State Seal Issue Survey


Amendments, Election of 11-5-68:

 

1968 SJR 44-X (Article XII, Section 18) {Withdrawn}

1968 SJR 52-X (Article XII, Section 19) {Withdrawn}

1968 HJR 100-X (Article IV, Section 20; Article IV, Section 25; Article XII, Section 3) {Withdrawn}

1968 SJR 4-2X (Article VI, Sections 1-6) {Adopted}

1968 SJR 5-2X (Article VIII, Sections 1-6) {Adopted}

1968 SJR 6-2X {Withdrawing 1968 SJR 44-X}

1968 SJR 7-2X {Withdrawing 1968 SJR 52-X}

1968 HJR 1-2X (Constitutional Revision) {Adopted}

1968 HJR 5-2X {Withdrawing 1968 HJR 100-X}

 

Related Material:

 

"Should Florida Adopt the Proposed Constitution?" by Manning J. Dauer,

Clement H. Donovan, and Gladys M. Kammerer.

Studies in Public Administration No. 31, Public Administration Clearing Service,

University of Florida. 1968.

 

 

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SENATE JOINT RESOLUTION NO. 44-X

 

A JOINT RESOLUTION proposing an amendment to subsection (b) of Section 18 of Article XII of the Constitution of Florida; providing for a limit on the interest rate allowable on bonds issued on behalf of counties for capital outlay and d ebt service and other school purposes.

 

Be it Resolved by the Legislature of the State of Florida:

 

That subsection (b) of Section 18 Article XII of the Constitution of Florida be amended as set forth below is agreed to and that said amendment be submitted to the electors of Florida for ratification or rejection at the general ele ction to be held in November 1968:

 

Section 18. School Bonds for Capital Outlay, Issuance.

(b) The state board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provide d for in subsection (a). The state board shall also have power, for the purpose of obtaining funds for the use of any county board of public instruction in acquiring, building, constructing, altering, improving, enlarging, furnishing, or equipping capita l outlay projects for school purposes, to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipation certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certificat es theretofore issued by said state board. All such bonds shall bear interest at not exceeding five per centum per annum and shall mature serially in annual installments commencing not more than three years from the date of issuance thereof and ending no t later than thirty years from the date of issuance or January 1, 2000, A. D., whichever is earlier. All such motor vehicle tax anticipation certificates shall bear interest at not exceeding five per centum per annum and shall mature prior to January 1, 2000, A. D. None of said bonds or certificates shall be sold at less than ninety-eight per centum of the par value thereof, plus accrued interest. The state board shall have power to determine all other details of said bonds or motor vehicle tax anticip ation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the state board shall provide.

The state board shall also have power to pledge for the payment of the principal of and interest on such bonds or motor vehicle tax anticipation certificates, including refunding bonds or refunding motor vehicle tax anticipation certifi cates, all or any part from the anticipated revenues to be derived from the licensing of motor vehicles provided for in this amendment and to enter into any covenants and other agreements with the holders of such bonds or motor vehicle tax anticipation ce rtificates at the time of the issuance thereof concerning the security thereof and the rights of the holders thereof, all of which covenants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enf orceable by such holders in any court of competent jurisdiction.

No such bonds or motor vehicle tax anticipation certificates shall ever be issued by the state board until after the adoption of a resolution requesting the issuance thereof by the county board of public instruction of the county on beh alf of which such obligations are to be issued. The state board of education shall limit the amount of such bonds or motor vehicle tax anticipation certificates which can be issued on behalf of any county to seventy-five per cent of the amount which it d etermines can be serviced by the revenue accruing to the county under the provisions of this amendment, and such determination shall be conclusive. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the state boa rd of education but shall be issued for and on behalf of the county board of public instruction requesting the issuance thereof, and no election or approval of qualified electors or freeholders shall be required for the issuance thereof.

 

Filed in Office Secretary of State February 15, 1968.

 

 

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SENATE JOINT RESOLUTION NO. 52-X

 

A JOINT RESOLUTION proposing an amendment to subsection (b) of Section 19 of Article XII of the Constitution of Florida providing for a limit on the interest rate allowable on bonds issued for capital outlay at institutions of higher le arning, including junior colleges and certain vocational-technical schools.

 

Be it Resolved by the Legislature of the State of Florida:

 

That subsection (b) of Section 19 of Article XII of the Constitution of Florida be amended as set forth below, is agreed to and that said amendment be submitted to the electors of Florida for ratification or rejection at the general election to be held in November 1968:

 

Section 19. Institutions of Higher Learning and Junior College Capital Outlay Trust Fund; Bonds.

(b) The State Board shall have power, for the purpose of obtaining funds for acquiring, building, constructing, altering, improving, enlarging, furnishing or equipping capital outlay projects theretofore authorized by the legislature an d any purposes appurtenant or incidental thereto, for institutions of higher learning or junior colleges, as now defined or as may be hereafter defined by law, and for the purpose of constructing buildings and other permanent facilities for vocational-tec hnical schools as provided in Chapter 230, Florida Statutes, to issue bonds or certificates, including refunding bonds or certificates to fund or refund any bonds or certificates theretofore issued. All such bonds or certificates shall bear interest at n ot exceeding five per centum per annum and shall mature at such time or times as the State Board shall determine not exceeding, in any event, however, thirty years from the date of issuance thereof. The State Board shall have power to determine all other details of such bonds or certificates and to sell at public sale, after public advertisement, such bonds or certificates, provided, however, that no bonds or certificates shall ever be issued hereunder to finance, or the proceeds thereof expended for, an y part of the cost of any capital outlay project unless the construction or acquisition of such capital outlay project has been theretofore authorized by the legislature of Florida. None of said bonds or certificates shall be sold at less than ninety-eig ht per centum of the par value thereof, plus accrued interest, and said bonds or certificates shall be awarded at the public sale thereof to the bidder offering the lowest net interest cost for such bonds or certificates in the manner to be determined by the State Board.

The State Board shall also have power to pledge for the payment of the principal of and interest on such bonds or certificates and reserves therefor, including refunding bonds or certificates, all or any part of the revenue to be derive d from the said gross receipts taxes provided for in this amendment, and to enter into any covenants and other agreements with the holders of such bonds or certificates concerning the security thereof and the rights of the holders thereof, all of which co venants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent jurisdiction.

No such bonds or certificates shall ever be issued by the State Board in an amount exceeding seventy-five per centum of the amount which it determines, based upon the average annual amount of the revenues derived from said gross receipt s taxes during the immediately preceding two fiscal years, or the amount of the revenues derived from said gross receipts taxes during the immediately preceding fiscal year, as shown in a certificate filed by the State Comptroller with the State Board pri or to the issuance of such bonds or certificates, whichever is the lesser, can be serviced by the revenues accruing thereafter under the provisions of this amendment; nor shall the State Board, during the first year following the ratification of this amen dment, issue bonds or certificates in excess of seven times the anticipated revenue from said gross receipts taxes during said year, nor during each succeeding year, more than four times the anticipated revenue from said gross receipts taxes during such y ear. No election or approval of qualified electors or freeholder electors shall be required for the issuance of bonds or certificates hereunder.

After the initial issuance of any bonds or certificates pursuant to this amendment, the State Board may thereafter issue additional bonds or certificates which will rank equally and on a parity, as to lien on and source of security for payment from said gross receipts taxes, with any bonds or certificates theretofore issued pursuant to this amendment, but such additional parity bonds or certificates shall not be issued unless the average annual amount of the revenues derived from said g ross receipts taxes during the immediately preceding two fiscal years, or the amount of the revenues derived from said gross receipts taxes during the immediately preceding fiscal year, as shown in a certificate filed by the State Comptroller with the Sta te Board prior to the issuance of such bonds or certificates, whichever is the lesser, shall have been equal to one and one-third times the aggregate amount of principal and interest which will become due in any succeeding fiscal year on all bonds or cert ificates theretofore issued pursuant to this amendment and then outstanding, and the additional parity bonds or certificates then proposed to be issued. No bonds, certificates or other obligations whatsoever shall at any time be issued under the provisio ns of this amendment, except such bonds or certificates initially issued hereunder, and such additional parity bonds or certificates as provided in this paragraph. Notwithstanding any other provision herein no such bonds or certificates shall be authoriz ed or validated during any biennium in excess of fifty million dollars, except by two-thirds vote of the members elected to each house of the legislature; provided further that during the biennium 1963-1965 seventy-five million dollars may be authorized a nd validated pursuant hereto.

 

Filed in Office Secretary of State February 15, 1968.

 

 

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HOUSE JOINT RESOLUTION NO. 100-X

 

A JOINT RESOLUTION abolishing the office of Superintendent of Public Instruction as an elected official and abolishing the State Board of Education as a constitutional board by proposing an amendment to Section 20 of Article IV of the S tate Constitution by eliminating the Superintendent of Public Instruction from the Governorís Cabinet; repealing Section 25 of Article IV; and proposing an amendment to Section 3 of Article XII by providing for a board of education to be established by la w.

