On September 25, 1997, the Constitution Revision Commission considered approximately 300 public proposals. The following represents those proposals that received the requisite votes and will be referred to the appropriate committees: |
Article I, Declaration of Rights
General Concept |
Scott |
Access to courts regardless of age. |
General Concept |
Scott |
Equality based on gender, age, or sexual preference. |
General Concept |
Scott |
Right of privacy versus parental authority. |
General Concept |
Scott |
Affirmative action. |
General Concept |
Scott |
Decisions of the U.S. Supreme Court relating to the Fourth Amendment. |
General Concept |
Scott |
Limitations on forfeiture of property. |
General Concept |
Scott |
Private property rights. |
Zack |
Amend Art. I, s. 2, in pertinent part, to read: ... No person shall be deprived of any right because of race, religion, age or physical handicap. |
|
I-2-1b |
Connor |
Include protection of the unborn. |
Riley |
Amend Art. I, s. 2 to read: ... No person shall be deprived of any right because of race, religion, gender, sexual orientation or physical handicap. |
|
Freidin |
Amend Art. I, s. 2 to read: ... No person shall be deprived of any right because of race, religion, gender, or physical handicap. |
|
Freidin |
Amend Art. I, s. 2, striking the word "handicap" and substituting the word "disability" to conform with the Americans with Disabilities Act. |
|
Sundberg |
Add the following: The citizens of the State of Florida shall enjoy equal opportunity to employment, housing, public accommodations, public education, and other benefits of citizenship, except where otherwise provided by law. Additionally, the State, i ts agencies, political subdivisions, municipalities, counties, public colleges and universities, community colleges, school districts, special districts, authorities and other government instrumentalities, are authorized to take actions necessary to remed y the present effects of past discrimination in the areas of housing, employment, public accommodations, public education, the purchase of goods and services and the expenditure of public funds. |
|
I-5-1 |
Connor/Riley |
Amend Art. I, s. 5 to read: Rights to assemble and associate. The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievance. The rights of electoral participation and political association are fundamental; any law burdening their exercise is subject to strict judicial scrutiny for legitimacy regarding ends and means, and must be supported by clear and convincing evidence. Political choices and competition are primary interests of the citizenry. |
Sundberg |
Amend Art. I, s. 9 to read: No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense or be compelled in any criminal matter to be a witness against himself. Private property may be forfeited only after felony conviction of, and exhaustion of appeals by the property owner. |
|
I-15-a-1b |
Barnett |
Add language to protect against the death penalty being imposed arbitrarily and capriciously. Imposition of the death penalty should require a unanimous jury recommendation for death. |
Langley |
Amend Art. I, s. 18 to read: No administrative agency except the Department of Military Affairs in an appropriately convened Court-Martial action, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. |
|
Riley/Connor |
Amend Art. I, s. 19 to read: No person charged with crime shall be compelled to pay costs before a judgment of conviction has become final. A person not found guilty of a crime shall not be assessed fees or costs to recover property seized as eviden ce or otherwise held, impounded, or stored by the government. |
|
Friedin |
Amend Art. I, s. 21 to read: The courts shall be open to every person for redress of any injury, without regard to the age of the litigants, and justice shall be administered without sale, denial or delay. |
|
Rundle |
Add: A putative father in a paternity suit does not have the right to trial by jury. |
|
Zack |
Prohibit the sale of personal data on individuals from databases without written consent of the concerned individual. |
|
I-23-11a |
Morsani |
Expand the privacy provision as it relates to information that can be obtained from computers. |
Riley |
Allow the use of marijuana for medical purposes. Allow physicians to prescribe cannabis to certified patients. |
|
Rundle |
Criminals must serve at least 85% of their time. |
|
Zack |
Provide all children medical care, no matter what their means are. |
Article II, General Provisions
General Concept |
Scott |
An environmental bill of rights. |
General Concept |
Scott |
The Ethics Commission. |
II-8-a-1 |
Barnett |
