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Related Materials:

Supreme Court Opinion (363 So.2d 337)

{Retaining Casino Gambling Initiative on Ballot}

"Proposed 1978 Florida Constitution Revision; and Proposal on Casino Gambling,"

by Manning J. Dauer.

Civic Information Series, No. 61, Public Administration Clearing Service,

University of Florida. 1978.

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AS PROPOSED BY THE

FLORIDA CONSTITUTION REVISION

COMMISSION

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BASIC DOCUMENT

Ballot Language.

Proposing a revision of the Florida Constitution, generally described as the Basic Document, embracing the subject matter of Articles I (Declaration of Rights), II (General Provisions), III (Legislature), IV (Executive), V (Judiciary), VI (Suffrage and Elections), VIII (Local Government), X (Miscellaneous), XI (Amendments) and XII (Schedule), except for other revisions separately submitted for a vote on this ballot.

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.

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ARTICLE I

DECLARATION OF RIGHTS

Section 1. Political Power. All political power is inherent in the people. Rights guaranteed by this constitution are not dependent on those guaranteed by the Constitution of the United States. The enunciation herein of certain ri ghts 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, religion, sex, or physical handicap.

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. Binding arbitration is prohibited to resolve impasse in collective bargaining negotiations concerning wages, hours and terms and conditions of employment between public employees and a public emp loyer. 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. Any natural person having knowledge or possession of facts that tend to establish the guilt of any other person under the laws of the state shall not be excused from giving testimony or producing evidence, when legally called upon to do so, on the ground that it may tend to incriminate him under the laws of the state; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may so testify.

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. Release Prior to Trial. Until adjudged guilty, every person charged with a crime or violation of municipal or county ordinance shall be released upon conditions reasonable under the circumstances to secure his appearance at future court proceedings including monetary bail when no other method is adequate. No person charged with a capital offense or an offense punishable by life imprisonment shall be released prior to trial when the proof of guilt is evident or the presu mption is great.

Section 15. Prosecution for Crime: Testimony before Grand Jury; Right to Council before Grand Jury; Offenses Committed by Children.

(a) No person shall be tried for capital crime without presentment or indictment returned by a two-thirds vote of the members of a grand jury, or for other felony without such presentment or indictment returned by a two-thirds vote of t he members of a grand jury or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial.

(b) Any person called to testify before a grand jury shall be advised of his right to counsel and shall not be compelled to testify against himself unless granted immunity. A witness shall have the right to be accompanied by, and recei ve the advice of, counsel during his testimony. Prior to giving testimony, a person under investigation by a grand jury shall be advised that he is under investigation.

(c) 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 Punishment. 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. Natural Resources; Scenic Beauty; Use of Public Beaches. It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise. All publicly owned, leased, or managed beaches and seashore recreational areas shall be open to the public without differentiation as to terms and conditions of use.

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.

Section. 23. Right of Privacy. Every natural person has the right to be let alone and free from governmental intrusion into his private life except as otherwise provided herein.

Section 24. Public Records. No person shall be denied the right to examine any public record made or received in connection with the public business by any nonjudicial public officer or employee in the state or by persons acting on the officer’s or employee’s behalf. The legislature may exempt records by general law when it is essential to accomplish overriding governmental purposes or to protect privacy interests.

Schedule to Article I, Section 24. This section shall become effective June 1, 1979.

Section 25. Open Meetings. No person shall be denied access to any meeting at which official acts are to be taken by any nonjudicial collegial public body in the state or by persons acting together on behalf of such a public body. The legislature may exempt meetings by general law when it is essential to accomplish overriding governmental purposes or to protect privacy interests.

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 intersect; 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 27 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 Riv er; 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 direction 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 leagues from Loggerhead Key, the westernmost of the Dry Tortugas Islan ds; 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 no rtherly 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 northerly 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 o f 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 othe r 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 or hold such other non-elective offices as provided by general law. No person who has, or but for resignation would have, served in an executive statewide el ective office for more than six years in two consecutive terms shall be elected to that office for the succeeding term.

(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 Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state ; and that I will well and faithfully perform the duties of . . . (title of office) . . . on which I am now about to enter. So help me God."

and thereafter shall devote personal attention to the duties of the office, and continue in office until his successor qualifies.

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

Schedule to Article II, Section 5. In the event the revision to Article II, Section 5(a), prohibiting statewide elected officers from serving more than two consecutive terms, is adopted, executive statewide elected officers in office o n the date this constitution becomes effective shall thereafter be eligible to serve one additional consecutive term.

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 operation during the emergency. In exercising these powers, the legislature may de part from other requirements of this constitution, but only to the extent necessary to meet the emergency.

Section 7. Ethics in Government. A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right:

(a) All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.

(b) All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances.

(c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery an d additional damages may be provided by law.

(d) Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provide d by law.

(e) No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. No member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals. Similar restrictions on other public offi cers and employees may be established by law.

(f) There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualification s commission.

(g) This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests.

Schedule to Article II, Section 7. On the effective date of this amendment and until changed by law:

(a) Full and public disclosure of financial interests shall mean filing with the secretary of state by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of $1,000 and its value to gether with one of the following:

(1) A copy of the person’s most recent federal income tax return; or

(2) A sworn statement which identifies each separate source and amount of income which exceeds $1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commissio n established in subsection (f), and such rules shall include disclosure of secondary sources of income.

(b) Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (a) of this schedule.

(c) The independent commission provided for in subsection (f) shall mean the Florida Commission on Ethics.