 

Be it Resolved by the Legislature of the State of Florida:

 

That Section 20 of Article IV of the State Constitution be amended as set forth below; that said amendment be submitted to the electors of the State of Florida for ratification or rejection at the next general election to be held on November 5, 1968; that publication of notice of election be given; and that, if approved by the electors of the State of Florida, this amendment shall become a part of the State Constitution on January 1, 1970; said Section 20 to read:

 

Section 20. Governorís Cabinet. The Governor shall be assisted by administrative officers as follows: A secretary of state, attorney general, comptroller, treasurer, and commissioner of agriculture, who shall be elected at the same time as the governor, and shall hold their offices for the same term; provided, that the first election of such officers under this section shall be had at the time of voting for governor in 1964 for a term of two years and thereafter commencing with the time of voting for governor in 1966, said officers shall be elected for a term of four years.

 

Be it Further Resolved that it is agreed that Section 25 of Article IV of the State Constitution be repealed.

 

Be it Further Resolved that Section 3 of Article XII be amended to read as follows:

 

Section 3. There shall be a State Board of Education as provided by law.

 

Be it Further Resolved that the question of the adoption of the foregoing changes to the State Constitution shall be submitted to the electors of Florida for ratification or rejection at the general election to be held in Novembe r 1968 and that publication of notice of election be given; and that all of said amendments shall become a part of the State Constitution on January 1, 1970.

 

Approved by the Governor March 5, 1968.

 

Filed in Office Secretary of State March 5, 1968.

 

 

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SENATE JOINT RESOLUTION NO. 4-2X

 

A JOINT RESOLUTION proposing a revision of Article VI of the Constitution of the State of Florida relating to suffrage and eligibility.

 

Be it Resolved by the Legislature of the State of Florida:

 

That the following proposed revision of Article VI of the Constitution of the State of Florida is hereby agreed to and shall be submitted to the electors of this state for ratification or rejection at the next general election to be held in November 1968:

 

 

ARTICLE VI

 

SUFFRAGE AND ELECTIONS

 

Section 1. Regulation of Elections. All elections by the people shall be by direct and secret vote. General elections shall be determined by a plurality of votes cast. Registration and elections shall, and political party function s may, be regulated by law.

 

Section 2. Electors. Every citizen of the United States who is at least twenty-one years of age and who has been a permanent resident for one year in the state and six months in a county, if registered as provided by law, shall be a n elector of that county. Provisions may be made by law for other bona fide residents of the state who are at least twenty-one years of age to vote in the election of presidential electors.

Section 3. Oath. Each eligible citizen upon registering shall subscribe the following: "I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and the Constitution of the State of F lorida, and that I am qualified to register as an elector under the Constitution and laws of the State of Florida."

 

Section 4. Disqualifications. No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disabilit y.

 

Section 5. General and Special Elections. A general election shall be held in each county on the first Tuesday after the first Monday in November of each even-numbered year to choose a successor to each elective state and county off icer whose term will expire before the next general election and, except as provided herein, to fill each vacancy in elective office for the unexpired portion of the term. Special elections and referenda shall be held as provided by law.

 

Section 6. Municipal and District Elections. Registration and elections in municipalities shall, and in other governmental entities created by statute may, be provided by law.

 

Filed in Office Secretary of State July 17, 1968.

 

 

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SENATE JOINT RESOLUTION NO. 5-2X

 

A JOINT RESOLUTION proposing a revision of Article VIII of the Constitution of the State of Florida relating to counties and cities.

 

Be it Resolved by the Legislature of the State of Florida:

 

That the following proposed revision of Article VIII of the Constitution of the State of Florida is hereby agreed to and shall be submitted to the electors of this state for ratification or rejection at the next general election to be held in November 1968:

 

 

ARTICLE VIII

 

LOCAL GOVERNMENT

 

Section 1. Counties.

(a) Political Subdivisions. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt.

(b) County Funds. The care, custody and method of disbursing county funds shall be provided by general law.

(c) Government. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpos e.

(d) County Officers. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a tax assessor, a supervisor of elections, and a clerk of the circuit court; except, when provided by coun ty charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferr ed to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all cou nty funds.

(e) Commissioners. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five members serving staggered terms of four years. After each decennial censu s the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected by the electors of the county.

(f) Non-Charter Government. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter ma y enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict.

(g) Charter Government. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county op erating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances.

(h) Taxes; Limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas.

(i) County Ordinances. Each county ordinance shall be filed with the secretary of state and shall become effective at such time thereafter as is provided by general law.

(j) Violation of Ordinances. Persons violating county ordinances shall be prosecuted and punished as provided by law.

(k) County Seat. In every county there shall be a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch of fices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded in the county until filed at the county seat acc ording to law.

 

Section 2. Municipalities.

(a) Establishment. Municipalities may be established or abolished and their charters amended pursuant to general or special law. When any municipality is abolished, provision shall be made for the protection of its creditors.

(b) Powers. Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal pu rposes except as otherwise provided by law. Each municipal legislative body shall be elective.

(c) Annexation. Municipal annexation of unincorporated territory, merger of municipalities, and exercise of extra-territorial powers by municipalities shall be as provided by general or special law.

 

Section 3. Consolidation. The government of a county and the government of one or more municipalities located therein may be consolidated into a single government which may exercise any and all powers of the county and the several m unicipalities. The consolidation plan may be proposed only by special law, which shall become effective if approved by vote of the electors of the county, or of the county and municipalities affected, as may be provided in the plan. Consolidation shall not extend the territorial scope of taxation for the payment of pre-existing debt except to areas whose residents receive a benefit from the facility or service for which the indebtedness was incurred.

 

Section 4. Transfer of Powers. By law or by resolution of the governing bodies of each of the governments affected, any function or power of a county, municipality or special district may be transferred to or contracted to be perfor med by another county, municipality or special district, after approval by vote of the electors of the transferor and approval by vote of the electors of the transferee, or as otherwise provided by law.

 

Section 5. Local Option. Local option on the legality or prohibition of the sale of intoxicating liquors, wines or beers shall be preserved to each county. The status of a county with respect thereto shall be changed only by vote o f the electors in a special election called upon the petition of twenty-five per cent of the electors of the county, and not sooner than two years after an earlier election on the same question. Where legal, the sale of intoxicating liquors, wines and be ers shall be regulated by law.

 

Section 6. Schedule.

(a) This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference.

(b) Counties; County Seats; Municipalities; Districts. The status of the following items as they exist on the date this article becomes effective is recognized and shall be continued until changed in accordance with law: the counties o f the state; their status with respect to the legality of the sale of intoxicating liquors, wines and beers; the method of selection of county officers; the performance of municipal functions by county officers; the county seats; and the municipalities an d special districts of the state, their powers, jurisdiction and government.

(c) Officers to Continue in Office. Every person holding office when this article becomes effective shall continue in office for the remainder of the term if that office is not abolished. If the office is abolished the incumbent shall be paid adequate compensation, to be fixed by law, for the loss of emoluments for the remainder of the term.

(d) Ordinances. Local laws relating only to unincorporated areas of a county on the effective date of this article may be amended or repealed by county ordinance.

(e) Consolidation and Home Rule. Article VIII, Sections 9, 10, 11 and 24, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that co unty shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to Article VIII, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amendments thereto are authorized under said Article VIII, Section 11, of the Constitution of 1885, as amended.

(f) Dade County; Powers Conferred Upon Municipalities. To the extent not inconsistent with the powers of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or he reafter by general law upon municipalities.

(g) Deletion of Obsolete Schedule Items. The legislature shall have power, by joint resolution, to delete from this article any subsection of this Section 6, including this subsection, when all events to which the subsection to be dele ted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review.

 

Filed in Office Secretary of State July 17, 1968.

 

 

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SENATE JOINT RESOLUTION NO. 6-2X

 

A JOINT RESOLUTION withdrawing Senate Joint Resolution No. 44-X, adopted at the session of the legislature of the State of Florida which convened on January 29, 1968, and entitled, "A joint resolution proposing an amendment to subs ection (b) of Section 18 of Article XII of the Constitution of Florida; providing for a limit on the interest rate allowable on bonds issued on behalf of counties for capital outlay and debt service and other school purposes."

 

WHEREAS the session of the legislature of Florida which convened on January 29, 1968, did adopt a joint resolution designated Senate Joint Resolution No. 44-X, and entitled, "A joint resolution proposing an amendment to subsection (b) of Section 18 of Article XII of the Constitution of Florida; providing for a limit on the interest rate allowable on bonds issued on behalf of counties for capital outlay and debt service and other school purposes," and

 

WHEREAS the legislature of Florida is now in session pursuant to the call of the Governor for the purpose of proposing a revised constitution for the State of Florida, and

 

WHEREAS grave doubt exists that bonds or tax anticipation certificates issued pursuant to Senate Joint Resolution No. 44-X could be sold under current conditions of the bond market by reason of the limitation on the interest allowable t hereon, and

 

WHEREAS there is great public need for bonds or tax anticipation certificates to be issued for the purpose authorized in said Joint Resolution with interest higher than the limit allowed by said Joint Resolution, and

WHEREAS this session of the legislature has passed House Joint Resolution No. 1-2X enabling the legislature to authorize by statute higher interest on bonds or tax anticipation certificates, and

 

WHEREAS there are conflicting provisions between the said Joint Resolutions resulting in the electorate being unable to exercise a free, uninhibited, intelligent choice, and

 

WHEREAS it is deemed improvident to submit to the electors of Florida for ratification or rejection conflicting amendments to the Constitution of Florida to be voted on at the same election;

 

Now, therefore,

 

Be it Resolved by the Legislature of the State of Florida:

 

That Senate Joint Resolution No. 44-X, entitled, "A joint resolution proposing an amendment to subsection (b) of Section 18 of Article XII of the Constitution of Florida; providing for a limit on the interest rate allowable on bonds issued on behalf of counties for capital outlay and debt service and other school purposes," be and the same is hereby rescinded, revoked, annulled and withdrawn; the amendment to the Constitution of Florida proposed thereby shall not be submit ted to the electors and the secretary of state is directed to withhold said resolution from the ballot in the general election to be held in November 1968.