Art II, s. 8(a), requiring full and public financial disclosure by elected constitutional officers, should be amended to include all elected officials in the state. This would pick up elected municipal officers and officers of special districts. |
Mills |
Authorize the Ethics Commission to initiative investigations (i.e. "primary" investigations). |
|
Rundle |
Strengthen the powers of the Ethics Commission |
|
Friedin |
Transfer to Art. II, s. 8, provisions of Art. III, s. 18, which requires the enactment of a Code of Ethics for public officers and employees. |
|
Barnett |
Members of the legislative branch should be subject to sanction for ethics violations notwithstanding reliance on the advice of counsel, as are all other officers and employees subject to the Code. |
Article III, Legislature
General Concept |
Scott |
Reapportionment by an independent commission. |
General Concept |
Scott |
Length of terms and term limitations. |
General Concept |
Scott |
Residency and other qualifications of members. |
General Concept |
Scott |
Forms of sessions. |
III-1-2 |
Sundberg |
Florida should have a one-house Legislature. |
III-1-3 |
Scott |
The requirement for single-member districts should be specifically set out in the Constitution. |
III-1-4 |
Barnett |
Allow for multiple-member districts; at least a multiple-member house and a single-member senate. |
Barkdull |
The period during which the Governor may veto legislation when received during the session should be changed from 7 days to 15 days. The period for gubernatorial veto, when legislation is received after adjournment of the Legislature, should be changed from 15 days to 30 days. |
|
III-16-1 |
Barkdull |
Establish an independent redistricting commission. |
Article IV, Executive
General Concept |
Scott |
Restructuring the Cabinet. |
General Concept |
Scott |
Merger of the Marine Fisheries Commission and theFlorida Game and Fresh Water Fish Commission. |
IV-7-b-1 |
Barkdull |
The Senate should be required to either remove or reinstate an official suspended by the Governor. Currently, the Senate can simply fail to take action. |
Henderson |
Unify the Marine Fisheries Commission and the Game and Fresh Water Fish Commission to form the Florida Fish and Wildlife Conservation Commission; provide for appointment of members by the Governor, subject to Senate confirmation. Authorize Commission t o exercise executive and regulatory powers of the state pertaining to conservation of freshwater and marine aquatic life and wild animal life. |
Article V, Judiciary
General Concept |
Scott |
State participation in Article V costs. |
General Concept |
Scott |
Merit retention or election of judges. |
General Concept |
Scott |
Qualifications and terms of judges. |
Zack |
Clarify the State of Florida's responsibility to fully fund the judiciary. | |
Langley |
Strike "temporary" from Art. V, s. 2(b), to provide for unlimited cross-assignments of judges between the trial courts. |
|
Langley |
Amend Art. V to allow the District Courts of Appeal and the Supreme Court to submit questions of military law to the Federal Courts of Appeal for the Uniform Services for an advisory opinion. |
|
Langley |
Amend Art. V to allow a military court-martial to be conducted by military judges of the Florida National Guard, with direct appeal to the First District Court of Appeal. |
|
Sundberg |
Amend Art. V, s. 8, by removing the requirement for mandatory retirement of justices and judges over the age of 70. |
|
Wetherington |
Amend Art. V, s. 8, relating to mandatory retirement, and raise the retirement age from 70 to 72 with no opportunity for the justice or judge to serve any remaining term of office. |
|
V-8-4b |
Wetherington |
Amend Art. V, s. 8, relating to the qualifications of trial judges to increase the experience level for circuit and county court judges from 5 to 10 years membership in The Florida Bar. |
Wetherington |
Amend Art. V, ss. 10 and 11, to extend the system of merit selection and retention to the trial courts. |
Article VI, Suffrage and Elections
General Concept |
Scott |
Ballot access by minority parties. |
Anthony |
Allow voting on weekends, allow 2 days for voting. |
|
Riley |
Require that all candidates must be registered Florida voters for at least one year, and live in the district for at least 6 months, and continue to live in the district for the entire term. |
|
Barnett |
Amend Art. VI, s. 2, to accurately reflect that the legal voting age is 18 rather than 21 years of age. |
|
Sundberg |
Remove all term limits from the Constitution. |
|
VI-x-1 |
Marshall |
Modify the ballot access laws to increase participation and diminish the power of the major parties. |
Mathis |
