3 V-9-b-4 -- VII-9-b-4.
4 CHAIRMAN DOUGLASS: You're as bad as I am about
5 reading those Roman numerals. 9-b-4, please read.
6 READING CLERK: Article VII, Section 9-b-4. Remove
7 the two-year limitation on voter approval for exceeding
8 the 10 mill cap.
9 CHAIRMAN DOUGLASS: All those in favor of moving that
10 forward, please raise your hand.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: It fails. Commissioner Corr.
13 COMMISSIONER CORR: Thank you. 9-6.
14 CHAIRMAN DOUGLASS: Please read 9-6.
15 READING CLERK: Article VII, Section 9-6. Require
16 referendum before imposing special assessments.
17 CHAIRMAN DOUGLASS: All those in favor of moving it
18 forward, raise your hands.
19 (Whereupon, the vote was taken.)
20 CHAIRMAN DOUGLASS: It fails. Commissioner
21 Henderson.
22 COMMISSIONER HENDERSON: VII 9-b-5. Equal
23 opportunity for Water Management Districts.
24 CHAIRMAN DOUGLASS: VII-9-B-5, please read.
25 READING CLERK: Article VII, Section 9-b-5. Remove
1 the cap on the ad valorem taxing ability of the Northwest
2 Florida Water Management District. The cap of .05 mills
3 is not sufficient to meet the District's needs.
4 CHAIRMAN DOUGLASS: All those in favor of moving that
5 forward, raise your hand.
6 (Whereupon, the vote was taken.)
7 CHAIRMAN DOUGLASS: It does not move forward.
8 Commissioner Corr.
9 COMMISSIONER CORR: Thank you. 9-6a.
10 CHAIRMAN DOUGLASS: Please read.
11 READING CLERK: Article VII, Section 9-6a. Add: The
12 total of all assessments, fees or taxes levied on the
13 property by each county, special district, municipal or
14 school board taxing authority in the aggregate shall not
15 exceed a combined rate of more than 3 percent (thirty
16 mills) as elsewhere mandated by the Florida Constitution.
17 CHAIRMAN DOUGLASS: All those in favor of moving that
18 forward, raise your hand please.
19 (Whereupon, the vote was taken.)
20 CHAIRMAN DOUGLASS: It does not move. Commissioner
21 Mills.
22 COMMISSIONER MILLS: Mr. Chairman, can I return to
23 VII-4-4? It seems like the right time to do something to
24 lower taxes.
25 CHAIRMAN DOUGLASS: No speeches.
1 COMMISSIONER MILLS: Just an explanation.
2 CHAIRMAN DOUGLASS: VII-4.
3 COMMISSIONER MILLS: VII-4-4. It's back to Section
4 IV.
5 CHAIRMAN DOUGLASS: Would you read VII-4-4?
6 READING CLERK: Article VII, Section 4-4. Provide a
7 conservation tax exemption to promote the protection of
8 natural lands by private landowners.
9 CHAIRMAN DOUGLASS: All right. All in favor of
10 moving that forward, please raise your hand.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: It does move forward.
13 Commissioner Anthony.
14 COMMISSIONER ANTHONY: Mr. Chairman, I would move
15 Article VII, 9-2.
16 CHAIRMAN DOUGLASS: Article VII, 9-2. Would you
17 please read?
18 READING CLERK: Article VII, Section 9-2. Fiscal
19 home rule should be established for all local governments;
20 that is remove any prohibitions placed on local government
21 taxing authority.
22 CHAIRMAN DOUGLASS: All of those in favor of that
23 moving forward, raise your hand.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: Doesn't pass. The local
1 government representatives voted for it. Commissioner
2 Anthony.
3 COMMISSIONER ANTHONY: Mr. Chairman, I'd like to move
4 Article VII, Section 9-4.
5 CHAIRMAN DOUGLASS: 9-4, would you please read?
6 READING CLERK: Article VII, Section 9-4. Cities
7 should be able, with voter approval, to levy any tax that
8 can be levied by the state.
9 CHAIRMAN DOUGLASS: All of those in favor of that
10 moving forward, raise your hand.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: Does not move. Commissioner
13 Anthony, you're on a roll.
14 COMMISSIONER ANTHONY: Yes, I sure am, downward,
15 Mr. Chairman. I would like to move Article VII-9-5.
16 CHAIRMAN DOUGLASS: Would you read VII-9-5.
17 READING CLERK: Article VII, Section 9-5. City
18 residents should not be taxed by counties to provide
19 municipal-type services to those in unincorporated areas.
20 CHAIRMAN DOUGLASS: All of those in favor of moving
21 that forward, raise your hand.
22 (Whereupon, the vote was taken.)
23 CHAIRMAN DOUGLASS: It does not move. Commissioner
24 Logan.
25 COMMISSIONER LOGAN: Mr. Chairman, I move VII-9-a-4b.
1 CHAIRMAN DOUGLASS: VII-9-a-4b. All right. Would
2 you please read it?
3 READING CLERK: Article VII, Section 9-a-4b.
4 Establish a stable revenue source for school construction,
5 particularly for facilities for community colleges and
6 public universities.
7 CHAIRMAN DOUGLASS: All of those in favor of moving
8 that forward, please raise your hand.
9 (Whereupon, the vote was taken.)
10 CHAIRMAN DOUGLASS: It does not move. All right,
11 we're still on Section VII-9. Anything else anybody else
12 wants to move in Section VII-9? Commissioner Anthony.
13 COMMISSIONER ANTHONY: Yes, sir, Mr. Chairman,
14 Article VII-9-7.
15 CHAIRMAN DOUGLASS: VII-9-7?
16 COMMISSIONER ANTHONY: Yes.
17 CHAIRMAN DOUGLASS: All right. Would you please
18 read, reading clerk?
19 READING CLERK: Article VII, Section 9-7, Authorize a
20 municipal occupational license tax without limitations or
21 restrictions.
22 CHAIRMAN DOUGLASS: All of those in favor of moving
23 that forward, you want to move out of the city? All in
24 favor of moving it forward move it forward, vote yes.
25 (Whereupon, the vote was taken.)
1 CHAIRMAN DOUGLASS: It fails. All right, we're still
2 on 9. Anymore, Commissioner Anthony?
3 COMMISSIONER ANTHONY: Not at this second.
4 CHAIRMAN DOUGLASS: Okay. Article VII, Section 10.
5 (No response.)
6 CHAIRMAN DOUGLASS: Okay. Our Assistant Secretary
7 feels very sorry for you, Commissioner Anthony.
8 (Laughter.)