 

Filed in Office Secretary of State July 17, 1968.

 

 

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SENATE JOINT RESOLUTION NO. 7-2X

 

A JOINT RESOLUTION withdrawing Senate Joint Resolution No. 52-X, adopted at the session of the legislature of the State of Florida which convened on January 29, 1968, and entitled, "A joint resolution proposing an amendment to subs ection (b) of Section 19 of Article XII of the Constitution of Florida providing for a limit on the interest rate allowable on bonds issued for capital outlay at institutions of higher learning, including junior colleges and certain vocational-technical s chools."

 

WHEREAS the session of the legislature of Florida which convened on January 29, 1968, did adopt a joint resolution designated Senate Joint Resolution No. 52-X, and entitled, "A joint resolution proposing an amendment to subsection (b) of Section 19 of Article XII of the Constitution of Florida providing for a limit on the interest rate allowable on bonds issued for capital outlay at institutions of higher learning, including junior colleges and certain vocational-technical schools ," and

 

WHEREAS the legislature of Florida is now in session pursuant to the call of the Governor for the purpose of proposing a revised constitution for the State of Florida, and

 

WHEREAS grave doubt exists that bonds or certificates issued pursuant to Senate Joint Resolution No. 52-X could be sold under current conditions of the bond market by reason of the limitation on the interest allowable thereon, and

 

WHEREAS there is great public need for bonds or certificates to be issued for the purpose authorized in said Joint Resolution with interest higher than the limit allowed by said Joint Resolution, and

 

WHEREAS this session of the legislature has passed House Joint Resolution No. 1-2X enabling the legislature to authorize by statute higher interest on bonds or certificates, and

 

WHEREAS there are conflicting provisions between the said Joint Resolutions resulting in the electorate being unable to exercise a free, uninhibited, intelligent choice, and

 

WHEREAS it is deemed improvident to submit to the electors of Florida for ratification or rejection conflicting amendments to the Constitution of Florida to be voted on at the same election;

 

Now, therefore,

 

Be it Resolved by the Legislature of the State of Florida:

 

That Senate Joint Resolution No. 52-X, entitled, "A joint resolution proposing an amendment to subsection (b) of Section 19 of Article XII of the Constitution of Florida providing for a limit on the interest rate allowable on b onds issued for capital outlay at institutions of higher learning, including junior colleges and certain vocational-technical schools," be and the same is hereby rescinded, revoked, annulled and withdrawn; the amendment to the Constitution of Florida proposed thereby shall not be submitted to the electors and the secretary of state is directed to withhold said resolution from the ballot in the general election to be held in November 1968.

 

Filed in Office Secretary of State July 17, 1968.

 

 

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HOUSE JOINT RESOLUTION NO. 1-2X

 

A JOINT RESOLUTION proposing a revision of portions of the Constitution of the State of Florida, excepting therefrom revision of Articles V, VI, and VIII.

 

Be it Resolved by the Legislature of the State of Florida:

 

That the following proposed revision of portions of the Constitution of the State of Florida, excepting therefrom revision of Articles V, VI, and VIII is hereby agreed to and shall be submitted to the electors of the state for ratif ication or rejection at the next general election to be held in November 1968:

 

PREAMBLE

 

We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civi l and political rights to all, do ordain and establish this constitution.

 

 

ARTICLE I

 

DECLARATION OF RIGHTS

 

Section 1. Political Power. All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.

 

Section 2. Basic Rights. All natural persons are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, pos sess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race or religio n.

 

Section 3. Religious Freedom. There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, pea ce or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.

 

Section 4. Freedom of Speech and Press. Every person may speak, write and publish his sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of spe ech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated.

 

Section 5. Right to Assemble. The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances.

 

Section 6. Right to Work. The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization , to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.

 

Section 7. Military Power. The military power shall be subordinate to the civil.

 

Section 8. Right to Bear Arms. The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

 

Section 9. Due Process. No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against himself.

 

Section 10. Prohibited laws. No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.

 

Section 11. Imprisonment for Debt. No person shall be imprisoned for debt, except in cases of fraud.

 

Section 12. Searches and Seizures. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be inte rcepted, and the nature of evidence to be obtained. Articles or information obtained in violation of this right shall not be admissible in evidence.

 

Section 13. Habeas Corpus. The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is e ssential to the public safety.

 

Section 14. Bail. Until adjudged guilty, every person charged with a crime or violation of municipal or county ordinance shall be entitled to release on reasonable bail with sufficient surety unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great.

 

Section 15. Prosecution for Crime; Offenses Committed by Children.

(a) No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, exc ept persons on active duty in the militia when tried by courts martial.

(b) When authorized by law, a child as therein defined may be charged with a violation of law as an act of delinquency instead of crime and tried without a jury or other requirements applicable to criminal cases. Any child so charged s hall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.

 

Section 16. Rights of Accused. In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation against him, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, th e indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties he will be tried. Venue for p rosecution of crimes committed beyond the boundaries of the state shall be fixed by law.

 

Section 17. Excessive Punishments. Excessive fines, cruel or unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden.

 

Section 18. Administrative Penalties. No administrative agency shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law.

 

Section 19. Costs. No person charged with crime shall be compelled to pay costs before a judgment of conviction has become final.

 

Section 20. Treason. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort, and no person shall be convicted of treason except on the testimony of two witness es to the same overt act or on confession in open court.

 

Section 21. Access to Courts. The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.

 

Section 22. Trial by jury. The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.

 

 

ARTICLE II

 

GENERAL PROVISIONS

 

Section 1. State Boundaries.

(a) The state boundaries are: Begin at the mouth of the Perdido River, which for the purposes of this description is defined as the point where latitude 30 degrees 16 minutes 53 seconds north and longitude 87 degrees 31 minutes 06 secon ds west interest; thence to the point where latitude 30 degrees 17 minutes 02 seconds north and longitude 87 degrees 31 minutes 06 seconds west intersect; thence to the point where latitude 30 degrees 18 minutes 00 seconds north and longitude 87 degrees 2 7 minutes 08 seconds west intersect; thence to the point where the center line of the Intracoastal Canal (as the same existed on June 12, 1953) and longitude 87 degrees 27 minutes 00 seconds west intersect; the same being in the middle of the Perdido Rive r; thence up the middle of the Perdido River to the point where it intersects the south boundary of the State of Alabama, being also the point of intersection of the middle of the Perdido River with latitude 31 degrees 00 minutes 00 seconds north; thence east, along the south boundary line of the State of Alabama, the same being latitude 31 degrees 00 minutes 00 seconds north to the middle of the Chattahoochee River; thence down the middle of said river to its confluence with the Flint River; thence in a straight line to the head of the St. Marys River; thence down the middle of said river to the Atlantic Ocean; thence due east to the edge of the Gulf Stream or a distance of three geographic miles whichever is the greater distance; thence in a southerly d irection along the edge of the Gulf Stream or along a line three geographic miles from the Atlantic coastline and three leagues distant from the Gulf of Mexico coastline, whichever is greater, to and through the Straits of Florida and westerly, including the Florida reefs, to a point due south of and three leagues from the southernmost point of the Marquesas Keys; thence westerly along a straight line to a point due south of and three league from Loggerhead Key, the westernmost of the Dry Tortugas Islands ; thence westerly, northerly and easterly along the arc of a curve three leagues distant from Loggerhead Key to a point due north of Loggerhead Key; thence northeast along a straight line to a point three leagues from the coastline of Florida; thence nort herly and westerly three leagues distant from the coastline to a point west of the mouth of the Perdido River three leagues from the coastline as measured on a line bearing south 00 degrees 01 minutes 00 seconds west from the point of beginning; thence no rtherly along said line to the point of beginning. The State of Florida shall also include any additional territory within the United States adjacent to the Peninsula of Florida lying south of the St. Marys River, east of the Perdido River, and south of the States of Alabama and Georgia.

(b) The coastal boundaries may be extended by statute to the limits permitted by the laws of the United States or international law.