Provide for a mechanism to recall justices of the Supreme Court and other elected officials. |
|
Douglass |
Support public financing of campaigns. |
|
VI-x-14b |
Mills |
Allow for an open primary, thereby allowing all parties to participate. |
Riley |
Prohibit the second primary and allow for weekend voting. |
Article VII, Finance and Taxation
General Concept |
Scott |
Limitation of homestead exemption from taxation. |
General Concept |
Scott |
Treatment of municipalities and other political subdivisions compared to the treatment of counties and the state. |
General Concept |
Scott |
Sales tax exemptions, budget process, extraordinary votes. |
General Concept |
Scott |
Unfunded mandates. |
VII-1-e-2 |
Connor |
Impose spending limits on the government. |
VII-2-1 |
Mills |
Remove intangible personal property taxes from the law. |
Mathis |
Extend the exemption provided to county-owned seaports and airports to those owned by municipal and special district seaports and airports. |
|
Evans-Jones |
Property leased to a private entity is subject to taxation. |
|
Barnett |
Eliminate the constitutional ban on a state income tax. |
|
VII-5-2 |
Riley |
Prohibit state income tax. |
Anthony |
Require everyone to pay ad valorem tax on 50% of the first $50,000 of assessed valuation and 100% on amounts over $50,000. |
|
VII-6-7 |
Ford-Coates |
Provide an exemption for the first $5,000 of tangible personal property. |
Langley |
Place water management in general revenue and do not allow it independent taxation authority. |
|
Nabors |
Providing limits on the adoption of exemptions and exclusions from the general state sales tax. |
|
Nabors |
(1) Make it possible for the Legislature to earmark certain fees/taxes for the bonding of capital outlay, and (2) restructure the tax system by eliminating the multitude of exemptions. |
Article VIII, Local Government
General Concept |
Scott |
Sovereign immunity. |
VIII-x-5 |
Nabors |
Overrule Synder v. Brevard County and Jennings v. Dade County thereby permitting citizens the right to speak with their elected official relating to zoning matters. |
Article IX, Education
General Concept |
Scott |
Splitting counties into school districts. |
General Concept |
Scott |
Bonding and taxing authority. |
General Concept |
Scott |
Reformation of the State Board of Education. |
IX-1-2 |
Mathis |
Advocates the language of the 1868 Constitution which provided that education shall be paramount in Florida and that there shall be a free public university system. |
Rundle |
Broaden the right to a free education to include the first two years of college. |
|
IX-2-1 |
Riley |
Create an appointed rather than elected Commissioner of Education. |
Marshall |
Allow counties to divide into smaller school districts. |
|
Riley/Marshall |
Recommends changing to an appointed superintendent of schools. |
Article X, Miscellaneous
General Concept |
Scott |
Private property rights. |
General Concept |
Scott |
Environmental bonding authority (P2000). |
General Concept |
Scott |
Limitation of homestead exemption for bankruptcy. |
General Concept |
Scott |
Sovereign immunity. |
Rundle |
Amend Art. X, s. 4(a), to clarify that homestead property should not be protected from forfeiture actions. |
|
Zack |
Eliminate the cap on the waiver of sovereign immunity. |
|
Riley |
Make provisions that dues of the Florida Retirement System should be adequately protected. |
|
X-14-2 |
Wetherington |
Amend Art. X, s. 14, to provide that the administration of the public retirement system shall require the Board of Trustees to hold and invest all assets for the exclusive purpose of providing benefits to all members. |
Zack |
Require lottery funds to be supplemental to general revenue with general revenue being no less than 4% of the actual percentage of the general revenue budget allocation to education as it was at the time the lottery was approved. |
|
Sundberg |
Do not change, delete or modify the net ban. |
Article XI, Amendments
General Concept |
Scott |
Statutory and constitutional initiatives. (Repetitive initiatives included) |
XI-3-3 |
Mills |
Provide for statutory initiatives. |
Article XII, Schedule
Henderson |
Establish a Florida Land and Water Conservation Fund, using revenues dedicated from documentary stamps to support long-term debt and pay-as-you-go programs to purchase high quality state conservation lands, grants to local governments for community bas ed conservation projects, funding environmental restoration projects on public lands, and financing incentives for long-term conservation stewardship of private lands. |
|
XII-9-4 |
Barkdull |
The time limits for bonding for land preservation should be extended from 2013 to 2020. |