9 CHAIRMAN DOUGLASS: Article X -- Article VII, Section
10 12.
11 COMMISSIONER MARSHALL: Mr. Chairman.
12 CHAIRMAN DOUGLASS: Commissioner Marshall.
13 COMMISSIONER MARSHALL: Could I ask your indulgence?
14 CHAIRMAN DOUGLASS: Yes, sir.
15 COMMISSIONER MARSHALL: Go back to VII -- let's see,
16 the one about supporting municipal stadiums with tax
17 dollars, VII-10-1.
18 CHAIRMAN DOUGLASS: VII-10-1, okay. Would you please
19 read that?
20 READING CLERK: Article VII, Section 10-1. Clearly
21 specify whether and the extent to which tax dollars may be
22 spent with the government's credit pledged to aid and
23 economically assist private entities, such as professional
24 sports teams.
25 CHAIRMAN DOUGLASS: All right. All in favor of
1 considering that and moving it forward, raise your hand
2 please.
3 (Whereupon, the vote was taken.)
4 CHAIRMAN DOUGLASS: It does move forward. See, you
5 really recovered that, Commissioner Marshall. All right.
6 We're on number -- where was I, No. 12.
7 (No response.)
8 CHAIRMAN DOUGLASS: All right, how about 13, we'll
9 move to 13.
10 (No response.)
11 CHAIRMAN DOUGLASS: Article VII, Section 15.
12 (No response.)
13 CHAIRMAN DOUGLASS: Article VII, Section 18.
14 Commissioner Anthony.
15 COMMISSIONER ANTHONY: I'd like to move Article VII,
16 Section 18-2.
17 CHAIRMAN DOUGLASS: All right. Would you read that,
18 please?
19 READING CLERK: A mandate should fulfill a
20 "compelling state interest" not simply an "important state
21 interest."
22 CHAIRMAN DOUGLASS: All in favor of moving that
23 forward, raise your hand please.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: They are beginning to feel sorry
1 for you, they are just going up all over the place. You
2 have got it. You got it. Nobody is for it, but they
3 really want to move it forward.
4 (Laughter.)
5 CHAIRMAN DOUGLASS: All right. Section -- we're
6 still on 18. I was going to ask Commissioner Langley to
7 explain to us what a mandate is, or should we wait on
8 that? Anymore on Section 18?
9 (No response.)
10 CHAIRMAN DOUGLASS: All right, VII, Section x.
11 Commissioner Zack.
12 COMMISSIONER ZACK: Mr. Chairman, I move seven
13 VII-x-6.
14 CHAIRMAN DOUGLASS: VII-x-6, would you please read
15 it?
16 READING CLERK: Article VII-x-6. Supports a
17 constitutional amendment that would prohibit taxing food
18 and medicine.
19 CHAIRMAN DOUGLASS: All in favor of moving that
20 forward raise your hand.
21 (Whereupon, the vote was taken.)
22 CHAIRMAN DOUGLASS: Did you count Commissioner Scott?
23 SECRETARY BLANTON: Yes.
24 (Laughter.)
25 SECRETARY BLANTON: No, I didn't.
1 CHAIRMAN DOUGLASS: Incidentally, Commissioner Scott
2 down here is here, y'all just don't know he's here.
3 SECRETARY BLANTON: And voting.
4 CHAIRMAN DOUGLASS: And voting, yes, indeed. All
5 right that one did move forward, as a matter of fact,
6 without Commissioner Scott's vote. We're on Section x of
7 Article VII. Commissioner Langley.
8 COMMISSIONER LANGLEY: Mr. Chairman, if you could
9 revert back to Article VII, Section 18-5 has to do with
10 the same Commissioner Anthony on the mandates.
11 CHAIRMAN DOUGLASS: Please read 18-5.
12 READING CLERK: Article VII, Section 18-5. Amend to
13 expand the definition of unfunded mandates to included
14 agency actions and rules that impose a financial impact
15 upon local government.
16 CHAIRMAN DOUGLASS: All of those in favor of moving
17 that forward, please raise your hand.
18 (Whereupon, the vote was taken.)
19 CHAIRMAN DOUGLASS: It does move forward. All right,
20 we're still on Article VII, and we're down to 6-x. And
21 there's quite a few on the next page. Commissioner
22 Ford-Coates.
23 COMMISSIONER FORD-COATES: I'd like to move VII-x-14.
24 CHAIRMAN DOUGLASS: VII-x-14, would you please read
25 it?
1 READING CLERK: VII-x-14. Prohibit the expenditure
2 of funds derived from sources relating to the
3 registration, operation, or use of vehicles, or to fuels,
4 for purposes other than the costs of highway and bridge
5 construction, maintenance and repair, traffic enforcement,
6 and administrative costs. (Would not apply to funds
7 currently diverted for other purposes under the
8 constitution).
9 CHAIRMAN DOUGLASS: All right. All in favor of
10 moving that forward, please raise your hand.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: It does not move forward.
13 Anything further under Article VII? Anybody need to go
14 back and pick one up before we leave it? Commissioner
15 Barkdull, I recognize you for the purpose of asking for a
16 recess, a break.
17 COMMISSIONER BARKDULL: Mr. Chairman, I would suggest
18 that we take a recess until 11:10.
19 CHAIRMAN DOUGLASS: All right, all in favor say aye.
20 (Unanimous aye.)
21 CHAIRMAN DOUGLASS: We'll take a recess and we'll
22 convene sharply at 11:10.
23 (Brief recess.)
24 SECRETARY BLANTON: All visitors please leave the
25 chambers. All commissioners indicate your presence.
1 (Quorum taken and recorded electronically.)
2 SECRETARY BLANTON: We have a quorum, Mr. Chairman.
3 CHAIRMAN DOUGLASS: Thank you. Come to order,
4 please. I'd like to begin this section, if all of the
5 Commissioners would take their seats, please. Thank you.
6 I'd like to introduce to you one of Florida's icons of
7 many things. And I'm sure he's been called a lot of other
8 things, but he's truly an icon of Florida government. He
9 served on the 1968 Constitution Revision Commission. He
10 was one of the few nonlawyers that graced that group.
11 And he's also served as Speaker of the Florida House.
12 He's served as the Commissioner of Education, and has been
13 greatly involved in education and many other things in
14 Florida, including the Constitution for many years. It's
15 my pleasure to welcome with us today the Honorable Frank
16 Turlington of Alachua County, former Commissioner of
17 Education and a member of this body.
18 (Applause.)
19 CHAIRMAN DOUGLASS: We appreciate your coming. All
20 right, we'll move on.