 

Section 2. Seat of Government. The seat of government shall be the City of Tallahassee, in Leon county, where the offices of the governor, lieutenant governor, cabinet members and the supreme court shall be maintained and the sessio ns of the legislature shall be held; provided that, in time of invasion or grave emergency, the governor by proclamation may for the period of the emergency transfer the seat of government to another place.

 

Section 3. Branches of Government. The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the oth er branches unless expressly provided herein.

 

Section 4. State Seal and Flag. The design of the great seal and flag of the state shall be prescribed by law.

 

Section 5. Public Officers.

(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constituti on revision commission, constitutional convention, or statutory body having only advisory powers.

(b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitu tion and government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on which I am about to enter. S o help me God.", and thereafter shall devote personal attention to the duties of the office, and continue in office until his successor qualifies.

(c) The powers, duties, compensation and method of payment of state and county officers shall be fixed by law.

 

Section 6. Enemy Attack. In periods of emergency resulting from enemy attack the legislature shall have power to provide for prompt and temporary succession to the powers and duties of all public offices the incumbents of which may become unavailable to execute the functions of their offices, and to adopt such other measures as may be necessary and appropriate to insure the continuity of governmental operations during the emergency. In exercising these powers, the legislature may d epart from other requirements of this constitution, but only to the extent necessary to meet the emergency.

 

Section 7. Natural Resources and Scenic Beauty. It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water polluti on and of excessive and unnecessary noise.

 

 

ARTICLE III

 

LEGISLATURE

 

Section 1. Composition. The legislative power of the state shall be vested in a legislature of the State of Florida, consisting of a senate composed of one senator elected from each senatorial district and a house of representatives composed of one member elected from each representative district.

 

Section 2. Members; Officers. Each house shall be the sole judge of the qualifications, elections, and returns of its members, and shall biennially choose its officers, including a permanent presiding officer selected from its membe rship, who shall be designated in the senate as President of the Senate, and in the house as Speaker of the House of Representatives. The senate shall designate a Secretary to serve at its pleasure, and the house of representatives shall designate a Cler k to serve at its pleasure. The legislature shall appoint an auditor to serve at its pleasure who shall audit public records and perform related duties as prescribed by law or concurrent resolution.

 

Section 3. Sessions of the Legislature.

(a) Organization Sessions. On the fourteenth day following each general election the legislature shall convene for the exclusive purpose of organization and selection of officers.

(b) Regular Sessions. A regular session of the legislature shall convene on the first Tuesday after the first Monday in April of each odd-numbered year, and on the first Tuesday after the first Monday in April, or such other date as ma y be fixed by law, of each even-numbered year.

(c) Special Sessions.

(1) The governor, by proclamation stating the purpose, may convene the legislature in special session during which only such legislative business may be transacted as is within the purview of the proclamation, or of a communication from the governor, or is introduced by consent of two-thirds of the membership of each house.

(2) A special session of the legislature may be convened as provided by law.

(d) Length of Sessions. A regular session of the legislature shall not exceed sixty consecutive days, and a special session shall not exceed twenty consecutive days, unless extended beyond such limit by a three-fifths vote of each hous e. During such an extension no new business may be taken up in either house without the consent of two-thirds of its membership.

(e) Adjournment. Neither house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution.

(f) Adjournment by Governor. If, during any regular or special session, the two houses cannot agree upon a time for adjournment, the governor may adjourn the session sine die or to any date within the period authorized for such session ; provided that, at least twenty-four hours before adjourning the session, he shall, while neither house is in recess, give each house formal written notice of his intention to do so, and agreement reached within that period by both houses on a time for a djournment shall prevail.

 

Section 4. Quorum and Procedure.

(a) A majority of the membership of each house shall constitute a quorum, but a smaller number may adjourn from day to day and compel the presence of absent members in such manner and under such penalties as it may prescribe. Each hous e shall determine its rules of procedure.

(b) Sessions of each house shall be public; except sessions of the senate when considering appointment to or removal from public office may be closed.

(c) Each house shall keep and publish a journal of its proceedings; and upon the request of five members present, the vote of each member voting on any question shall be entered on the journal.

(d) Each house may punish a member for contempt or disorderly conduct and, by a two-thirds vote of its membership, may expel a member.

 

Section 5. Investigations; Witnesses. Each house, when in session, may compel attendance of witnesses and production of documents and other evidence upon any matter under investigation before it or any of its committees, and may pun ish by fine not exceeding one thousand dollars or imprisonment not exceeding ninety days, or both, any person not a member who has been guilty of disorderly or contemptuous conduct in its presence or has refused to obey its lawful summons or to answer law ful questions. Such powers, except the power to punish, may be conferred by law upon committees when the legislature is not in session. Punishment of contempt of an interim legislative committee shall be by judicial proceedings as prescribed by law.

 

Section 6. Laws. Every law shall embrace but one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title. No law shall be revised or amended by reference to its title only. Laws to revise or amend shall set out in full the revised or amended act, section, subsection or paragraph of a subsection. The enacting clause of every law read: "Be It Enacted by the Legislature of the State of Florida:".

 

Section 7. Passage of Bills. Any bill may originate in either house and after passage in one may be amended in the other. It shall be read in each house on three separate days, unless this rule is waived by two-thirds vote. On eac h reading, it shall be read by title only, unless one-third of the members present desire it read in full. On final passage, the vote of each member voting shall be entered on the journal. Passage of a bill shall require a majority vote in each house. Each bill and joint resolution passed in both houses shall be signed by the presiding officers of the respective houses and by the secretary of the senate and the clerk of the house of representatives during the session or as soon as practicable after its adjournment sine die.

Section 8. Executive Approval and Veto.

(a) Every bill passed by the legislature shall be presented to the governor for his approval and shall become a law if he approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that perio d or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, he shall have fifteen consecutive days from the date of presentation to act on the bill. In all cases except general appropriation bills, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates.

(b) When a bill or any specific appropriation of a general appropriation bill has been vetoed by the governor, he shall transmit his signed objections thereto to the house in which the bill originated if in session. If that house is no t in session, he shall file them with the secretary of state, who shall lay them before that house at its next regular or special session, and they shall be entered on its journal.

(c) If each house shall, by a two-thirds vote, re-enact the bill or reinstate the vetoed specific appropriation of a general appropriation bill, the vote of each member voting shall be entered on the respective journals, and the bill sh all become law or the specific appropriation reinstated, the veto notwithstanding.

 

Section 9. Effective Date of Laws. Each law shall take effect on the sixtieth day after adjournment sine die of the session of the legislature in which enacted or as otherwise provided therein. If the law is passed over the veto of the governor it shall take effect on the sixtieth day after adjournment sine die of the session in which the veto is overridden, on a later date fixed in the law, or on a date fixed by resolution passed by both houses of the legislature.

 

Section 10. Special Laws. No special law shall be passed unless notice of intention to seek enactment thereof has been published in the manner provided by general law. Such notice shall not be necessary when the law, except the pro vision for referendum, is conditioned to become effective only upon approval by vote of the electors of the area affected.

 

Section 11. Prohibited Special Laws.

(a) There shall be no special law or general law of local application pertaining to:

(1) election, jurisdiction or duties of officers, except officers of municipalities, chartered counties, special districts or local governmental agencies;

(2) assessment or collection of taxes for state or county purposes, including extension of time therefor, relief of tax officers from due performance of their duties, and relief of their sureties from liability;

(3) rules of evidence in any court;

(4) punishment for crime;

(5) petit juries, including compensation of jurors, except establishment of jury commissions;

(6) change of civil or criminal venue;

(7) conditions precedent to bringing any civil or criminal proceedings, or limitations of time therefor;

(8) refund of money legally paid or remission of fines, penalties or forfeitures;

(9) creation, enforcement, extension or impairment of liens based on private contracts, or fixing of interest rates on private contracts;

(10) disposal of public property, including any interest therein, for private purposes;

(11) vacation of roads;

(12) private incorporation or grant of privilege to a private corporation;

(13) effectuation of invalid deeds, wills or other instruments, or change in the law of descent;

(14) change of name of any person;

(15) divorce;

(16) legitimation or adoption of persons;

(17) relief of minors from legal disabilities;

(18) transfer of any property interest of persons under legal disabilities or of estates of decedents;

(19) hunting or fresh water fishing;

(20) regulation of occupations which are regulated by a state agency; or

(21) any subject when prohibited by general law passed by a three-fifths vote of the membership of each house. Such law may be amended or repealed by like vote.

(b) In the enactment of general laws on other subjects, political subdivisions or other governmental entities may be classified only on a basis reasonably related to the subject of the law.

 

Section 12. Appropriation Bills. Laws making appropriations for salaries of public officers and other current expenses of the state shall contain provisions on no other subject.

 

Section 13. Term of Office. No office shall be created the term of which shall exceed four years except as provided herein.

 

Section 14. Civil Service System. By law there shall be created a civil service system for state employees, except those expressly exempted, and there may be created civil service systems and boards for county, district or municipal employees and for such offices thereof as are not elected or appointed by the governor, and there may be authorized such boards as are necessary to prescribe the qualifications, method of selection and tenure of such employees and officers.

 

Section 15. Terms and Qualifications of Legislators.