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 representative s 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 presiding officer selected from its membership, who shall serve at its pleasure. The presiding officer shall be designated in the senate as president of the senate, and in the house as speaker of the house of representatives. Upon a vacancy in the office of a presiding officer, the president pro tempore or the speaker pro tempore, as the case may be, shall automatically succeed to the office. The senate shall designate a secretary to serve at its pleasure, and the house of representative shall designate a clerk to serve at its pleasure.

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 second Tuesday in February of each year, unless otherwise provided by law.

(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) By a majority vote of its membership each house may discipline a member and, by a two-thirds vote of its membership, may expel a member. Upon the call of the presiding officer, either house shall convene for such purposes whether o r not the other house is in session.

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 shall 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; provide d that publication in the journal shall satisfy the requirement of the first reading. On each 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 approval and shall become a law if he approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, he shall have thirty consecutive days from the date of presentation to act on the bill. In all cases except general appropriation bills, the veto shall exte nd 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, reenact 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 sha ll become law or the specific appropriation reinstated, the veto notwithstanding. A vetoed bill or vetoed specific appropriation shall not be considered later than the adjournment of the next regular session following the session in which such bill or ap propriation was passed.

Section 9. Effective Date of Law. 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 or 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) dissolution of marriage;

(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.

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 whi ch are not multiples of four; except, at the election next following a reapportionment, one half of the 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 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 and Congressional Reapportionment.

Section 17. Impeachment.

(a) The governor, lieutenant governor, statewide elected constitutional officers, justices of the supreme court, judges of district courts of appeal, judges of circuit courts and judges of county courts shall be liable to impeachment fo r misdemeanor in office. The house of representative by two-thirds vote of the membership shall have the power to impeach an officer and upon the call of the speaker shall convene for this purpose whether or not the senate is in session. 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 or anot her justice, in which case the presiding officer shall be a judicial officer other than a justice selected in a manner provided by law. The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of re presentatives be in session or not. The time fixed for trial shall not be more than six months after 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 membership of the senate. Judgment of conviction in cases of impeachment shall 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 nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law.

Section 19. Review of Rules.

(a) The legislature shall maintain continuing oversight of rules promulgated by agencies of the executive branch of government.

(b) The legislature may establish a joint legislative committee to review continuously the rules adopted by agencies of the executive branch. After reasonable notice to the agency, the joint committee may seek judicial review of the va lidity of an administrative rule exceeding delegated authority. The review shall be in an expedited proceeding before the supreme court or such court as the supreme court by rule may designate. The court shall suspend the rule pending judicial determina tion of its validity.

Section 20. Auditor General. The legislature, by a majority vote of the membership of each house, shall appoint an independent auditor general who shall be a certified public accountant licensed to practice in this state and have su ch other qualifications as are prescribed by law. The auditor general shall serve at the pleasure of the legislature.

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 be the chief law enforcement officer of the state. He shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government. He may require information in writing from all executive or administrative s tate, county or municipal officers upon any subject relating to 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 interest 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 p ublic 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.

(g) (See Revision No.4)

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.

Section 4. Cabinet.

Section 5. Election of Governor and Lieutenant Governor; Qualifications; Terms.

Section 6. Executive Department.

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 Stat es, or any officer of a school district or a special district authorized by law to levy ad valorem taxes, or any municipal or county officer holding an elective office, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent in ability 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) Any state officer subject to impeachment, if indicted or informed against for a felony, may disqualify himself from performing any official duties until acquitted or until the indictment or information is dismissed, by filing an irr evocable notice of disqualification with the secretary of state. The lieutenant governor and any statewide elected constitutional officer, if indicted for a felony, may be disqualified by the governor by the filing of an executive order from performing a ny official duties until acquitted or until the indictment is dismissed. The governor may, by appointment, fill the office during the period of any disqualification. If the governor disqualifies himself, the lieutenant governor shall act as governor dur ing the period of disqualification.

Section 8. Clemency.

(a) (See Revision No. 4)

(b) There may be created by law a parole commission to 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 commis sion and commission procedures shall be prescribed by law.

Schedule With Regard to Abolition of Cabinet.

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 subject to confirmation by the senate for staggered terms of five years. The commission shall exercise the regulatory and executive 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 re gulations of the commission shall be prescribed by special statute. The legislature may enact laws in aid of the commission, not inconsistent with this section. The commission’s exercise of executive powers in the area of planning, budgeting, personnel management, and purchasing shall be as provided by law. Revenue derived from such license fees shall be appropriated to the commission by the legislature for the purpose of management, protection and conservation of wild animal life and fresh water aquat ic life.

Section 10. Public Service Commission and Public Counsel.

Section 11. Department of Health. There shall be a department of health, the head of which shall be a physician with training in public health who is appointed by the governor and confirmed by the senate. The department shall have supervision of matters pertaining to the protection and promotion of the health of the people of Florida as prescribed by law.

Schedule to Article IV, Section 11. This section shall take effect on July 1, 1979.

ARTICLE V

JUDICIARY

Section 1. Courts. The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality. The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters conn ected with the functions of their offices. All judicial hearings and records and all proceedings and records of judicial agencies except grand and petit juries shall be open and accessible to the people. When it is essential to accomplish overriding gov ernmental purposes or to protect privacy interests, the supreme court by rule or the legislature by general law may exempt hearings, proceedings and records from this section.

Section 2. Administration; Practice and Procedure.

(a) The supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any pro ceeding when the jurisdiction of another court has been improvidently invoked, and a requirement that no cause shall be dismissed because an improper remedy has been sought. These rules may be repealed by general law enacted by two-thirds vote of the mem bership of each house of the legislature.