21 Now we are -- I believe we stopped and we were on
22 Article VIII. Local Government is our next subject, so
23 we'll start with Article VIII, Section 1. Commissioner
24 Riley.
25 COMMISSIONER RILEY: I'd like to move forward 1-d-3.
1 CHAIRMAN DOUGLASS: 1-d-3, would you please read?
2 READING CLERK: Article VIII, Section 1-d-3.
3 Elections for county commission, sheriff, tax collector
4 and clerk of the court should be non-partisan.
5 CHAIRMAN DOUGLASS: All right. All of those in favor
6 of moving that forward, please raise your hand.
7 (Whereupon, the vote was taken.)
8 CHAIRMAN DOUGLASS: It does move forward. Article
9 III, Section 1. Commissioner Nabors.
10 COMMISSIONER NABORS: Mr. Chairman, I'd like to move
11 Article VIII-1-f-1.
12 CHAIRMAN DOUGLASS: Article --
13 COMMISSIONER NABORS: VIII-1-f-1.
14 CHAIRMAN DOUGLASS: Would you please read that?
15 READING CLERK: Article VIII, Section 1-f-1. Amend
16 to read: Counties not operating under county charters
17 shall have such power of self government not inconsistent
18 with general law or with special law approved by vote of
19 the electors.
20 CHAIRMAN DOUGLASS: All right. All in favor of
21 moving that forward, raise your hand.
22 (Whereupon, the vote was taken.)
23 CHAIRMAN DOUGLASS: It moves forward. Commissioner
24 Mathis.
25 COMMISSIONER MATHIS: Excuse me, Mr. Chair, last time
1 we were informed that the proposals by the LCIR had not
2 been officially passed by that organization. Has that
3 changed since our last meeting in September, or do I have
4 that right?
5 SECRETARY BLANTON: They submitted some. So the ones
6 shown as not withdrawn they have not.
7 CHAIRMAN DOUGLASS: Okay, they met -- they submitted
8 some of them. And the ones that are shown as not
9 withdrawn are here. The ones that are withdrawn are shown
10 as withdrawn. So they didn't approve all of the things
11 that they had originally sent us. Anymore under Article
12 VIII, Section 1?
13 (No response.)
14 CHAIRMAN DOUGLASS: Article VIII, Section 2.
15 Commissioner Ford-Coates.
16 COMMISSIONER FORD-COATES: I'd like to move Article
17 VIII-2-a-2.
18 CHAIRMAN DOUGLASS: Would you please read?
19 READING CLERK: Article VIII, Section 2-a-2. Remove
20 language that allows the Legislature to abolish a city
21 without due process or just cause.
22 CHAIRMAN DOUGLASS: All right. Would all in favor of
23 moving that forward, please raise your hand.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: It fails. All right, we're still
1 on Article VIII, Section 2. Commissioner Mills, did you
2 have your hand up? You were just waving? Commissioner
3 Ford-Coates.
4 COMMISSIONER FORD-COATES: I'll try again. Article
5 VIII-2-a-2a.
6 CHAIRMAN DOUGLASS: Would you please read
7 VIII-2-a-2a.
8 READING CLERK: Article VIII, Section 2-a-2a. Amend
9 Article VIII, s.2(a) to require that municipalities may
10 only be established by special law and abolished upon an
11 affirmative vote of the electorate of municipalities.
12 CHAIRMAN DOUGLASS: All of those in favor of moving
13 that forward, raise your hand please.
14 (Whereupon, the vote was taken.)
15 CHAIRMAN DOUGLASS: It fails. Anymore under Section
16 2?
17 (No response.)
18 CHAIRMAN DOUGLASS: If not, we'll move to Section 4
19 of Article VIII.
20 (No response.)
21 CHAIRMAN DOUGLASS: Article VIII, Section 5. Excuse
22 me, Commissioner Anthony.
23 COMMISSIONER ANTHONY: I would like to move Article
24 VIII, Section 4-2-a.
25 CHAIRMAN DOUGLASS: 4-2-a, would you please read it?
1 READING CLERK: Article VIII, Section 4-2-a.
2 Establish a Government Efficiency, Accountability and
3 Reform Commission to involve local governments in coming
4 together to work out plans for the delivery of services,
5 and allow certain things, including access to a revenue
6 source, subject to the vote of the people.
7 CHAIRMAN DOUGLASS: All in favor of moving that
8 forward, raise your hand please.
9 (Whereupon, the vote was taken.)
10 CHAIRMAN DOUGLASS: It fails. Okay, Commissioner
11 Rundle.
12 COMMISSIONER RUNDLE: Mr. Chairman, I would like to
13 move Article VIII, Section 5-1.
14 CHAIRMAN DOUGLASS: Section 5-1, please read.
15 READING CLERK: Article VIII, Section 5-1. Give
16 counties the local option regarding the sale of firearms
17 and ammunition.
18 CHAIRMAN DOUGLASS: All of those in favor of moving
19 that forward, please raise your hand.
20 (Whereupon, the vote was taken.)
21 CHAIRMAN DOUGLASS: All right. Everybody got their
22 hand up. No, you can't vote. Counting this vote we had
23 ten, right? Try again. Everybody raise your hands, we'll
24 count them again. We now have it. It does go forward.
25 Commissioner Rundle, you were fixing that vote on us.
1 I noticed you were visiting with those young ladies during
2 the recess. All right. Article VIII, Section 9.
3 (No response.)
4 CHAIRMAN DOUGLASS: Article VIII, Section x.
5 (No response.)
6 CHAIRMAN DOUGLASS: Okay. We'll move on to Article
7 IX, Education, Section 1. Article IX, Section 1.
8 Commissioner Marshall.
9 COMMISSIONER MARSHALL: Mr. Chairman, thank you. I
10 move IX-4-a-2.
11 CHAIRMAN DOUGLASS: Well, you're on the wrong page
12 again.
13 COMMISSIONER MARSHALL: I am?
14 CHAIRMAN DOUGLASS: I don't think we have 4-a-2. I
15 think we already did it, didn't we, last time? It's
16 already been moved forward.
17 COMMISSIONER MARSHALL: I can't find it on --
18 CHAIRMAN DOUGLASS: I don't find it on the special
19 order calendar. Do you find it?
20 SECRETARY BLANTON: Yes, it was moved previously.
21 CHAIRMAN DOUGLASS: It was moved previously.
22 Commissioner Marshall, it was moved previously. It's
23 already been moved forward.