(a) Senators. Senators shall be elected for terms of four years, those from odd-numbered districts in the years the numbers of which are multiples of four, and those from even-numbered districts in even-numbered years the numbers of wh ich are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms.

(b) Representatives. Members of the house of representatives shall be elected for terms of two years in each even-numbered year.

(c) Qualifications. Each legislator shall be at least twenty-one years of age, an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election.

(d) Assuming Office; Vacancies. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law.

 

Section 16. Legislative Apportionment.

(a) Senatorial and Representative Districts. The legislature at its regular session in the second year following each decennial census, by joint resolution, shall apportion the state in accordance with the constitution of the state and of the United States into not less than thirty nor more than forty consecutively numbered senatorial districts of either contiguous, overlapping or identical territory, and into not less than eighty nor more than one hundred twenty consecutively numbered representative districts of either contiguous, overlapping or identical territory. Should that session adjourn without adopting such joint resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionme nt session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a joint resolution of apportionment.

(b) Failure of Legislature to Apportion; Judicial Reapportionment. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, withi n five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the secretary of state an order making such apportionment.

(c) Judicial Review of Apportionment. Within fifteen days after the passage of the joint resolution of apportionment, the attorney general shall petition the supreme court of the state for a declaratory judgment determining the validit y of the apportionment. The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within thirty days from the filing of the petition, shall enter its judgment.

(d) Effect of Judgment in Apportionment; Extraordinary Apportionment Session. A judgment of the supreme court of the state determining the apportionment to be valid shall be binding upon all the citizens of the state. Should the supre me court determine that the apportionment made by the legislature is invalid, the governor by proclamation shall reconvene the legislature within five days thereafter in extraordinary apportionment session which shall not exceed fifteen days, during which the legislature shall adopt a joint resolution of apportionment conforming to the judgment of the supreme court.

(e) Extraordinary Apportionment Session; Review of Apportionment. Within fifteen days after the adjournment of an extraordinary apportionment session, the attorney general shall file a petition in the supreme court of the state setting forth the apportionment resolution adopted by the legislature, or if none has been adopted reporting that fact to the court. Consideration of the validity of a joint resolution of apportionment shall be had as provided for in cases of such joint resolut ion adopted at a regular or special apportionment session.

(f) Judicial Reapportionment. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not later than sixty days after receiving the petition of the attorney general, file with the secretary of state an order making such apportionment.

 

Section 17. Impeachment.

(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal and judges of circuit courts shall be liable to impeachment for misdemeanor in office. The house of repre sentatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representative shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.

(b) An officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and unless the governor is impeached he may by appointment fill the office until completio n of the trial.

(c) All impeachments by the house of representatives shall be tried by the senate. The chief justice of the supreme court, or another justice designated by him, shall preside at the trial, except in a trial of the chief justice, in whi ch case the governor shall preside. The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of representatives be in session or not. The time fixed for trial shall not be more than six months afte r the impeachment. During an impeachment trial senators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment sh all remove the offender from office and, in the discretion of the senate, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer.

 

Section 18. Conflict of Interest. A code of ethics for all state employees and non-judicial officers prohibiting conflict between public duty and private interests shall be prescribed by law.

 

 

ARTICLE IV

 

EXECUTIVE

 

Section 1. Governor.

(a) The supreme executive power shall be vested in a governor. He shall be commander-in-chief of all military forces of the state not in active service of the United States. He shall take care that the laws be faithfully executed, com mission all officers of the state and counties, and transact all necessary business with the officers of the government. He may require information in writing from all executive or administrative state, county or municipal officers upon any subject relat ing to the duties of their respective offices.

(b) The governor may initiate judicial proceedings in the name of the state against any executive or administrative state, county or municipal officer to enforce compliance with any duty or restrain any unauthorized act.

(c) The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting his executive powers and duties. The justices shall, subj ect to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion not earlier than ten days from the filing and docketing of the request, unless in their judgment the delay would cause public injury.

(d) The governor shall have power to call out the militia to preserve the public peace, execute the laws of the state, suppress insurrection, or repel invasion.

(e) The governor shall by message at least once in each regular session inform the legislature concerning the condition of the state, propose such reorganization of the executive department as will promote efficiency and economy, and re commend measures in the public interest.

(f) When not otherwise provided for in this constitution, the governor shall fill by appointment any vacancy in state or county office for the remainder of the term of an appointive office, and for the remainder of the term of an electi ve office if less than twenty-eight months, otherwise until the first Tuesday after the first Monday following the next general election.

 

Section 2. Lieutenant Governor. There shall be a lieutenant governor. He shall perform such duties pertaining to the office of governor as shall be assigned to him by the governor, except when otherwise provided by law, and such ot her duties as may be prescribed by law.

 

Section 3. Succession to Office of Governor; Acting Governor.

(a) Upon vacancy in the office of governor, the lieutenant governor shall become governor. Further succession to the office of governor shall be prescribed by law. A successor shall serve for the remainder of the term.

(b) Upon impeachment of the governor and until completion of trial thereof, or during his physical or mental incapacity, the lieutenant governor shall act as governor. Further succession as acting governor shall be prescribed by law. Incapacity to serve as governor may be determined by the supreme court upon due notice after docketing of a written suggestion thereof by four cabinet members, and in such case restoration of capacity shall be similarly determined after docketing of writt en suggestion thereof by the governor, the legislature or four cabinet members. Incapacity to serve as governor may also be established by certificate filed with the secretary of state by the governor declaring his incapacity for physical reasons to serv e as governor, and in such case restoration of capacity shall be similarly established.

 

Section 4. Cabinet.

(a) There shall be a cabinet composed of a secretary of state, an attorney general, a comptroller, a treasurer, a commissioner of agriculture and a commissioner of education. In addition to the powers and duties specified herein, they shall exercise such powers and perform such duties as may be prescribed by law.

(b) The secretary of state shall keep the records of the official acts of the legislative and executive departments.

(c) The attorney general shall be the chief state legal officer.

(d) The comptroller shall serve as the chief fiscal officer of the state, and shall settle and approve accounts against the state.

(e) The treasurer shall keep all state funds and securities. He shall disburse state funds only upon the order of the comptroller, countersigned by the governor. The governor shall countersign as a ministerial duty subject to original mandamus.

(f) The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law.

(g) The commissioner of education shall supervise the public education system in the manner prescribed by law.

 

Section 5. Election of Governor, Lieutenant Governor and Cabinet Members; Qualifications; Terms.

(a) At a state-wide general election in each calendar year the number of which is even but not a multiple of four, the electors shall choose a governor and a lieutenant governor and members of the cabinet each for a term of four years b eginning on the first Tuesday after the first Monday in January of the succeeding year. In the general election and in party primaries, if held, all candidates for the offices of governor and lieutenant governor shall form joint candidacies in a manner p rescribed by law so that each voter shall cast a single vote for a candidate for governor and a candidate for lieutenant governor running together.

(b) When elected, the governor, lieutenant governor and each cabinet member must be an elector not less than thirty years of age who has resided in the state for the preceding seven years. The attorney general must have been a member o f the bar of Florida for the preceding five years. No person who has, or but for resignation would have, served as governor or acting governor for more than six years in two consecutive terms shall be elected governor for the succeeding term.

 

Section 6. Executive Departments. All functions of the executive branch of state government shall be allotted among not more than twenty-five departments, exclusive of those specifically provided for or authorized in this constituti on. The administration of each department, unless otherwise provided in this constitution, shall be placed by law under the direct supervision of the governor, the lieutenant governor, the governor and cabinet, a cabinet member, or an officer or board ap pointed by and serving at the pleasure of the governor, except:

(a) When provided by law, confirmation by the senate or the approval of three members of the cabinet shall be required for appointment to or removal from any designated statutory office.

(b) Boards authorized to grant and revoke licenses to engage in regulated occupations shall be assigned to appropriate departments and their members appointed for fixed terms, subject to removal only for cause.

 

Section 7. Suspensions; Filling Office during Suspensions.

(a) By executive order stating the grounds and filed with the secretary of state, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United Sta tes, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform his official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.

(b) The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.

(c) By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these po wers are vested elsewhere by law or the municipal charter.

 

Section 8. Clemency.

(a) Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the secretary of state, suspend collection of fines and forfeitures, grant reprieves not exceeding sixt y days and, with the approval of three members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.

(b) In cases of treason the governor may grant reprieves until adjournment of the regular session of the legislature convening next after the conviction, at which session the legislature may grant a pardon or further reprieve; otherwise the sentence shall be executed.

(c) There may be created by law a parole and probation commission with power to supervise persons on probation and grant paroles or conditional releases to persons under sentences for crime. The qualifications, method of selection and terms, not to exceed six years, of members of the commission shall be prescribed by law.

 

Section 9. Game and Fresh Water Fish Commission. There shall be a game and fresh water fish commission, composed of five members appointed by the governor for staggered terms of five years. The commission shall exercise the non-jud icial powers of the state with respect to wild animal life and fresh water aquatic life, except that all license fees for taking wild animal life and fresh water aquatic life and penalties for violating regulations of the commission shall be prescribed by specific statute.

