Constitution Revision Style and Drafting Committee

Proposals Referred to Style & Drafting Committee

TO: Style and Drafting Committee

FROM: Chairman Jon L. Mills

RE: Proposals referred to committee through February 26, 1998 Session

The following proposals referred to the committee have been grouped as proposed amendments. This grouping is for discussion purposes only. After each proposal is the Commission's vote.

AMENDMENT ___
Technical/Non-controversial Items

Proposal 4 (Court Martial actions)(Langley) Provides the Department of Military Affairs with the explicit authority to impose sentences of imprisonment and other penalties associated with court-martial actions.
VOTE: 26-0

*Proposal 8-eng. (Gubernatorial Vetoes)(Barkdull) This gives the governor a longer period to review bills that are passed by the legislature and presented after the session has adjourned. Currently, the governor has 15 days to determine whether to sign, veto or allow the bill to become law without his or her signature. This proposal would extend that to 30 days.
VOTE: 21-9

Proposal 25 (Appeal of court martial action)(Langley) Provides that appeals of court martial actions may be made directly to the First District Court of Appeal rather than first to the commander, then to the Adjutant General, and then to the District Courts of Appeal.
VOTE: 28-1

*Proposal 32-eng. (Voting Age)(Ford-Coates) A technical amendment which reflects that the voting age is 18, not 21, as required by federal law and current practice.
VOTE: 31-0

Proposal 35 (Ethics Commission)(Freidin) This is merely a technical change, which moves the requirement now in Article III that there be a code of ethics for public officers and employees to Article II, where all of the other ethics provisions appear.
VOTE: 32-0

*Proposal 37 (Gender-neutral Constitution)(Freidin) This proposal is a matter of editing the constitution to replace gender-specific language with gender-neutral language.
VOTE: 25-2

Proposal 44 (Advisory Opinions)(Langley) Provides that the Florida Supreme Court and the district courts of appeal may seek advisory opinions relating to military law from the Federal Court of Appeals for the Uniform Services.
VOTE: 30-0

*CS/Proposals 112/124 (Tangible personal property)(Ford-Coates & Mills) Allows for a county-option to exempt certain tangible personal property (appurtenances to mobile homes and appliances, furniture and fixtures in residential rental facilities of ten or fewer units), as provided by law.
VOTE: 28-1

CS/Proposal 133 (72-hour rule)(Scott) clarifies that the 72-hour cooling off period for an appropriations act occurs after the receipt of the conference report not when each house initially passes the proposal.
VOTE: 31-0

Proposal 153 (JQC)(Barkdull)Corrects the schedule to conform with the text of Article V, section 12 relating to judicial qualifications commissions. Specifically, the schedule omitted one of the four members of the bar of Florida while the actual text of the Constitution provides for four members of the Florida Bar.
VOTE: 31-0

*Proposal 179-eng.2 (Legislature-Veto)(Thompson) Sets in session at which a gubernatorial veto may be considered. Limits application of the 72-hour rule on availability of the legislative budget to the conference report.
VOTE: 32-0

AMENDMENT __
Personal Rights

*Proposal 2-eng. (Equal opportunity)(Sundberg) providing for citizens to enjoy equal opportunity to employment, housing, public accommodations, public education.
VOTE: 21-10

Proposal 5 (National Origin)(Planas) Adds "national origin" to the list of protected classes.
VOTE: 28-0

Proposal 11-eng. (Equal Rights)(Freidin) "All natural persons" as used in Article I, Section 2 to describe those entitled to equality before the law, is expanded to state "All natural persons, female and male alike."
VOTE: 20-11

CS/Proposal 14 (Physical Disability)(Freidin) The term "physical handicap" used in the protected classes set out in Art. I, s. 2 is changed to "physical disability."
VOTE: 29-1

Proposal 58-eng. (Age)(Zack) Providing that the right to recover in an action for personal injury or death may not be denied because of age.
VOTE: 19-4

Proposal 187-eng. (Free Exercise Clause)(Connor) Imposes compelling interest test for any burden upon the free exercise of religion, even if the burden results from a rule of general applicability.
VOTE: 18-7

AMENDMENT ____
Elections

*CS/Proposal 16 (Public Campaign Finance)(Douglass) Ensures a program of campaign spending limitations in statewide elections, and necessarily, a system of public financing of those campaigns.
VOTE: 18-12

*CS/Proposal 79-eng.2 (Ballot Access)(Freidin) Ensures that requirements for candidacy for public office cannot be greater for minor party candidates or independent candidates than they are for candidates of major parties. This is clearly an issue brought forth by the public in the course of our hearings. Currently there are substantially greater burdens placed on candidates not running as a major party candidates.
VOTE: 28-1

Proposal 128-eng. (Primary Elections)(Ford-Coates) Declares that if a primary election is, in effect, the general election, all voters would have the opportunity to vote in that election. That is, if all candidates for an office represent the same political party and the winner will have no opposition in the general election, it will be considered the general election.
VOTE: 15-14

*Proposal 149-eng.2 (Election of governor)(Scott) Providing for the candidate for the office of governor to run without a lieutenant governor candidate.
VOTE: 25-3

Proposal 155 (Apportionment)(Scott) Providing for the Legislature to apportion the state into single-member senatorial districts of contiguous territory and single-member representative districts of contiguous territory.
VOTE: 29-2

Proposal 158-eng. (School Districts)(Marshall) Provides for non-partisan elections for school board members.
VOTE: 21-6

*C/S for Proposals 172 and 162 (Apportionment)(Thompson and Evans-Jones) Providing for an independent apportionment commission.
VOTE: 19-12