24 COMMISSIONER MARSHALL: Thank you.
25 CHAIRMAN DOUGLASS: Why don't one of y'all get
1 Commissioner Marshall one of these special order forms.
2 COMMISSIONER MARSHALL: That may be a sizable task,
3 Mr. Chairman, but since I'm on feet, could I move
4 IX-4-a-3?
5 CHAIRMAN DOUGLASS: That one you have moved and we'll
6 now have it read.
7 READING CLERK: Article IX, Section 4-a-3. School
8 board member elections should be non-partisan.
9 CHAIRMAN DOUGLASS: All right. All of those in favor
10 of moving that one forward, raise your hands please.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: It does move forward. All right.
13 Commissioner Riley.
14 COMMISSIONER RILEY: Like to move forward IX-2-2.
15 CHAIRMAN DOUGLASS: Please read.
16 READING CLERK: Article IX, Section 2-2. Make the
17 State Board of Education a separate entity from the
18 Cabinet to be appointed by the Governor. Give the State
19 Board of Education the power to appoint the Education
20 Commissioner.
21 CHAIRMAN DOUGLASS: IX-2-2. All right. All in favor
22 of moving that forward for consideration, raise your hand
23 please.
24 (Whereupon, the vote was taken.)
25 CHAIRMAN DOUGLASS: It does move. We're still on
1 Article IX, Section 4. Commissioner Marshall.
2 COMMISSIONER MARSHALL: I move IX-4-2.
3 CHAIRMAN DOUGLASS: IX-4-2, please read.
4 READING CLERK: Article IX, Section 4-4. Amend to
5 eliminate the pay for school board members, limiting to
6 only reimbursement for related expenses.
7 CHAIRMAN DOUGLASS: All right. All in favor of
8 considering that further, raise your hand.
9 (Whereupon, the vote was taken.)
10 CHAIRMAN DOUGLASS: It fails. All right. We're
11 still on Section 4. Commissioner Mathis.
12 COMMISSIONER MATHIS: I'd like to propose Article IX,
13 Section 4-a-3a.
14 CHAIRMAN DOUGLASS: 4-a-3a, would you please read it?
15 READING CLERK: Article IX, Section 4-a-3a. County
16 wide voting for school board elections has a
17 discriminatory effect and should not be allowed.
18 CHAIRMAN DOUGLASS: All in favor, raise your hand.
19 (Whereupon, the vote was taken.)
20 CHAIRMAN DOUGLASS: It does move forward.
21 Commissioner Mills.
22 COMMISSIONER MILLS: Article IX, Section 1-2a.
23 CHAIRMAN DOUGLASS: 1-2a.
24 READING CLERK: Article IX, Section 1-2a. Amend to
25 state that public education is a fundamental right.
1 CHAIRMAN DOUGLASS: All right. All in favor of
2 considering that further, raise your hand.
3 (Whereupon, the vote was taken.)
4 CHAIRMAN DOUGLASS: It does move forward. All right.
5 We're still on Article IX. Section x, Article IX, Section
6 x. Commissioner Alfonso.
7 COMMISSIONER ALFONSO: Mr. Chairman, I would like to
8 move Article IX, Section x-8.
9 CHAIRMAN DOUGLASS: Say again.
10 COMMISSIONER ALFONSO: Article IX, Section x-8.
11 CHAIRMAN DOUGLASS: X-8, please read.
12 READING CLERK: Article IX, Section x-8. Create a
13 base level of funding and a formula for funding education
14 which cannot be altered by the Legislature.
15 CHAIRMAN DOUGLASS: Okay. All in favor of
16 considering that further, raise your hand please.
17 (Whereupon, the vote was taken.)
18 CHAIRMAN DOUGLASS: It does not get the necessary
19 votes. Still on Section x. Commissioner Marshall.
20 COMMISSIONER MARSHALL: Mr. Chairman, I move IX-x-3.
21 CHAIRMAN DOUGLASS: We've already done that one.
22 COMMISSIONER MARSHALL: Mr. Chairman --
23 CHAIRMAN DOUGLASS: But you are picking ones that we
24 all voted for.
25 COMMISSIONER MARSHALL: Do I not see that that one
1 failed to receive ten votes and therefore is eligible for
2 reconsideration?
3 CHAIRMAN DOUGLASS: Where do you see that? It's not
4 on my calendar. What you'll have to do, Commissioner
5 Marshall, is move to reconsider the vote by which it
6 failed at the last meeting, failed to receive the votes.
7 It was actually voted on and didn't get ten votes. The
8 others that are on here were not voted on. There was no
9 --
10 COMMISSIONER MARSHALL: Mr. Chairman, if I understood
11 Commissioner Barkdull's instructions earlier to me we had
12 the privilege of doing that; is that not the case?
13 CHAIRMAN DOUGLASS: No, no, you just move to
14 reconsider the vote by which it failed at the last
15 meeting.
16 COMMISSIONER MARSHALL: Thank you. I so move.
17 CHAIRMAN DOUGLASS: All right. There has been a
18 motion to reconsider the vote, by which and what was it?
19 You will have to let the clerk read it please. It didn't
20 receive ten votes at the last meeting; it's not on the
21 special order and would require a motion to reconsider the
22 vote by which it failed. It would have to be moved by
23 someone who voted with the majority, would it not?
24 SECRETARY BLANTON: It was a showing of hands.
25 CHAIRMAN DOUGLASS: Well, we couldn't tell. A
1 showing of hands, anybody can do it, you are absolutely
2 right. Okay. We have got a motion to reconsider the vote
3 by which x-3 failed to receive ten votes at the last
4 meeting. Commissioner Langley.
5 COMMISSIONER LANGLEY: How many votes is it going to
6 take to -- on the motion to reconsider?
7 CHAIRMAN DOUGLASS: Majority votes.
8 COMMISSIONER LANGLEY: Which is 21 votes. I would
9 suggest it would be a lot easier if Commissioner Marshall
10 would file his own proposal.
11 CHAIRMAN DOUGLASS: It certainly would. It takes a
12 majority vote to reconsider.
13 COMMISSIONER MARSHALL: Mr. Chairman, I'm looking now
14 at your calendar at x-3a.
15 CHAIRMAN DOUGLASS: Okay. You want to move the x-3a
16 language?
17 COMMISSIONER MARSHALL: No action taken, does that
18 mean --
19 CHAIRMAN DOUGLASS: That means that it wasn't voted
20 on at all, nobody moved it.
21 COMMISSIONER MARSHALL: So, what option does that
22 leave me, Mr. Chairman?
23 CHAIRMAN DOUGLASS: The best option is to do what
24 Commissioner Langley suggested, file the one you want as
25 your own proposal, and then it will be sent directly to
1 committee. All right.