 

 

ARTICLE VII

 

FINANCE AND TAXATION

 

Section 1. Taxation; Appropriations; State Expenses.

(a) No tax shall be levied except in pursuance of law. No state ad valorem taxes shall be levied upon real estate or tangible personal property. All other forms of taxation shall be preempted to the state except as provided by general law.

(b) Motor vehicles, boats, airplanes, trailers, trailer coaches and mobile homes, as defined by law, shall be subject to a license tax for their operation in the amounts and for the purposes prescribed by law, but shall not be subject t o ad valorem taxes.

(c) No money shall be drawn from the treasury except in pursuance of appropriation made by law.

(d) Provision shall be made by law for raising sufficient revenue to defray the expenses of the state for each fiscal period.

 

Section 2. Taxes; Rate. All ad valorem taxation shall be at a uniform rate within each taxing unit, except the taxes on intangible personal property may be at different rates but shall never exceed two mills on the dollar of assesse d value; provided, as to any obligations secured by mortgage, deed of trust, or other lien on real estate wherever located, an intangible tax of not more than two mills on the dollar may be levied by law to be in lieu of all other intangible assessments o n such obligations.

 

Section 3. Taxes; Exemptions.

(a) All property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation. A municipality, owning property outside the municipality, may be required by general law to make paymen t to the taxing unit in which the property is located. Such portions of property as are used predominantly for educational, literary, scientific, religious or charitable purposes may be exempted by general law from taxation.

(b) There shall be exempt from taxation, cumulatively, to every head of a family residing in this state, household goods and personal effects to the value fixed by general law, not less than one thousand dollars, and to every widow or p erson who is blind or totally and permanently disabled, property to the value fixed by general law not less than five hundred dollars.

 

Section 4. Taxation; Assessments. By general law regulations shall be prescribed which shall secure a just valuation of all property for ad valorem taxation, provided:

(a) Agricultural land or land used exclusively for non-commercial recreational purposes may be classified by general law and assessed solely on the basis of character or use.

(b) Pursuant to general law tangible personal property held for sale as stock in trade and livestock may be valued for taxation at a specified percentage of its value.

Section 5. Estate, Inheritance and Income Taxes. No tax upon estates or inheritances or upon the income of residents or citizens of the state shall be levied by the state, or under its authority, in excess of the aggregate of amount s which may be allowed to be credited upon or deducted from any similar tax levied by the United States or any state.

 

Section 6. Homestead Exemptions.

(a) Every person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, shall be exempt from taxation thereon, except ass essments for special benefits, up to the assessed valuation of five thousand dollars, upon establishment of right thereto in the manner prescribed by law. The real estate may be held by legal or equitable title, by the entireties, jointly, in common, as a condominium, or indirectly by stock ownership or membership representing the ownerís or memberís proprietary interest in a corporation owning a fee or a leasehold initially in excess of ninety-eight years.

(b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through sto ck or membership in a corporation, the value of the proportion which his interest in the corporation bears to the assessed value of the property.

(c) By general law and subject to conditions specified therein, the exemption may be increased up to an amount not exceeding ten thousand dollars of the assessed value of the real estate if the owner has attained age sixty-five or is to tally and permanently disabled.

 

Section 7. Allocation of Pari-mutuel Taxes. Taxes upon the operation of pari-mutuel pools may be preempted to the state or allocated in whole or in part to the counties. When allocated to the counties, the distribution shall be in equal amounts to the several counties.

 

Section 8. Aid to Local Governments. State funds may be appropriated to the several counties, school districts, municipalities or special districts upon such conditions as may be provided by general law.

 

Section 9. Local Taxes.

(a) Counties, school districts, and municipalities shall, and special districts may, be authorized by law to levy ad valorem taxes and may be authorized by general law to levy other taxes, for their respective purposes, except ad valore m taxes on intangible personal property and taxes prohibited by this constitution.

(b) Ad valorem taxes, exclusive of taxes levied for the payment of bonds and taxes levied for periods not longer than two years when authorized by vote of the electors who are the owners of freeholds therein not wholly exempt from taxat ion, shall not be levied in excess of the following millages upon the assessed value of real estate and tangible personal property: for all county purposes, ten mills; for all municipal purposes, ten mills; for all school purposes, ten mills; and for spe cial districts a millage authorized by law approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation. A county furnishing municipal services may, to the extent authorized by law, levy additional taxes within the limits fixed for municipal purposes.

 

Section 10. Pledging Credit. Neither the state nor any county, school district, municipality, special district, or agency of any of them, shall become a joint owner with, or stockholder of, or give, lend or use its taxing power or c redit to aid any corporation, association, partnership or person; but this shall not prohibit laws authorizing:

(a) the investment of public trust funds;

(b) the investment of other public funds in obligations of, or insured by, the United States or any of its instrumentalities;

(c) the issuance and sale by any county, municipality, special district or other local governmental body of (1) revenue bonds to finance or refinance the cost of capital projects for airports or port facilities, or (2) revenue bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants to the extent that the interest thereon is exempt from income taxes under the then existing laws of the United States, when, in either case, the revenue bonds are pay able solely from revenue derived from the sale, operation or leasing of the projects. If any project so financed, or any part thereof, is occupied or operated by any private corporation, association, partnership or person pursuant to contract or lease wi th the issuing body, the property interest created by such contract or lease shall be subject to taxation to the same extent as other privately owned property.

 

Section 11. State Bonds; Revenue Bonds.

(a) State bonds pledging the full faith and credit of the state may be issued only to finance or refinance the cost of state capital projects upon approval by a vote of the electors; provided state bonds issued pursuant to this subsecti on (a) may be refunded without a vote of the electors at a lower net average interest cost rate. The total outstanding principal of state bonds issued pursuant to this subsection (a) shall never exceed fifty percent of the total tax revenues of the state for the two preceding fiscal years.

(b) Monies sufficient to pay debt service on state bonds as the same becomes due shall be appropriated by law.

(c) Revenue bonds may be issued by the state or its agencies without a vote of the electors only to finance or refinance the cost of state capital projects and shall be payable solely from funds derived from sources other than state tax revenues or rents or fees paid from state tax revenues.

 

Section 12. Local Bonds. Counties, school districts, municipalities, special districts and local governmental bodies with taxing powers may issue bonds, certificates of indebtedness or any form of tax anticipation certificates, paya ble from ad valorem taxation and maturing more than twelve months after issuance only:

(a) to finance or refinance capital projects authorized by law and only when approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation; or

(b) to refund outstanding bonds and interest and redemption premium thereon at a lower net average interest cost rate.

 

Section 13. Relief from Illegal Taxes. Until payment of all taxes which have been legally assessed upon the property of the same owner, no court shall grant relief from the payment of any tax that may be illegal or illegally assesse d.

 

 

ARTICLE IX

 

EDUCATION

 

Section 1. System of Public Education. Adequate provision shall be made by law for a uniform system of free public schools and for the establishment, maintenance and operation of institutions of higher learning and other public educ ation programs that the needs of the people may require.

 

Section 2. State Board of Education. The governor and the members of the cabinet shall constitute a state board of education, which shall be a body corporate and have such supervision of the system of public education as is provided by law.

 

Section 3. Terms of Appointive Board Members. Members of any appointive board dealing with education may serve terms in excess of four years as provided by law.

 

Section 4. School Districts; School Boards.

(a) Each county shall constitute a school district; provided, two or more contiguous counties, upon vote of the electors of each county pursuant to law, may be combined into one school district. In each school district there shall be a school board composed of five or more members chosen by vote of the electors for appropriately staggered terms of four years, as provided by law.

(b) The school board shall operate, control and supervise all free public schools within the school district and determine the rate of school district taxes within the limits prescribed herein. Two or more school districts may operate and finance joint educational programs.

 

Section 5. Superintendent of Schools. In each school district there shall be a superintendent of schools. He shall be elected at the general election in each year the number of which is a multiple of four for a term of four years; or, when provided by resolution of the district school board, or by special law, approved by vote of the electors, the district school superintendent in any school district shall be employed by the district school board as provided by general law. The re solution or special law may be rescinded or repealed by either procedure after four years.

 

Section 6. State School Fund. The income derived from the state school fund shall, and the principal of the fund may, be appropriated, but only to the support and maintenance of free public schools.

 

 

ARTICLE X

 

MISCELLANEOUS

 

Section 1. Amendments to United States Constitution. The legislature shall not take action on any proposed amendment to the constitution of the United States unless a majority of the members thereof have been elected after the propo sed amendment has been submitted for ratification.

 

Section 2. Militia.

(a) The militia shall be composed of all able-bodied inhabitants of the state who are or have declared their intention to become citizens of the United States; and no person because of religious creed or opinion shall be exempted from m ilitary duty except upon conditions provided by law.

(b) The organizing, equipping, housing, maintaining, and disciplining of the militia, and the safekeeping of public arms may be provided for by law.

(c) The governor shall appoint all commissioned officers of the militia, including an adjutant general who shall be chief of staff. The appointment of all general officers shall be subject to confirmation by the senate.