(b) The chief justice of the supreme court shall be chosen by a majority of the members of the court. He shall be the chief administrative officer of the judicial system. He shall have the power to assign justices or judges, including consenting retired justices or judges, to temporary duty in any court for which the judge is qualified and to delegate to a chief judge of a judicial circuit the power to assign judges for duty in his respective circuit. The budget for the judicial bran ch shall be submitted directly to the legislature as provided by law.

(c) A chief judge for each district court of appeal shall be chosen by a majority of the judges thereof or, if there is no majority, by the chief justice. The chief judge shall be responsible for the administrative supervision of the c ourt.

(d) A chief judge in each circuit shall be chosen from among the circuit judges as provided by supreme court rule. The chief judge shall be responsible for the administrative supervision of the circuit courts and county courts in his c ircuit.

Section 3. Supreme Court.

(a) Organization. The supreme court shall consist of seven justices. Five justices shall constitute a quorum. The concurrence of four justices shall be necessary to a decision.

(b) Jurisdiction. The supreme court:

(1) Shall hear appeals from final judgments of trial courts imposing the death penalty and, upon application of the defendant, shall hear appeals from final judgments of convictions in which the death penalty could have been imposed. I f an appeal from a conviction in which a life sentence was imposed results in retrial, the life sentence shall be the maximum penalty imposed on retrial. The supreme court shall also hear appeals from orders of trial courts and decisions of district cour ts of appeal initially and directly passing on the validity of a state statute or a federal statute or treaty, or construing a provision of the state or federal constitution.

(2) When provided by general law, shall hear appeals from final judgments and orders of trial courts imposing life imprisonment or final judgments entered in proceedings for the validation of bonds or certificates of indebtedness.

(3) (See Revision No. 5)

(4) May issue writs of prohibition to courts and commissions in causes within the jurisdiction of the supreme court to review, and all writs necessary to the complete exercise of its jurisdiction.

(5) May issue writs of mandamus and quo warranto to state officers and state agencies.

(6) May, or any justice may, issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.

(7) Shall have the power of direct review of administrative action prescribed by general law.

(c) Clerk and Marshal. The supreme court shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court directs. Their compensation shall be fixed by general law. The m arshal shall have the power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.

Schedule to Article V, Section 3. The provision in subsection 3(b)(1) which allows a defendant upon application to appeal to the supreme court in cases where the death penalty could have been imposed, shall only apply to those cases wh ere the final judgments are entered on or after January 1, 1979.

Section 4. District Courts of Appeal.

(a) Organization. There shall a district court of appeal serving each appellate district. Each district court of appeal shall consist of at least three judges. Three judges shall consider each case and the concurrence of two shall be necessary to a decision.

(b) Jurisdiction.

(1) District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appe alable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court.

(2) District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law.

(3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof or before any circuit judge within the territorial jurisdiction of the court. A district court of app eal may issue writs of mandamus, certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts.

(c) Clerks and Marshals. Each district court of appeal shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court directs. Their compensation shall be fixed by gener al law. The marshal shall have the power to execute the process of the court throughout the territorial jurisdiction of the court, and in any county may deputize the sheriff or a deputy sheriff for such purpose.

Section 5. Circuit Courts.

(a) Organization. There shall be a circuit court serving each judicial circuit.

(b) Jurisdiction. The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs of mandamus, quo warranto, certio rari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of their jurisdiction. Jurisdiction of the circuit court shall be uniform throughout the state. They shall have the power of direct review of administrative action prescribed by general law.

Section 6. County Courts.

(a) Organization. There shall be a county court in each county. There shall be one or more judges for each county court as prescribed by general law.

(b) Jurisdiction. The county courts shall exercise the jurisdiction prescribed by general law. Such jurisdiction shall be uniform throughout the state.

Section 7. Specialized Divisions. All courts except the supreme court may sit in divisions as may be established by supreme court rule. A circuit or county court may hold civil and criminal trials and hearings in any place within t he territorial jurisdiction of the court as designated by the chief judge of the circuit.

Section 8. Eligibility. No person shall be eligible for the office of justice or judge of any court unless he is an elector of the state and resides in the territorial jurisdiction of the respective court. The legislature may presc ribe a retirement age of not less than seventy years of age for justices and judges. No person is eligible for the office of justice of the supreme court or judge of a district court of appeal unless he is, and has been for the preceding ten years, a mem ber of the bar of Florida. No person is eligible for the office of circuit judge unless he is, and has been for the preceding five years, a member of the bar of Florida. No person is eligible for the office of county court judge unless he is a member of the bar of Florida.

Schedule to Article V, Section 8.

(a) Until hanged by law, no justices or judge shall serve after attaining the age of seventy years except upon temporary assignment or to complete a term, one-half of which he has served.

(b) Any county court judge in office on the date this article is adopted shall not be ineligible to serve as a county court judge merely because of non-membership in the bar of Florida as long as such judge’s service is continuous.

Section 9. Determination of Number of Judges. The supreme court shall establish by rule uniform criteria for the determination of the need for additional judges except supreme court justices, the necessity for decreasing the number of judges and for increasing, decreasing or redefining appellate districts and judicial circuits. If the supreme court finds that a need exists for increasing or decreasing the number of judges or increasing, decreasing or redefining appellate districts and judicial circuits, it shall, prior to the next regular session of the legislature, certify to the legislature its findings and recommendations concerning such need. Upon receipt of such certificate, the legislature, at the next regular session, shal l consider the findings and recommendations and may reject the recommendations or by law implement the recommendations in whole or in part; provided the legislature may create more judicial offices than are recommended by the supreme court or may decrease the number of judicial offices by a greater number than recommended by the court only upon a finding of two-thirds of the membership of both houses of the legislature, that such a need exists. A decrease in the number of judges shall be effective only a fter the expiration of a term. If the supreme court fails to make findings as provided above when need exists, the legislature may by concurrent resolution request the court to certify its findings and recommendations and upon the failure of the court to certify its findings for nine consecutive months, the legislature may, upon a finding of two-thirds of the membership of both houses of the legislature that a need exists, increase or decrease the number of judges or increase, decrease or redefine appell ate districts and judicial circuits.