2 COMMISSIONER MARSHALL: We'll do that, Mr. Chairman.
3 CHAIRMAN DOUGLASS: Do you have another one you want
4 to move?
5 COMMISSIONER MARSHALL: I do, sir, and it is -- I do
6 not, it's already been moved. Thank you.
7 CHAIRMAN DOUGLASS: All right. We're on x now, we're
8 on Article IX, Section x. Does anybody want to move --
9 Commissioner Mathis.
10 COMMISSIONER MATHIS: I would like to move Article
11 IX-x-10.
12 CHAIRMAN DOUGLASS: IX-x-10, would you please read?
13 READING CLERK: Article IX, Section x-10. It shall
14 be a paramount and fundamental obligation of the State of
15 in Florida to provide sufficient funding to ensure
16 adequate access for the citizens of this state to a
17 quality system of public schools and community colleges.
18 CHAIRMAN DOUGLASS: All right. All in favor of
19 considering that further, please raise your hand.
20 (Whereupon, the vote was taken.)
21 CHAIRMAN DOUGLASS: It fails. Anymore under x?
22 (No response.)
23 CHAIRMAN DOUGLASS: If not, we'll move on to Article
24 X, Miscellaneous, Section 1.
25 (No response.)
1 CHAIRMAN DOUGLASS: Section 2. Commissioner Langley.
2 COMMISSIONER LANGLEY: Yes, sir, I'd like to propose
3 x-2-b. I think we did something very similar to this
4 before. That's the question about the guard being able to
5 court-martial people.
6 CHAIRMAN DOUGLASS: I believe we did last time.
7 COMMISSIONER LANGLEY: In case it's not inclusive.
8 CHAIRMAN DOUGLASS: So you're moving this one too,
9 x-2-b?
10 COMMISSIONER LANGLEY: Yes.
11 CHAIRMAN DOUGLASS: All in favor of considering this
12 further, please raise your hand.
13 (Whereupon, the vote was taken.)
14 CHAIRMAN DOUGLASS: It fails. We're still on -- now
15 let's go to Section 3 under Article X.
16 (No response.)
17 CHAIRMAN DOUGLASS: Article X, Section 4. Okay.
18 There are several there, Commissioner Alfonso.
19 COMMISSIONER ALFONSO: Mr. Chairman, I'd like to go
20 back a minute just -- I'd like to propose something just
21 for consideration, and that's Article IX-x-9.
22 CHAIRMAN DOUGLASS: IX-x-9, all right. Would you
23 read that?
24 READING CLERK: Article IX, Section x-9. Strengthen
25 local control over school boards and superintendents
1 modeled after the home rule powers of municipalities and
2 counties.
3 CHAIRMAN DOUGLASS: All right. All in favor of
4 considering that further, raise your hand.
5 (Whereupon, the vote was taken.)
6 CHAIRMAN DOUGLASS: It fails. All right. We're on
7 X, Section 4 of Article X.
8 (No response.)
9 CHAIRMAN DOUGLASS: Article X. Excuse me,
10 Commissioner Rundle.
11 COMMISSIONER RUNDLE: Mr. Chairman, just a point of
12 clarification. Article X-4-a-6, I assume it's embraced in
13 the provision that passed at X-4-a-2?
14 CHAIRMAN DOUGLASS: You'll have to judge that.
15 COMMISSIONER RUNDLE: To be on the safe side, I'd
16 like to then X-4-a-6.
17 CHAIRMAN DOUGLASS: All right, a-6, read.
18 READING CLERK: Article X, Section 4-a-6. Provide an
19 exception to homestead protection to allow forfeiture in
20 the case of criminal activity.
21 CHAIRMAN DOUGLASS: All in favor of considering that
22 further, raise your hand.
23 (Whereupon, the vote was taken.)
24 CHAIRMAN DOUGLASS: It fails -- oh, one down here I
25 didn't see, I missed one. It does, it passes just barely.
1 All right. Anymore under Section 4? Commissioner Mills.
2 COMMISSIONER MILLS: Mr. Chairman, this might be a
3 clarification too. I thought that we had a "for sale"
4 issue that was preserved. If not, 4-a-6a, this is the
5 limit on the homestead exemption for creditors.
6 CHAIRMAN DOUGLASS: I don't think that got enough
7 votes, did it, last time? You can move it anyway.
8 COMMISSIONER MILLS: This one then as a specific
9 limit, I guess.
10 CHAIRMAN DOUGLASS: Do you move it?
11 COMMISSIONER MILLS: Yes, I move it.
12 CHAIRMAN DOUGLASS: All right. Read it, please.
13 READING CLERK: Article X, Section 4-a-6a. Provide a
14 limit such as $150,000 or $200,000 on the homestead
15 exemption from a forced sale.
16 CHAIRMAN DOUGLASS: All in favor, raise your hand for
17 considering it further.
18 (Whereupon, the vote was taken.)
19 CHAIRMAN DOUGLASS: It does get the necessary ten
20 votes. Commissioner Henderson.
21 COMMISSIONER HENDERSON: Mr. Chairman, X-4-c-1, I
22 never understood it in law school, I never understood it
23 practicing law and it gives me great pleasure to move to
24 eliminate it.
25 CHAIRMAN DOUGLASS: If you don't understand it, how
1 are we going to understand it?
2 All right, read it please, 4-c-1.
3 READING CLERK: Article X, Section 4-c-1. The
4 prohibition against devising a homestead if the devisee is
5 survived by a spouse or minor children should be
6 eliminated.
7 CHAIRMAN DOUGLASS: All of those in favor of moving
8 it forward, raise your hand. I know what that means, it
9 means it is a pretty important little thing. In case you
10 don't know, I'll see you after the meeting. It gets ten
11 votes because I guess nobody understands it, Commissioner
12 Thompson. You just might as well eliminate homestead.
13 Commissioner Mathis.
14 COMMISSIONER MATHIS: I would like to propose Article
15 X-4-1.
16 CHAIRMAN DOUGLASS: X-4-1.
17 READING CLERK: Article X, Section 4-1. Add a new
18 paragraph (d): No person shall be deprived of homestead
19 for failure to pay property taxes or fines imposed for
20 violation of local codes. A fine for violation of a local
21 code relating to homestead property, shall not exceed
22 5 percent of the assessed value of the homesteaded
23 property.
24 CHAIRMAN DOUGLASS: All right. All in favor of
25 considering that further, raise your hand.
1 (Whereupon, the vote was taken.)
2 CHAIRMAN DOUGLASS: It fails. Section 6.
3 Commissioner Corr.
4 COMMISSIONER CORR: Thank you, Mr. Chairman, I would
5 move 6-3.