(d) The qualifications of personnel and officers of the federally recognized national guard, including the adjutant general, and the grounds and proceedings for their discipline and removal shall conform to the appropriate United States army or air force regulations and usages.

 

Section 3. Vacancy in Office. Vacancy in office shall occur upon the creation of an office, upon the death of the incumbent or his removal from office, resignation, succession to another office, unexplained absence for sixty consecu tive days, or failure to maintain the residence required when elected or appointed, and upon failure of one elected or appointed to office to qualify within thirty days from the commencement of the term.

 

Section 4. Homestead; Exemptions.

(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, impro vement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by the head of a family:

(1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the ownerís consent by reason of subsequent inclusion in a muni cipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or his family;

(2) personal property to the value of one thousand dollars.

(b) These exemptions shall inure to the surviving spouse or heirs of the owner.

(c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child. The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if marri ed, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law.

 

Section 5. Coverture and Property. There shall be no distinction between married women and married men in the holding, control, disposition, or encumbering of their property, both real and personal; except that dower or curtesy may be established and regulated by law.

 

Section 6. Eminent Domain.

(a) No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.

(b) Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.

 

Section 7. Lotteries. Lotteries, other than the types of pari-mutuel pools authorized by law as of the effective date of this constitution, are hereby prohibited in this state.

 

Section 8. Census.

(a) Each decennial census of the state taken by the United States shall be an official census of the state.

(b) Each decennial census, for the purpose of classifications based upon population, shall become effective on the thirtieth day after the final adjournment of the regular session of the legislature convened next after certification of the census.

 

Section 9. Repeal of Criminal Statutes. Repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously committed.

 

Section 10. Felony; Definition. The term "felony" as used herein and in the laws of this state shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in th is state, by death or by imprisonment in the state penitentiary.

 

Section 11. Sovereignty Lands. The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sover eignty, in trust for all the people. Sale or private use of portions of such lands may be authorized by law, but only when not contrary to the public interest.

 

Section 12. Rules of Construction. Unless qualified in the text the following rules of construction shall apply to this constitution.

(a) "Herein" refers to the entire constitution.

(b) The singular includes the plural.

(c) The masculine includes the feminine.

(d) "Vote of the electors" means the vote of the majority of those voting on the matter in an election, general or special, in which those participating are limited to the electors of the governmental unit referred to in the t ext.

(e) Vote or other action of a legislative house or other governmental body means the vote or action of a majority or other specified percentage of those members voting on the matter. "Of the membership" means "of all mem bers thereof."

(f) The terms "judicial office," "justices" and "judges" shall not include judges of courts established solely for the trial of violations of ordinances.

(g) "Special law" means a special or local law.

(h) Titles and subtitles shall not be used in construction.

 

Section 13. Suits Against the State. Provision may be made by general law for bringing suit against the state as to all liabilities now existing or hereafter originating.

 

 

ARTICLE XI

 

AMENDMENTS

 

Section 1. Proposal by Legislature. Amendment of a section or revision of one or more articles, or the whole, of this constitution may be proposed by joint resolution agreed to by three-fifths of the membership of each house of the legislature. The full text of the joint resolution and the vote of each member voting shall be entered on the journal of each house.

 

Section 2. Revision Commission.

(a) Within thirty days after the adjournment of the regular session of the legislature convened in the tenth year following that in which this constitution is adopted, and each twentieth year thereafter, there shall be established a con stitution revision commission composed of the following thirty-seven members:

(1) the attorney general of the state;

(2) fifteen members selected by the governor;

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

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

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

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

 

Section 3. Initiative. The power to propose amendments to any section of this constitution by initiative is reserved to the people. It may be invoked by filing with the secretary of state a petition containing a copy of the propose d amendment, signed by a number of electors in each of one-half of the congressional districts of the state, and of the state as a whole, equal to eight per cent of the votes cast in each of such districts respectively and in the state as a whole in the l ast preceding election in which presidential electors were chosen.

 

Section 4. Constitutional Convention.

(a) The power to call a convention to consider a revision of the entire constitution is reserved to the people. It may be invoked by filing with the secretary of state a petition, containing a declaration that a constitutional conventi on is desired, signed by a number of electors in each of one-half of the congressional districts of the state, and of the state as a whole, equal to fifteen per cent of the votes cast in each such district respectively and in the state as a whole in the l ast preceding election of presidential electors.

(b) At the next general election held more than ninety days after the filing of such petition there shall be submitted to the electors of the state the question: "Shall a constitutional convention be held?" If a majority voti ng on the question votes in the affirmative, at the next succeeding general election there shall be elected from each representative district a member of a constitutional convention. On the twenty-first day following that election, the convention shall s it at the capital, elect officers, adopt rules of procedure, judge the election of its membership, and fix a time and place for its future meetings. Not later than ninety days before the next succeeding general election, the convention shall cause to be filed with the secretary of state any revision of this constitution proposed by it.

Section 5. Amendment or Revision Election.

(a) A proposed amendment to or revision of this constitution, or any part of it, shall be submitted to the electors at the next general election held more than ninety days after the joint resolution, initiative petition or report of rev ision commission or constitutional convention proposing it is filed with the secretary of state, unless, pursuant to law enacted by the affirmative vote of three-fourths of the membership of each house of the legislature and limited to a single amendment or revision, it is submitted at an earlier special election held more than ninety days after such filing.

(b) Once in the tenth week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published.

(c) If the proposed amendment or revision is approved by vote of the electors, it shall be effective as an amendment to or revision of the constitution of the state on the first Tuesday after the first Monday in January following the el ection, or on such other date as may be specified in the amendment or revision.

 

 

ARTICLE XII

 

SCHEDULE

 

Section 1. Constitution of 1885 Superseded. Articles I through IV, VII, and IX through XX of the Constitution of Florida adopted in 1885, as amended from time to time, are superseded by this revision except those sections expressly retained and made a part of this revision by reference.

 

Section 2. Property Taxes; Millages. Tax millages authorized in counties, municipalities and special districts, on the date this revision becomes effective, may be continued until reduced by law.

 

Section 3. Officers to Continue in Office. Every person holding office when this revision becomes effective shall continue in office for the remainder of the term if that office is not abolished. If the office is abolished the incu mbent shall be paid adequate compensation, to be fixed by law, for the loss of emoluments for the remainder of the term.

 

Section 4. State Commissioner of Education. The state superintendent of public instruction in office on the effective date of this revision shall become and, for the remainder of the term being served, shall be the commissioner of e ducation.

 

Section 5. Superintendent of Schools.

(a) On the effective date of this revision the county superintendent of public instruction of each county shall become and, for the remainder of the term being served, shall be the superintendent of schools of that district.

(b) The method of selection of the county superintendent of public instruction of each county, as provided by or under the Constitution of 1885, as amended, shall apply to the selection of the district superintendent of schools until ch anged as herein provided.

 

Section 6. Laws Preserved.

(a) All laws in effect upon the adoption of this revision, to the extent not inconsistent with it, shall remain in force until they expire by their terms or are repealed.

(b) All statutes which, under the Constitution of 1885, as amended, apply to the state superintendent of public instruction and those which apply to the county superintendent of public instruction shall under this revision apply, respec tively, to the state commissioner of education and the district superintendent of schools.

 

Section 7. Rights Reserved.

(a) All actions, rights of action, claims, contracts and obligations of individuals, corporations and public bodies or agencies existing on the date this revision becomes effective shall continue to be valid as if this revision had not been adopted. All taxes, penalties, fines and forfeitures owing to the state under the Constitution of 1885, as amended, shall inure to the state under this revision, and all sentences as punishment for crime shall be executed according to their terms.

(b) This revision shall not be retroactive so as to create any right or liability which did not exist under the Constitution of 1885, as amended, based upon matters occurring prior to the adoption of this revision.

 

Section 8. Public Debts Recognized. All bonds, revenue certificates, revenue bonds and tax anticipation certificates issued pursuant to the Constitution of 1885, as amended by the state, any agency, political subdivision or public c orporation of the state shall remain in full force and effect and shall be secured by the same sources of revenue as before the adoption of this revision, and, to the extent necessary to effectuate this section, the applicable provisions of the Constituti on of 1885, as amended, are retained as a part of this revision until payment in full of these public securities.

 

Section 9. Bonds.

(a) Additional Securities. No additional revenue bonds shall be issued pursuant to Article IX, Section 17, of the Constitution of 1885, as amended. Article XII, Section 19, of the Constitution of 1885, as amended, as it existed immedi ately before this revision becomes effective, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim, except bonds or tax anticipation certificates hereafter issued thereunder may bear interest not in excess of five per cent per annum or such higher interest as may be authorized by statute passed by a three-fifths vote of each house of the legislature. No revenue bonds or tax anticipation certificates shall be issued pursuant thereto after June 30, 19 69.

(b) Refunding Bonds. Revenue bonds to finance the cost of state capital projects issued prior to the date this revision becomes effective, including projects of the Florida state turnpike authority or its successor but excluding all po rtions of the state highway system, may be refunded as provided by law without vote of the electors at a lower net average interest cost rate by the issuance of bonds maturing not later than the obligations refunded, secured by the same revenues only.