Section 10. Retention; Election and Terms.

Section 11. Vacancies.

(a) (See Revision No.6)

(b) (See Revision No.6)

(c) (See Revision No.6)

(c) There shall be a separate judicial nominating commission as provided by general law for the supreme court, each district court of appeal, and each judicial circuit for all trial courts within the circuit. Uniform rules of proce dure for the judicial nominating commissions shall be prescribed by the supreme court. All proceedings and records of the judicial nominating commissions shall be open and accessible to the public. The supreme court may by rule exempt portions of the pr oceedings and records from this provision when it is essential to accomplish overriding governmental purposes or to protect privacy interests.

Section 12. Discipline; Removal and Retirement.

(a) There shall be a judicial qualifications commission vested with jurisdiction to investigate and recommend to the Supreme Court of Florida the removal from office of any justice or judge whose conduct, during term of office or otherw ise occurring on or after November 1, 1966, (without regard to the effective date of this section) demonstrates a present unfitness to hold office, and to investigate and recommend the reprimand of a justice or judge whose conduct, during term of office o r otherwise occurring on or after November 1, 1966 (without regard to the effective date of this section), warrants such a reprimand.

The commission shall be composed of:

(1) Two judges of district courts of appeal selected by the judges of those courts, two circuit judges selected by the judges of the circuit courts and two judges of county courts selected by the judges of those courts;

(2) Two electors who reside in the state, who are members of the bar of Florida, and who shall be chosen by the governing body of the bar of Florida; and

(3) Five electors who reside in the state, who have never held judicial office or been members of the bar of Florida, and who shall be appointed by the governor.

(b) The members of the judicial qualifications commission shall serve staggered terms, not to exceed six years, as prescribed by general law. No member appointed by the governing body of the bar of Florida shall be eligible to serve co nsecutive terms. No member of the commission except a justice or judge shall be eligible for state judicial office so long as he is a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a p olitical party or participate in any campaign for judicial office or hold public office; provided that a judge may participate in his own campaign for judicial office and hold that office. The commission shall elect one of its members as its chairman.

(c) Members of the judicial qualifications commission not subject to impeachment shall be subject to removal from the commission pursuant to the provisions of Article IV, Section 7, Florida Constitution.

(d) The commission shall adopt rules regulating its proceedings, the filling of vacancies by the appointing authorities, the disqualification of members, and temporary replacement of disqualified or incapacitated members. The commissio n’s rules, or any part thereof, may be repealed by general law enacted by a majority vote of the membership of each house of the legislature, or by the supreme court, five justices concurring. Until formal charges against a justice or judge are filed by the commission with the clerk of the supreme court of Florida all proceedings by or before the commission shall be confidential; provided, however, upon a finding of probable cause and the filing by the commission with said clerk of such formal charges ag ainst a justice or judge such charges and all further proceedings before the commission shall be public. The commission may with seven members concurring recommend to the supreme court the temporary suspension of any justice or judge against whom formal charges are pending.

(e) The commission shall have access to all information from all executive, legislative and judicial agencies, including grand juries, subject to the rules of the commission. At any time, on request of the speaker of the house of repre sentatives or the governor, the commission shall make available all information in the possession of the commission for use in consideration of impeachment or suspension, respectively.

(f) Upon recommendation of two-thirds of the members of the judicial qualifications commission, the supreme court may order that the justice or judge be disciplined by appropriate reprimand, or be removed from office with termination of compensation for willful or persistent failure to perform his duties or for other conduct unbecoming a member of the judiciary demonstrating a present unfitness to hold office, or be involuntary retired for any permanent disability that seriously interfe res with the performance of his duties. Malafides, scienter or moral turpitude on the part of a justice or judge shall not be required for removal from office of a justice or judge whose conduct demonstrates a present unfitness to hold office. After the filing of a formal proceeding and upon request of the commission, the supreme court may suspend the justice or judge from office, with or without compensation, pending final determination of the inquiry.

(g) The power of removal conferred by this section shall be both alternative and cumulative to the power of impeachment.

(h) Notwithstanding any of the foregoing provisions of this section, if the person who is the subject of proceedings by the judicial qualifications commission is a justice of the supreme court of Florida all justices of such court autom atically shall be disqualified to sit as justices of such court with respect to all proceedings therein concerning such person and the supreme court for such purposes shall be composed of a panel consisting of the seven chief judges of the judicial circui ts of the state of Florida most senior in tenure of judicial office as circuit judge. For purposes of determining seniority of such circuit judges in the event there be judges of equal tenure in judicial office as circuit judge the judge or judges from t he lower numbered circuit or circuits shall be deemed senior. In the event any such chief circuit judge is under investigation by the judicial qualifications commission or is otherwise disqualified or unable to serve on the panel, the next most senior ch ief circuit judge or judges shall serve in place of such disqualified or disabled chief circuit judge.

Section 13. Prohibited Activities. All justices and judges shall devote full time to their judicial duties. They shall not engage in the practice of law or hold office in any political party.

Section 14. Judicial Salaries. All justices and judges shall be compensated only by state salaries fixed by general law. The judiciary shall have no power to fix appropriations.

Section 15. Attorneys; Admission and Discipline. The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted.