6 CHAIRMAN DOUGLASS: 6-3, please read.
7 READING CLERK: Article X, Section 6-3. Add:
8 Property shall be assumed to be taken for purposes of this
9 provision if a government action diminishes the value or
10 use of any discrete property interest by more than 20
11 percent of such value or use, demonstrated by a qualified
12 appraisal.
13 CHAIRMAN DOUGLASS: 6-3-a, is that the one you moved?
14 COMMISSIONER SMITH: Just 6-3.
15 CHAIRMAN DOUGLASS: Okay. All in favor of
16 considering that further, raise your hand.
17 (Whereupon, the vote was taken.)
18 CHAIRMAN DOUGLASS: It fails. All right, the next --
19 anybody got one on -- we are on --
20 COMMISSIONER CORR: Could you please count again?
21 CHAIRMAN DOUGLASS: We counted them, there was nine.
22 SECRETARY BLANTON: Well, one was a page.
23 CHAIRMAN DOUGLASS: We don't count pages.
24 COMMISSIONER SMITH: Someone counted ten.
25 COMMISSIONER RILEY: She was voting for me.
1 CHAIRMAN DOUGLASS: We don't allow that now. I don't
2 want to have this happen again. It's all right to have
3 pages sit where they are sitting now. In future meetings
4 they are going to sit where pages sit and we're not going
5 to allow voting by people who are not members of the
6 Commission by raising their hands or any of these other
7 things.
8 COMISSIONER THOMPSON: Put me down as ten.
9 CHAIRMAN DOUGLASS: Okay. That would be ten with
10 Commissioner Thompson. It does go forward. All right.
11 We're still on Article 10, Section 6. Commissioner
12 Mathis.
13 COMMISSIONER MATHIS: Article X, Section 6-a-3.
14 CHAIRMAN DOUGLASS: 6-a-3.
15 READING CLERK: Article X, Section 6-a-3. Add: The
16 use of private property may be regulated to the extent
17 reasonably necessary to protect the public health, safety,
18 welfare and morals, provided, that when gubinatorial (sic)
19 action denies the owner of real property an economically
20 viable use of all or any portion of the property, which
21 use is not subject to restraint as a common law nuisance
22 or criminal activity, such governmental action constitutes
23 a taking of private property, which shall entitle the
24 owner to full compensation for the loss in fair market
25 value of the owner's interest resulting from the
1 gubinatorial (sic) action.
2 CHAIRMAN DOUGLASS: I think he mispronounced the word
3 governmental and called it gubinatorial, it's --
4 governmental is the correct word. All in favor of moving
5 that forward, please raise your hand, 6-a-3.
6 (Whereupon, the vote was taken.)
7 CHAIRMAN DOUGLASS: It fails. Anymore under 6,
8 Section 6, Article X, Section 6?
9 (No response.)
10 CHAIRMAN DOUGLASS: If not we'll move to Article X,
11 Section 7.
12 (No response.)
13 CHAIRMAN DOUGLASS: Section 10.
14 (No response.)
15 CHAIRMAN DOUGLASS: Section 11.
16 (No response.)
17 CHAIRMAN DOUGLASS: Section 13. Commissioner Zack.
18 COMMISSIONER ZACK: Mr. Chairman, last time we passed
19 X-13-2, which was to eliminate the cap on the waiver of
20 sovereign immunity. We then have under X-13-3, abolish
21 sovereign immunity, which to me is the exact same thing.
22 But I guess we would need a ruling from the Chair. Also
23 contained in the original motion, I would assume, would
24 also apply to X-13-2a, which is to increase the cap on
25 sovereignty immunity and adjust for inflation dollars.
1 I think that X-13-2a and X-13-3 is contained within
2 X-13-2 that has been previously adopted, but out of an
3 abundance of caution I want a ruling from the Chair.
4 CHAIRMAN DOUGLASS: I would point out that if any of
5 those go forward for consideration everything you
6 mentioned is subject to being considered, and individuals
7 are probably going to have proposals on this subject that
8 will go to the committee. So I don't think it's necessary
9 to do it again --
10 COMMISSIONER ZACK: Thank you.
11 CHAIRMAN DOUGLASS: -- unless you just want to.
12 Because I think it's already there for consideration.
13 COMMISSIONER ZACK: Thank you, Mr. Chairman.
14 CHAIRMAN DOUGLASS: I think all the sovereign
15 immunity subjects on tort liability would be covered in
16 the previous item. Anymore?
17 (No response.)
18 CHAIRMAN DOUGLASS: All right. Article X, Section
19 14.
20 (No response.)
21 CHAIRMAN DOUGLASS: Article X, Section 15.
22 Commissioner Riley.
23 COMMISSIONER RILEY: I would like to put forward
24 15-2.
25 CHAIRMAN DOUGLASS: 15-2, please read.
1 READING CLERK: Article X, Section 15-2. Provide
2 that lottery dollars must not supplement education funds
3 and should be used only to enhance education funding.
4 CHAIRMAN DOUGLASS: All right. Everybody that wants
5 to move that forward for further consideration raise your
6 hand please.
7 (Whereupon, the vote was taken.)
8 CHAIRMAN DOUGLASS: It does go forward. We're still
9 on Section 15. Anymore?
10 (No response.)
11 CHAIRMAN DOUGLASS: Section 16.
12 (No response.)
13 CHAIRMAN DOUGLASS: Section x.
14 (No response.)
15 CHAIRMAN DOUGLASS: Okay. We'll move to Article XI,
16 Amendments, Section 1.
17 (No response.)
18 CHAIRMAN DOUGLASS: Section 2. I think we do that,
19 we have got at least one citizen from the middle, lower
20 middle and lower economic class levels, whatever that is.
21 Raise your hand if you're in the lower class.
22 (Many hands raised.)
23 (Laughter.)
24 CHAIRMAN DOUGLASS: See, what did I tell you.
25 (No response.)
1 CHAIRMAN DOUGLASS: All right, Article XI, Section 3.
2 Didn't we have one on -- that we adopted -- go ahead,
3 Commissioner Nabors. I was thinking there was one on here
4 that we had already done something similar to it.
5 COMMISSIONER NABORS: I'd like to move down the line
6 to Article XI, Section 3-19, really for consideration in
7 the, generally, in the Legislative amendment concept. I'd
8 like to move that as a concept.
9 CHAIRMAN DOUGLASS: All right. Please read Section
10 3-19.
11 READING CLERK: Article XI, Section 3-19. Protect
12 home rule authority from statewide voter initiatives.
13 CHAIRMAN DOUGLASS: All in favor of considering that
14 further, raise your hand.