(c) Motor Vehicle Fuel Taxes.

(1) A state tax, designated "second gas tax," of two cents per gallon upon gasoline and other like products of petroleum and an equivalent tax upon other sources of energy used to propel motor vehicles as levied by Article IX, Section 16, of the Constitution of 1885, as amended, is hereby continued for a period of forty consecutive years. The proceeds of said tax shall be placed monthly in the state roads distribution fund in the state treasury.

(2) Article IX, Section 16, of the Constitution of 1885, as amended, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim for the purpose of providing that after the effective date of this revision the proceeds of the "second gas tax" as referred to therein shall be allocated among the several counties in accordance with the formula stated therein to the extent necessary to comply with all obligations to or for the benefi t of holders of bonds, revenue certificates and tax anticipation certificates or any refundings thereof secured by any portion of the "second gas tax."

(3) No funds anticipated to be allocated under the formula stated in Article IX, Section 16, of the Constitution of 1885, as amended, shall be pledged as security for any obligation hereafter issued or entered into, except that any outs tanding obligations previously issued pledging revenues allocated under said Article IX, Section 16, may be refunded at a lower net average interest cost rate by the issuance of refunding bonds, maturing not later than the obligations refunded, secured by the same revenues and any other security authorized in paragraph (5) of this subsection.

(4) Subject to the requirements of paragraph (2) of this subsection and after payment of administrative expenses, the "second gas tax" shall be allocated to the account of each of the several counties in amounts to be determin ed as follows: There shall be an initial allocation of one-fourth in the ratio of county area to state area, one-fourth in the ratio of the total county population to the total population of the state in accordance with the latest available federal census , and one-half in the ratio of the total "second gas tax" collected on retail sales or use in each county to the total collected in all counties of the state during the previous fiscal year. If the annual debt service requirements of any obliga tions issued for any county, including any deficiencies for prior years, secured under paragraph (2) of this subsection, exceeds the amount which would be allocated to that county under the formula set out in this paragraph, the amounts allocated to other counties shall be reduced proportionately.

(5) Funds allocated under paragraphs (2) and (4) of this subsection shall be administered by the state board of administration created under said Article IX, Section 16, of the Constitution of 1885, as amended, and which is continued as a body corporate for the life of this subsection 9(c). The board shall remit the proceeds of the "second gas tax" in each county account for use in said county as follows: eighty per cent to the state agency supervising the state road system a nd twenty per cent to the governing body of the county. The percentage allocated to the county may be increased by general law. The proceeds of the "second gas tax" subject to allocation to the several counties under this paragraph (5) shall b e used first, for the payment of obligations pledging revenues allocated pursuant to Article IX, Section 16, of the Constitution of 1885, as amended, and any refundings thereof; second, for the payment of debt service on bonds issued as provided by this p aragraph (5) to finance the acquisition and construction of roads as defined by law; and third, for the acquisition and construction of roads. When authorized by law, state bonds pledging the full faith and credit of the state may be issued without any e lection: (i) to refund obligations secured by any portion of the "second gas tax" allocated to a county under Article IX, Section 16, of the Constitution of 1885, as amended; (ii) to finance the acquisition and construction of roads in a county when approved by the governing body of the county and the state agency supervising the state road system; and (iii) to refund obligations secured by any portion of the "second gas tax" allocated under paragraph 9(c)(4). No such bonds shall be i ssued unless a state fiscal agency created by law has made a determination that in no state fiscal year will the debt service requirements of the bonds and all other bonds secured by the pledged portion of the "second gas tax" allocated to the c ounty exceed seventy-five per cent of the pledged portion of the "second gas tax" allocated to that county for the preceding state fiscal year, of the pledged net tolls from existing facilities collected in the preceding state fiscal year, and o f the annual average net tolls anticipated during the first five years of operation of new projects to be financed. Bonds issued pursuant to this subsection shall be payable primarily from the pledged tolls and portions of the "second gas tax" allocated to that county.

(d) School Bonds. Article XII, Section 18, of the Constitution of 1885, as amended, as it existed immediately before this revision becomes effective is adopted by this reference as part of this revision as completely as though incorpor ated herein verbatim, except bonds or tax anticipation certificates hereafter issued thereunder may bear interest not in excess of five per cent per annum or such higher interest as may be authorized by statute passed by a three-fifths vote of each house of the legislature. Bonds issued pursuant to this subsection (d) shall be payable primarily from revenues as provided in Article XII, Section 18, of the Constitution of 1885, as amended, and if authorized by law, may be additionally secured by pledging t he full faith and credit of the state without an election. When authorized by law, bonds issued pursuant to Article XII, Section 18, of the Constitution of 1885, as amended, and bonds issued pursuant to this subsection (d), may be refunded by the issuanc e of bonds additionally secured by the full faith and credit of the state only at a lower net average interest cost rate.

(e) Debt Limitation. Bonds issued pursuant to this Section 9 of Article XII which are payable primarily from revenues pledged pursuant to this section shall not be included in applying the limits upon the amount of state bonds containe d in Section 11, Article VII, of this revision.

 

Section 10. Preservation of Existing Government. All provisions of Articles I through IV, VII and IX through XX of the Constitution of 1885, as amended, not embraced herein which are not inconsistent with this revision shall become statutes subject to modification or repeal as are other statutes.

 

Section 11. Deletion of Obsolete Schedule Items. The legislature shall have power, by joint resolution, to delete from this revision any section of this Article XII, including this section, when all events to which the section to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this section shall be subject to judicial review.

 

Section 12. Senators. The requirements of staggered terms of senators in Section 15(a), of Article III of this revision shall apply only to senators elected in November, 1972, and thereafter.

 

Section 13. Legislative Apportionment. The requirements of legislative apportionment in Section 16 of Article III of this revision shall apply only to the apportionment of the legislature following the decennial census of 1970, and thereafter.

 

Section 14. Representatives; Terms. The legislature at its first regular session following the ratification of this revision, by joint resolution, shall propose to the electors of the state for ratification or rejection in the gener al election of 1970 an amendment to Article III, Section 15(b), of the constitution providing staggered terms of four years for members of the house of representatives.

 

Section 15. Special District Taxes. Ad valorem taxing power vested by law in special districts existing when this revision becomes effective shall not be abrogated by Section 9(b) of Article VII herein, but such powers, except to th e extent necessary to pay outstanding debts, may be restricted or withdrawn by law.

Section 16. Reorganization. The requirement of Section 6, Article IV of this revision shall not apply until July 1, 1969.

 

Section 17. Conflicting Provisions. This schedule is designed to effect the orderly transition of government from the Constitution of 1885, as amended, to this revision and shall control in all cases of conflict with any part of Art icles I through IV, VII, and IX through XI herein.

 

Filed in Office Secretary of State July 17, 1968.

 

 

__________

 

 

HOUSE JOINT RESOLUTION NO. 5-2X

 

A JOINT RESOLUTION withdrawing House Joint Resolution No. 100-X, adopted at the session of the legislature of the State of Florida which convened on January 29, 1968, and entitled, "A joint resolution abolishing the office of Super intendent of Public Instruction as an elected official and abolishing the State Board of Education as a constitutional board by proposing an amendment to Section 20 of Article IV of the State Constitution by eliminating the Superintendent of Public Instru ction from the Governorís Cabinet; repealing Section 25 of Article XII by providing for a board of education to be established by law."

 

WHEREAS the session of the legislature of Florida which convened on January 29, 1968, did adopt a joint resolution designated House Joint Resolution No. 100-X, and entitled, "A joint resolution abolishing the office of Superintende nt of Public Instruction as an elected official and abolishing the State Board of Education as a constitutional board by proposing an amendment to Section 20 of Article IV of the State Constitution by eliminating the Superintendent of Public Instruction f rom the Governorís Cabinet; repealing Section 25 of Article IV; and proposing an amendment to Section 3 of Article XII by providing for a board of education to be established by law," and

 

WHEREAS the legislature of Florida is now in session pursuant to the call of the Governor for the purpose of proposing a revised constitution for the State of Florida, and

 

WHEREAS grave doubt exists as to the constitutional validity of a submission to the electors for ratification or rejection at the same election, of an amendment to and a revision of the constitution, and

 

WHEREAS the great public need for a revision of the constitution as a whole far exceeds the importance of the contents of House Joint Resolution No. 100-X;

 

Now, therefore,

 

Be it Resolved by the Legislature of the State of Florida:

 

That House Joint Resolution No. 100-X, entitled, "A joint resolution abolishing the office of Superintendent of Public Instruction as an elected official and abolishing the State Board of Education as a constitutional board by proposing an amendment to Section 20 of Article IV of the State Constitution by eliminating the Superintendent of Public Instruction from the Governorís Cabinet; repealing Section 25 of Article IV; and proposing an amendment to Section 3 of Article XII by providing for a board of education to be established by law," be and the same is hereby rescinded, revoked, annulled and withdrawn; the amendment to the Constitution of Florida proposed thereby shall not be submitted to the electors and the secretar y of state is directed to withhold said resolution from the ballot in the next general election to be held in November 1968.

 

Filed in Office Secretary of State July 17, 1968.

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