Section 16. Clerks of the Circuit Courts. There shall be in each county a clerk of the circuit court who shall be selected pursuant to the provisions of Article VIII Section 1. The duties of the clerk of the circuit court may be di vided by special or general law between two officers, one serving as clerk of court and recorder, and one serving as ex officio clerk of the board of county commissioners, auditor, and custodian of all county funds. There may be a clerk of the county cou rt if authorized by general or special law.

Schedule to Article V, Section 16. The revision to this section shall not invalidate any plan for the division of the clerk’s duties which was adopted prior to the effective date of the revised constitution.

Section 17. District Attorneys. In each judicial circuit a district attorney shall be elected for a term of four years. He shall be the prosecuting officer of all trial courts in that circuit and shall perform other duties prescrib ed by general law; provided, however, when authorized by general law, the violations of all municipal ordinances may be prosecuted by municipal prosecutors. A district attorney shall be an elector of the state and reside in the territorial jurisdiction o f the circuit. He shall be and have been a member of the bar of Florida for the preceding five years. He shall devote full time to his duties, and he shall not engage in the private practice of law. District attorneys shall appoint such assistant distr ict attorneys as may be authorized by law.

Section 18. Public Defenders. In each judicial circuit a public defender shall be elected for a term of four years. He shall perform duties prescribed by general law. A public defender shall be an elector of the state and reside i n the territorial jurisdiction of the circuit. He shall be and have been a member of the bar of Florida for the preceding five years. Public defenders shall appoint such assistant public defenders as may be authorized by law.

Section 19. Judicial Officers as Conservators of the Peace. All judicial officers in this state shall be conservators of the peace.

Schedule to Article V. Unless otherwise provided for in this constitution, each court of this state shall have the jurisdiction immediately theretofore exercised by it, and it shall determine all proceedings pending before it on the ef fective date of this constitution.

ARTICLE VI

SUFFRAGE AND ELECTIONS

Section 1. Regulation of Elections. All elections by the people shall be by direct and secret vote at places accessible to the public. General elections shall be determined by a plurality of votes cast. Registration and elections shall, and political party functions may, be regulated by law.

Section 2. Electors. Any citizen of the United States eighteen years of age or older who complies with the registration and residence requirements provided by law shall be an elector.

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 while incarcerated, on parole, or on probation, as a result of having been adjudicated guilty of a felony, shall be qualified to vote or hold office, nor shall a person adjudicated in this or any other state to be mentally incompetent be qualified to vote or hold office until adjudicated competent in a manner provided by law.

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.

ARTICLE VII

FINANCE AND TAXATION

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 property appraiser, a supervisor of elections, and a clerk of the circuit court; except when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are tran sferred 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 al l county funds. The duties of the clerk of the circuit court may be divided as provided in Article V, Section 16.

(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, and prior to such division, the electors shall determine under a procedure prescribed by law whether commissio ners shall be elected county-wide or from districts which are single-member or a combination thereof, except in counties which have charters.

Schedule to Article VIII, Section 1. The election to determine the type of districting under Article VIII, Section 1(e) shall be held during the general election November, 1980, and each 10 years thereafter, unless otherwise provided b y law.

(f) Non-charter Government. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter 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 for the benefit of the property or residents in unincorporated areas, when such services are of no real and substantial benefit to property or residents within the municipalities.

(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. 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 bee rs shall be regulated by law.

Schedule to Article VIII.

(a) 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.

(b) 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.

(c) 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.

(d) Consolidation and Home Rule. Consolidation and home rule provisions contained in the 1885 and 1968 constitutions, as amended, and charters or plans adopted pursuant thereto and in effect on the date of adoption of this revision, in cluding all amendments thereto, shall remain in full force and effect until the affected county or municipality expressly adopts a new charter or home rule plan pursuant to this article.

(e) 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.

ARTICLE IX

EDUCATION

ARTICLE X

MISCELLANEOUS

Section 1. Militia.

(a) The militia shall be composed of all ablebodied 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 mi litary 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 grounds and proceedings for their discipline and removal shall conform to the appropriate Untied States arm y or air force regulations and usages.

Section 2. 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 3. Homestead; Forced Sale Exemptions; Restraints on Devise and Alienation.

(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 any natural person:

(1) A homestead, to the extent of one hundred sixty acres of contiguous land and improvements thereon, the acreage of which is used for agricultural purposes; or, a homestead to the extent of one acre of contiguous land, and improvement s thereon, upon which the exemption shall be limited to the residence of the owner or his family. A homestead as used in this subsection includes a mobile or modular home maintained as the residence of the owner or his family;

(2) Personal property to the value of three 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, except the homestead may be devised to the owner’s spouse if there be no 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 married, 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 4. 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.

Section 5. 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 6. Lotteries. Lotteries, other than the types of pari-mutuel pools authorized by law as of the effective date if this constitution, are hereby prohibited in this state.

Section 7. 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 8. Repeal of Criminal Statutes. Repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously committed.

Section 9. 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 10. 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 of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest.

Section 11. 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 memb ers thereof."

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

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

(h) (See Revision No.7)

Section 12. No Sovereign Immunity in Contract or in Tort. The doctrine of sovereign immunity shall not be applicable in this state in contract or in tort for personal injury, wrongful death or property damage. Punitive damages shal l not be recoverable against the state, counties, school districts, municipalities, special districts or any of their agencies.

Section 13. Retirement Systems Benefit Changes. A governmental unit responsible for any retirement or pension system supported in whole or in part by public funds shall not provide any increase in the benefits to the members or bene ficiaries of such system unless such unit has made or concurrently makes provision for the funding of such increase on a sound actuarial basis which has been determined as provided by law.