15 (Whereupon, the vote was taken.)
16 CHAIRMAN DOUGLASS: It fails. The one I was asking
17 about, it seemed to me that we had something that did,
18 3-2-b or something similar to it was involved in one of
19 the ones we passed last time. Not that exact language.
20 But, Commissioner Sundberg, you have something to move?
21 COMMISSIONER SUNDBERG: Mr. Chairman, I would like to
22 move Article XI-3-2c. This was presented at the Fort
23 Myers meeting by, I cannot recall, he is a sitting member
24 of the Legislature that requires that it be from -- the
25 signatures be gathered from all of the congressional
1 districts and not just half, as is now the provision.
2 CHAIRMAN DOUGLASS: Okay, that's 3-2c. Would you
3 read that, please?
4 READING CLERK: Article XI, Section 3-2c. Amend the
5 second sentence to read, it may be invoked by filing with
6 the Secretary of State a petition containing a copy of the
7 proposed revision or amendment, signed by a number of
8 electors of the state equal to 8 percent of the votes cast
9 in each congressional district of the state respectively
10 in the last preceding election in which presidential
11 electors were chosen.
12 CHAIRMAN DOUGLASS: All right. All in favor of
13 moving that forward, please raise your hand.
14 (Whereupon, the vote was taken.)
15 CHAIRMAN DOUGLASS: It goes forward. We are still on
16 Section 3. There are a lot of them. Commissioner
17 Barkdull, you were up a minute ago.
18 COMMISSIONER BARKDULL: Mr. Chairman, Commissioner
19 Sundberg took care of my problem.
20 CHAIRMAN DOUGLASS: Okay. Commissioner Zack.
21 COMMISSIONER ZACK: Certain that we are all looking
22 on the same page, on XI-3-3, which was to provide for
23 statutory initiatives, that was approved at the last
24 meeting.
25 CHAIRMAN DOUGLASS: That's correct.
1 COMMISSIONER ZACK: And I am with the understanding
2 that that would include a number of these other initiative
3 issues that would be addressed during the course of that
4 discussion. Again, would you like a specific proposal as
5 to, for example, XI-3-2? If you think that's necessary,
6 I'll move that. If not, it's contained within the other
7 initiatives' issues that were passed previously, I won't
8 burden us with anymore proposals.
9 CHAIRMAN DOUGLASS: It's my recollection that the
10 issues that passed on the both -- well, statutory
11 initiative and the constitutional initiative were
12 sufficient to cover just about anything that we heard at
13 the previous -- the subsequent public hearings.
14 COMMISSIONER ZACK: I understand the ruling of the
15 Chair, thank you.
16 CHAIRMAN DOUGLASS: I think that would be correct,
17 unless the rules chairman and rules committee thinks
18 otherwise. Now some of these might not have been
19 included, like the tax and some of the financial things
20 that are on here. I don't know, but they certainly could
21 be considered by the committee when they take the others
22 up. I do question if 3-23 was included, Commissioner
23 Zack. Commissioner Smith.
24 COMMISSIONER SMITH: Thank you, Mr. Chair. I'd like
25 to propose XI-3-21a as a form of discussion and move it
1 forward, not necessarily related to the number of years in
2 there.
3 CHAIRMAN DOUGLASS: Okay. Would you read 3-21a?
4 READING CLERK: Article 11, Section 3-21a. After one
5 period of defeat following a vote resulting from the
6 petition process, a moratorium will be in effect for a
7 period of not less than six years for that particular
8 subject matter.
9 CHAIRMAN DOUGLASS: All right. All of those in favor
10 of moving that forward, please raise your hand.
11 (Whereupon, the vote was taken.)
12 CHAIRMAN DOUGLASS: It does move forward. Are there
13 anymore? I think to be safe, I would move 3-23 for
14 further consideration.
15 READING CLERK: Article 11, Section 3-23. Establish
16 a Constitution Initiative Commission to hold public
17 hearings on initiatives. A negative vote by the
18 commission would require passage of the initiative by an
19 extraordinary vote.
20 CHAIRMAN DOUGLASS: All of those in favor, raise your
21 hand.
22 (Whereupon, the vote was taken.)
23 CHAIRMAN DOUGLASS: It failed. Section 5.
24 Commissioner Rundle.
25 COMMISSIONER RUNDLE: Mr. Chairman, I think it is
1 covered, but just to, again, be on the safe side, Article
2 XI, Section 3-20.
3 CHAIRMAN DOUGLASS: 3-20, please read.
4 READING CLERK: Article 11, Section 3-20. Amend to
5 allow the Supervisor of Elections for each county to do a
6 random signature check on all initiative petitions. Also
7 provide that petitions that must be checked name by name
8 be submitted to Supervisor at least 151 days in advance of
9 the election and that petitions that may be checked by
10 random sampling be provided at least 121 days prior to the
11 general election.
12 CHAIRMAN DOUGLASS: Okay. All in favor of
13 considering that further, please raise your hand.
14 (Whereupon, the vote was taken.)
15 CHAIRMAN DOUGLASS: It goes forward. Okay, Article
16 XI, Section 5.
17 (No response.)
18 CHAIRMAN DOUGLASS: Article 11, Section 6.
19 Commissioner Riley.
20 COMMISSIONER RILEY: Mr. Chairman, on 5, 5-b-1.
21 CHAIRMAN DOUGLASS: 5-b-1, please read that.
22 READING CLERK: Article XI, Section 5-b-1. Repeal
23 the notice requirement in this section. The cost of
24 publishing is not justified, there are more effective and
25 far less expensive means of public distribution.
1 CHAIRMAN DOUGLASS: All in favor of moving that
2 forward, please raise your hand.
3 (Whereupon, the vote was taken.)
4 CHAIRMAN DOUGLASS: It fails. We go to Section 6.
5 Commissioner Barkdull.
6 COMMISSIONER BARKDULL: Mr. Chairman, I'd like to
7 move Article XI, Section 6-1.
8 CHAIRMAN DOUGLASS: 6-1, Please read.
9 READING CLERK: Article 11, Section 6-1. Repeal the
10 Taxation and Budget Reform Commission.
11 CHAIRMAN DOUGLASS: All in favor of considering that
12 further, raise your hand.
13 (Whereupon, the vote was taken.)
14 (Whereupon, the vote passed.)
15 CHAIRMAN DOUGLASS: Okay. Article XI, Section 6,
16 there's one more there.
17 (No response.)
18 CHAIRMAN DOUGLASS: Article XII, Schedule, Article
19 XII, Section 9. Didn't we cover that on a couple of
20 things last time, Commissioner Henderson, that you moved?