AMENDMENT ___
Environment

*CS/Proposals 36 and 38-eng. (Environmental Bill of Rights)(Henderson) Provides a right to clean and healthful air and water and providing for the abatement of pollution and noise.
VOTE: 17-5

*CS/CS/Proposal 45-eng. (Unification)(Henderson) Unification of the Game and Fresh Water Fish Commission and the Marine Fisheries Commission. Similar to a ballot initiative; however, the Commission has had the opportunity to more specifically clarify exactly what duties are transferred and to ensure that certain operations are subject to the APA.
VOTE: 23-0

*CS/Proposal 64-eng. (Revenue Bonds)(Nabors) This proposal provides for state bonds pledging all or part of a dedicated state tax revenue or the full faith and credit of the state for certain uses as provided by general law.
VOTE: 24-1

CS/Proposal 102 (Disposition of land)(Henderson) Requires an extraordinary vote of the cabinet in order to dispose of conservation lands.
VOTE: 18-4

Proposal 135-eng. (Conservation easements)(Henderson) Allows a local option tax exemption for owners of land used for conservation purposes.
VOTE: 23-0

AMENDMENT ___
Education

Proposal 40-eng. (dividing school districts)(Marshall) Authorizes certain counties to be divided into more than one school district.
VOTE: 17-10

CS/Proposal 157-eng. (Education)(Mills) Defines "adequacy" as it relates to education and provides that it means "efficient, safe, secure and high quality."
VOTE: 26-1

*Proposal 181-eng.(Education is a fundamental right)(Brochin) Provides that every child has a fundamental right to public education during primary and secondary years.
VOTE: 19-5

*CS/Proposal 166 (State Board of Education)(Riley) Establishes a State Board of Education appointed by the Governor, subject to Senate confirmation. The Commissioner of Education is to be appointed by the State Board.
VOTE: 22-3

AMENDMENT ____
Article V Issues

*CS/Proposal 66-eng.2 (Opt-in/opt-out)(Wetherington) Provides for merit selection and retention of Florida's circuit court judges on a circuit-by-circuit "opt-in" basis and Florida's county court judges on a county-by-county "opt-in" basis. The proposal provides for a two-step approval process. First, the constitutional amendment authorizing an "opt-in" system of merit selection and retention would have to be approved on a statewide vote. Assuming that the vote is favorable, the second step involves a vote at the circuit and county level. The proposal also provides a mechanism for counties and circuits to opt-out of the merit selection system.
VOTE: 24-7

AMENDMENT____
Crime and Punishment

Proposal 24-eng. (STOP)(Rundle and Butterworth) Codifies that statutory provision that prisoners will serve a minimum 85% of their term.
VOTE: 17-14

*Proposal 167-eng.(Local option/firearms)(Rundle) Providing for the electors of a county to regulate the possession, purchase, and sale of firearms; providing that a county may not prohibit the possession, purchase, and sale of firearms and ammunition.
VOTE: 20-9

AMENDMENT_____
Tax and Budget

*CS/Proposals 49, 103 & 185 eng.2 (Taxation of government property/leaseholds)(Anthony) Revising the requirements for exempting municipally owned property; allowing the Legislature to exempt from taxation property owned by a municipality or special district and used for airport, seaport, or public purposes, as defined by law.
VOTE: 28-2

AMENDMENT ____
Local Government

*CS/Proposals 31 & 55-eng.2 (Article V Costs)(Sundberg) Providing for salaries, costs, and expenses of the judiciary, state attorneys, public defenders, and clerks of the circuit court, and their respective staffs, to be funded from state revenues appropriated by general law. Providing for counties to fund the cost of construction, maintenance, utilities, and security of facilities for the judiciary, public defenders, state attorneys, and clerks of the circuit court, and their respective staffs.
VOTE: 30-0

*Proposal 96.eng (Ex Parte Communications)(Nabors) This proposal is designed to overturn case law which has imposed the Executive (Article IV) parte communications rule to governing boards of local governments when they are sitting in a quasi-judicial capacity, such as in zoning determinations.
VOTE: 22-7

AMENDMENT ____
Executive Branch Reform

*CS/Proposal 159, 163 and 182 eng.2 (Cabinet Reform) (Mathis) Decreases the size of the cabinet to include the Attorney General and the Chief Financial Officer. The Chief Financial Officer is given the duties of the Comptroller and the Treasurer. Includes an appointed State Board of Education, which would appoint the Commissioner of Education.
VOTE: 24-7

*Proposal 168 eng.4 (25 Executive Departments)(Corr) This relates to the 25-executive department limitation now in the constitution. This proposal basically states that we do mean it. The legislature cannot simply call an executive entity something other than a department to avoid this limitation.
VOTE: 22-6

AMENDMENT ___
Article XI - Amendments

Proposal 123-eng.2 (Taxation & Budget Reform Commission)(Barkdull) Repeals the Taxation and Budget Reform Commission.
VOTE: 20-9

*Proposal 152 (CRC-Time Extension)(Barkdull) Extend the time that future constitution revision commissions would have to file their recommendations with the secretary of state. Currently, any proposals must be filed 180 days prior to the general election - this year that is May 5. The proposals would require that these proposal be filed 90 days prior to the general election, giving the commission more time for its lengthy workload, and allows avoiding interference with the legislative session.
VOTE: 29-0

AMENDMENT ___
Sovereign Immunity

Proposal 59.eng (Sovereign Immunity)(Zack) Allows claimants to submit tort claims against the state in excess of the limited waiver of sovereign immunity to arbitration and in such cases, the waiver of sovereign immunity is increased to $500,000, or as increased by general law.
VOTE: 17-4