Section 14. State Compensation Commission. There shall be a state compensation commission composed of a number of members equal to the number of congressional districts in the state. One member shall reside in each congressional di strict but none may be elected public officers or employees of constitutional officers. The members of the commission shall be appointed by the governor and confirmed by the senate. The members shall select one of their number to chair the commission. Every two years the commission shall recommend the compensation of all officers provided for in this constitution in the manner provided by law.

ARTICLE X

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.

Section 3. Initiative. The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment shall embrace but one subje ct and matter directly connected therewith. It may be invoked by filing with the secretary of state a copy of the proposed revision or amendment and within two years of such filing a petition signed by a number of electors in each of one-half of the cong ressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last 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 here shall be submitted to the electors of the state the question: "Shall a constitutional convention be held?" If a majority votin g 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 si t 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 f iled 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) Prior to being submitted to the electors, a proposed amendment or revision shall be publicized in one or both of the following ways:

(1) At least two weeks prior to the week in which the election is held, the full text of the amendment or revision, together with the arguments for and against it, shall be mailed to each address in the state at which a registered voter resides.

(2) 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.

(d) If conflicting amendments to or revisions of this constitution are submitted to the electors, and are approved by them, at the same election, the amendment or revision receiving the greatest number of votes shall be deemed to supers ede the other to the extent of such conflict.

(e) The question whether two or more amendments or revisions are in conflict shall be directly reviewable in an expedited proceeding before the supreme court.

(f) Subsections (d) and (e) hereof shall become effective immediately on the date this constitution is adopted. It shall apply to conflicting amendments and revisions adopted simultaneously at the 1978 general election.

ARTICLE XII

SCHEDULE

Section 1. Purpose of Schedule. This schedule is designed to effect the orderly transition of government from the constitution of 1968, as amended, to this revision.

Section 2. Constitutions of 1885 and 1968 Superseded. The Constitutions of Florida adopted in 1885 and 1968 are superseded by this revision except those sections expressly retained and made a part of this revision by reference.

Section 3. Upon the adoption of this revised constitution, and prior to promulgation and publication, the secretary of state shall transfer and consolidate all schedule provisions contained herein to this article and renumber accordi ngly.

Section 4. 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 5. Laws Preserved. 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.

Section 6. 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 Constitutions of 1885 and 1968, as amended, shall inure to the state under this revision, and all sentences as punishment for crime shall be executed according to thei r terms.

(b) This revision shall not be retroactive so as to create any right or liability which did not exist under the Constitutions of 1885 and 1968, as amended, based upon matters occurring prior to the adoption of this revision.

Section 7. Public Debts Recognized. All bonds, revenue certificates, revenue bonds and tax anticipation certificates issued pursuant to the Constitutions of 1885 and 1968, as amended by the state, any agency, political subdivision o r public corporation 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 Constitutions of 1885 and 1968, as amended, are retained as a part of this revision until payment in full of these public securities.

Section 8. 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 the extent necessary to pay outstanding debts, may be restricted or withdrawn by law.

Section 9. Bonds.

(a) Additional Securities.

(1) Article IX, Section 17, of the Constitution of 1885, as amended, as it existed immediately before this Constitution, as revised in 1968, became effective, is adopted by this reference as a part of this revision as completely as thou gh incorporated herein verbatim, except revenue bonds, revenue certificates or other evidences of indebtedness hereafter issued thereunder may be issued by the agency of the state so authorized by law.

(2) That portion of Article XII, Section 9, Subsection (a) of this Constitution, as amended, which by reference adopted Article XII, Section 19 of the Constitution of 1885, as amended, as the same existed immediately before the effectiv e date of this amendment is adopted by this reference as part of this revision as completely as though incorporated herein verbatim, for the purpose of providing that after the effective date of this amendment all of the proceeds of the revenues derived f rom the gross receipts taxes, as therein defined, collected in each year shall be applied as provided therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds or certificates issued before the effective date of this amendment or any refundings thereof which are secured by such gross receipts taxes. No bonds or other obligations may be issued pursuant to the provisions of Article XII, Section 19, of the Constitution of 1885, as amended, but this provision sh all not be construed to prevent the refunding of any such outstanding bonds or obligations pursuant to the provisions of this subsection (a)(2).

Subject to the requirements of the first paragraph of this subsection (a)(2), beginning July 1, 1975, and for fifty years thereafter, all of the proceeds of the revenues derived from the gross receipts taxes collected from every person, including municipalities, as provided and levied as of the time of adoption of this subsection (a)(2) in Chapter 203, Florida Statutes, (hereinafter called "gross receipts taxes"), shall, as collected, be placed in a trust fund to be known as t he "public education capital outlay and debt service trust fund" in the state treasury (hereinafter referred to as "capital outlay fund"), and used only as provided herein.

The capital outlay fund shall be administered by the state board of education as created and constituted by Section 2 of Article IX of the Constitution of Florida as revised in 1968 (hereinafter referred to as "state board"), or by such other instrumentality of the state which shall hereafter succeed by law to the powers, duties and functions of the state board, including the powers, duties and functions of the state board provided in this subsection (a)(2). The state board s hall be a body corporate and shall have all the powers provided herein in addition to all other constitutional and statutory powers related to the purposes of this subsection (a)(2) heretofore or hereafter conferred by law upon the state board, or its pre decessor created by the Constitution of 1885, as amended.

State bonds pledging the full faith and credit of the state may be issued, without a vote of the electors, by the state board pursuant to law to finance or refinance capital projects theretofore authorized by the legislature, and any pu rposes appurtenant or incidental thereto, for the state system of public education provided for in Section 1 of Article IX of this Constitution (hereinafter referred to as "state system"), including but not limited to institutions of higher lear ning, junior colleges, vocational technical schools, or public schools, as now defined or as may hereafter be defined by law. All such bonds shall mature not later than July 1, 2025. All other details of such bonds shall be as provided by law or by the proceedings authorizing such bonds; provided, however, that no bonds, except refunding bonds, shall be issued, and no proceeds shall be expended for the cost of any capital project, unless such project has been authorized by the legislature.