21 COMMISSIONER HENDERSON: We covered that in the
22 general section and some is going to be heard by
23 committee, but as long as I'm up, because it wasn't --
24 it's fallen out of that, I'd move XII-x-2.
25 CHAIRMAN DOUGLASS: XII-x-2, all right. XII-x-2,
1 would you please read it?
2 READING CLERK: Article XII, Section x-2. Establish
3 a rigorous and consistent process governing the sale,
4 lease, or use of state conservation lands that will limit
5 their use for purposes other than those for which they
6 were purchased.
7 CHAIRMAN DOUGLASS: All right. Does everyone
8 understand that? If you want to move it forward for
9 consideration, raise your hand please.
10 (Whereupon, the vote was taken.)
11 CHAIRMAN DOUGLASS: Okay, raise them up again.
12 There's about 15, I think.
13 (Whereupon, the vote was retaken.)
14 CHAIRMAN DOUGLASS: Yes, it does go forward. All
15 right. Commissioner Riley.
16 COMMISSIONER RILEY: Mr. Chairman, point of
17 clarification. 9-1 passed the last time we met, did it
18 not?
19 CHAIRMAN DOUGLASS: We had two or three P2000 things
20 for consideration that was included within what we passed,
21 that item.
22 COMMISSIONER RILEY: Okay.
23 CHAIRMAN DOUGLASS: All right. Now, before we leave
24 this, Madam Secretary, is there anything further that we
25 missed?
1 SECRETARY BLANTON: No, but she's right, that exact
2 language on 9-1 was passed previously.
3 CHAIRMAN DOUGLASS: Yes, it was passed. All right.
4 If you've got anything now, bring it up on the public
5 hearing material because we're -- from now on these will
6 not be carried forward, only those items that got ten
7 votes will be carried forward. Now, there's nothing that
8 will prevent the individual commissioners from introducing
9 their own matters.
10 I would like to say one thing before we break for
11 lunch. Lunch in the member's lounge. And the members
12 first and then the 5th grade will join us after we go in
13 for our lunch. That's immediately following. We are
14 going to come back, not this afternoon in here, I don't
15 believe, but we are -- before we get to that, Commissioner
16 Barkdull, I would like to say this one thing.
17 As we completed the public hearing phase of our work,
18 I can't tell you how very, very diligent those of you that
19 attended these worked, and I can't tell you what an
20 impression it made on those people that spent the time to
21 come and be heard and to speak to you. And your interest
22 and your continuing interest was something that was
23 greatly appreciated.
24 The other thing that I have found about this group,
25 that I'm very proud of and proud to be Chairman for that
1 reason, is that this is a group that's committed to doing
2 the correct thing without reference to our prior political
3 connections, our prior and present political connections,
4 but we are attempting, as a group, and every person in
5 this group I think fits this mode, to respect each other's
6 opinion and to consider all of the things that are brought
7 before us to try to come up with whatever we proposed to
8 the people being truly an effort on our part to reach the
9 right result. This is one of the most unselfish political
10 groups that I've ever been associated with. And, of
11 course, it is political because we were appointed by a
12 process provided by the Constitution.
13 And it is a great privilege on my part to work with
14 people that are dedicated and are civil with each other
15 and are willing to disagree agreeably and carry this
16 matter to its final conclusion. I look forward to our
17 debates beginning at which time we will test our ability
18 to do that on many occasions, and when we get through I
19 think we'll be as close a group or closer than we are now.
20 So with that, I'll ask the head of the rules committee to
21 rise and address us.
22 COMMISSIONER BARKDULL: Mr. Chairman and members of
23 the commission, one announcement. The rules committee
24 will meet immediately upon adjournment to take up the
25 conflict of interest rule, the one that has been submitted
1 by Commissioner Hawkes and to consider further how we
2 should handle a conflict of interest matter. That meeting
3 will occur in Room 309, which I believe is immediately
4 under this room. I would now move, sir, that we recess.
5 CHAIRMAN DOUGLASS: Before you do that, I overlooked
6 a very important item. There has been awarded awards to
7 those who attended every public hearing. And you'd be
8 surprised who they are and how many there are. The first
9 one, if you would come and take this from the Secretary,
10 is Commissioner Thomas H. Barkdull, Jr., who made every
11 single one.
12 Commissioner Barbara Williams Ford-Coates.
13 Commissioner William Clay Henderson. Commissioner John F.
14 Lowndes. And we are going to give you a separate one for
15 Mrs. Lowndes because I think she attended every meeting
16 too. And that's right, I used his watch, we'll have to
17 give him a particular award.
18 And Commissioner Mathis. Commissioner Zack.
19 Commissioner Rundle who skipped out -- no, there she is,
20 she skipped back.
21 Commissioner Riley. Commissioner Morsani who is
22 holding public hearings today in Turkey and he couldn't be
23 with us, so he was excused. And Commissioner John Lester
24 Mills. I think it's a great accomplishment that you were
25 able to do that and it means a lot to the success or
1 failure of this Commission. Commission Barkdull, you are
2 now recognized to proceed.
3 COMMISSIONER BARKDULL: Mr. Chairman and members of
4 the commission, you see on your schedule that there is a
5 potential of a session at 8:00 tomorrow morning. We do
6 not have a great amount of business to be considered at
7 that session so I am going to recommend that we recess
8 until the hour of 8:45 tomorrow morning, which will be
9 probably be a very short session and then you will go back
10 into your committee meetings.
11 CHAIRMAN DOUGLASS: All right, we will entertain a
12 motion that we will recess until 8:45 tomorrow morning.
13 The committee sessions will be this afternoon and tomorrow
14 morning there can be announcements made concerning other
15 matters that could come up during the day tomorrow and
16 Wednesday. All in favor of that, let's go to lunch, if
17 you are, by rising.
18 (Session adjourned at 12:15 p.m.)
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1 CERTIFICATE
2
3 STATE OF FLORIDA:
4 COUNTY OF LEON:
5
WE, KRISTEN L. BENTLEY and MONA L. WHIDDON, Court
6 Reporters, certify that we were authorized to and did
stenographically report the foregoing proceedings
7 and that the transcript is a true and complete
record of our stenographic notes.
8
9 DATED this ______ day of ____________, 1997.
10
11 _________________________________
KRISTEN L. BENTLEY
12
13
_________________________________
14 MONA L. WHIDDON
COURT REPORTERS
15 DIVISION OF ADMINISTRATIVE HEARINGS
1230 APALACHEE PARKWAY
16 TALLAHASSEE, FLORIDA 32399-3060
(850) 488-9675
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