Bonds issued pursuant to this subsection (a)(2) shall be primarily payable from such revenues derived from gross receipts taxes, and shall be additionally secured by the full faith and credit of the state. No such bonds shall ever be i ssued in an amount exceeding ninety percent of the amount which the state board determines can be serviced by the revenues derived from the gross receipts taxes accruing thereafter under the provisions of this subsection (a)(2), and such determination sha ll be conclusive.

The monies in the capital outlay fund in each fiscal year shall be used only for the following purposes and in the following order of priority:

a. For the payment of the principal of and interest on any bonds maturing in such fiscal year;

b. For the deposit into any reserve funds provided for in the proceedings authorizing the issuance of bonds of any amounts required to be deposited in such reserve funds in such fiscal year;

c. For direct payment of the cost or any part of the cost of any capital project for the state system theretofore authorized by the legislature, or for the purchase or redemption of outstanding bonds in accordance with the provisions of the proceedings which authorized the issuance of such bonds.

(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 average net 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, designed "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 vehi cles as levied by Article IX, Section 16, of the Constitution of 1885 as incorporated by reference into the Constitution of 1968, as amended, is hereby continued. The proceeds of said tax shall be placed monthly in the state roads distribution fund in th e 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 average net 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 the amounts to be dete rmined 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 ce nsus, 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 ob ligations 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 o ther 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, maintenance and construction of roads. When authorized by law, state bonds pledging the full faith and credit of the state may be issued without any election: (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 bon ds shall be issued unless a state fiscal agency created by law has made a determination that 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" allocate d to the county 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 y ear, and of the annual average net tolls anticipated during the first five state fiscal years of operation of new projects to be financed, and of any other legally available pledged revenues collected in the preceding state fiscal year. Bonds issued purs uant to this subsection shall be payable primarily from the pledged tolls, the pledged portions of the "second gas tax" allocated to that county, and any other pledged revenues, and shall mature not later than forty years from the date of issuan ce.

(d) School Bonds.

(1) Article XII, Section 9, Subsection (d) of this constitution, as amended, (which, by reference, adopted Article XII, Section 18, of the Constitution of 1885, as amended) as the same existed immediately before the effective date of th is amendment is adopted by this reference as part of this amendment as completely as though incorporated herein verbatim, for the purpose of providing that after the effective date of this amendment the first proceeds of the revenues derived from the lice nsing of motor vehicles as referred to therein shall be distributed annually among the several counties in the ratio of the number of instruction units in each county, the same being coterminous with the school district of each county as provided in Artic le IX, Section 4, Subsection (a) of this constitution, in each year computed as provided therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds or motor vehicle tax anticipation certificates issued before the effective date of this amendment or any refundings thereof which are secured by any portion of such revenues derived from the licensing of motor vehicles.

(2) No funds anticipated to be distributed annually among the several counties under the formula stated in Article XII, Section 9, Subsection (d) of this constitution, as amended, as the same existed immediately before the effective dat e of this amendment shall be pledged as security for any obligations hereafter issued or entered into, except that any outstanding obligations previously issued pledging such funds may be refunded at a lower average net 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 (13) of this subsection (d).

(3) Subject to the requirements of paragraph (1) of this subsection (d) beginning July 1, 1973, and for thirty-five years thereafter, the first proceeds of the revenues derived from the licensing of motor vehicles to the extent necessar y to comply with the provisions of this amendment, shall, as collected, be placed monthly in the school district and junior college district capital outlay and debt service fund in the state treasury and used only as provided in this amendment. Such reve nue shall be distributed annually among the several school districts and junior college districts in the ratio of the number of instruction units in each school district or junior college district in each year computed as provided herein. The amount of t he first revenues derived from the state motor vehicle license taxes to be so set aside in each year and distributed as provided herein shall be an amount equal in the aggregate to the product of six hundred dollars ($600) multiplied by the total number o f instruction units in all the school districts of Florida for the school fiscal year 1967-68, plus an amount equal in the aggregate to the product of eight hundred dollars ($800) multiplied by the total number of instruction units in all the school distr icts of Florida for the school fiscal year 1972-73 and for each school fiscal year thereafter which is in excess of the total number of such instruction units in all the school districts of Florida for the school fiscal year 1967-68, such excess units bei ng designated "growth units." The amount of the first revenues derived from the state motor vehicle license taxes to be so set aside in each year and distributed as provided herein shall additionally be an amount equal in the aggregate to the p roduct of four hundred dollars ($400) multiplied by the total number of instruction units in all junior college districts of Florida. The number of instruction units in each school district or junior college district in each year for the purposes of this amendment shall be the greater of (1) the number of instruction units in each school district for the school fiscal year 1967-68 or junior college district for the school fiscal year 1968-69 computed in the manner heretofore provided by general law, or ( 2) the number of instruction units in such school district, including growth units, or junior college district for the school fiscal year computed in the manner heretofore or hereafter provided by general law and approved by the state board of education ( hereinafter called the state board), or (3) the number of instruction units in each school district, including growth units, or junior college district on behalf of which the state board has issued bonds or motor vehicle tax anticipation certificates unde r this amendment which will produce sufficient revenues under this amendment to equal one and twelve-hundredths (1.12) times the aggregate amount of principal of and interest on all bonds or motor vehicle tax anticipation certificates issued under this am endment which will mature and become due in such year, computed in the manner heretofore or hereafter provided by general law and approved by the state board.

(4) Such funds so distributed shall be administered by the state board as now created and constituted by Section 2 of Article IX of the State Constitution as revised in 1968, or by such other instrumentality of the state which shall her eafter succeed by law to the powers, duties and functions of the state board, including the powers, duties and functions of the state board provided in this amendment. For the purposes of this amendment, said state board shall be a body corporate and sha ll have all the powers provided in this amendment in addition to all other constitutional and statutory powers related to the purposes of this amendment heretofore or hereafter conferred upon said state board.

(5) 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 this subsection (d). The state board shall also have power, for the purpose of obtaining funds for the use of any school board of any school district or board of trustees of any junior college district in acquiring, building, constructing, alter ing, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating, or repairing of capital 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 certificates theretofore issued by said state board. All such bonds or motor vehicle tax anticipation certificates shall bear interest at not exceeding five per centum per annum, or such higher interest rate as may be authorized by statute heretofore or hereafter passed by a three-fifths (3/5) vote of each house of the legislature. All such bonds shall mature serially in annual installments commencing not mo re than three (3) years from the date of issuance thereof and ending not later than thirty (30) years from the date issuance, or July 1, 2007, A.D., whichever is earlier. All such motor vehicle tax anticipation certificates shall mature prior to July 1, 2007, A.D. The state board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certif icates, upon such terms and conditions as the state board shall provide.

(6) 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 cer tificates, 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 anticipatio n certificates 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 enforceable by such holders in any court of competent jurisdiction.

(7) 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 school board of the school district or board of tru stees of the junior college district on behalf of which the 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 school distric t or junior college district to ninety percent (90%) of the amount which it determines can be serviced by the revenue accruing to the school district or junior college district under the provisions of this amendment, and such determination shall be conclu sive. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the state board of education but shall be issued for and on behalf of the school board of the school district or board of trustees of the junior college di strict requesting the issuance thereof, and no election or approval of qualified electors shall be required for the issuance thereof.

(8) The state board shall in each year use the funds distributable pursuant to this amendment to the credit of each school district or junior college district only in the following manner and in order of priority:

a. To comply with the requirements of paragraph (1) of this subsection (d).

b. To pay all amounts of principal and interest maturing in such year on any bonds or motor vehicle tax anticipation certificates issued under the authority hereof, including refunding bonds or motor vehicle tax anticipation certificate s, issued on behalf of the school board of such school district or board of trustees of such junior college district; however, to any covenants or agreements made by the state board concerning the rights between holders of different issues of such bonds o r motor vehicle tax anticipation certificates, as herein authorized.

c. To establish and maintain a sinking fund or funds to meet future requirements for debt service or reserves therefor, on bonds or motor vehicle tax anticipation certificates issued on behalf of the school board of such school district or board of trustees of such junior college district under the authority hereof, whenever the state board shall deem it necessary or advisable, and in such amounts and under such terms and conditions as the state board shall in its discretion determine.< /P>

d. To distribute annually to the several school boards of the school districts or the boards of trustees of the junior college districts for use in payment of debt service on bonds heretofore or hereafter issued by any such school board s of the school districts or boards of trustees of the junior college districts where the proceeds of the bonds were used, or are to be used, in the acquiring, building, constructing, altering, remodeling, improving, enlarging, furnishing, equipping, main taining, renovating, or repairing of capital outlay projects in such school districts or junior college districts and which capital outlay projects have been approved by the school board of the school district or board of trustees of the junior college di strict, pursuant to the most recent survey or surveys conducted under regulations prescribed by the state board to determine the capital outlay needs of the school district or junior college district. The state board shall have power at the time of issua nce of any bonds by any school board of any school district or board of trustees of any junior college district to covenant and agree with such school board or board of trustees as to the rank and priority of payments to be made for different issues of bo nds under this subparagraph d., and may further agree that any amounts to be distributed under this subparagraph d. may be pledged for the debt service on bonds issued by any school board of any school district or board of trustees of any junior college d istrict and for the rank and priority of such pledge. Any such covenants or agreements of the state board may be enforced by any holders of such bonds in any court of competent jurisdiction.

e. To distribute annually to the several school boards of the school districts or boards of trustees of the junior college districts for the payment of the cost of acquiring, building, constructing, altering, remodeling, improving, enla rging, furnishing, equipping, maintaining, renovating, or repairing of capital outlay projects for school purposes in such school district or junior college district as shall be requested by resolution of the school board of the school district or board o f trustees of the junior college district.

f. When all major capital outlay needs of a school district or junior college district have been met as determined by the state board, on the basis of a survey made pursuant to regulations of the state board and approved by the state bo ard, all such funds remaining shall be distributed annually and used for such school purposes in such school district or junior college district as the school board of the school district or board of trustees of the junior college district shall determine , or as may be provided by general law.

(9) Capital outlay projects of a school district or junior college district shall be eligible to participate in the funds accruing under this amendment and derived from the proceeds of bonds and motor vehicle tax anticipation certificat es and from the motor vehicle license taxes, only in the order of priority of needs, as shown by a survey or surveys conducted in the school district or junior college district under regulations prescribed by the state board, to determine the capital outl ay needs of the school district or junior college district and approved by the state board; provided that the priority of such projects may be changed from time to time upon the request of the school board of the school district or board of trustees of th e junior college district and with the approval of the state board; and provided further, that this paragraph (9) shall not in any manner affect any covenant, agreement or pledge made by the state board in the issuance by said state board of any bonds or motor vehicle tax anticipation certificates, or in connection with the issuance of any bonds of any school board of any sch