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Amendments, Election of 11-3-1998 1997 HJR 969 (Article VI, Sections 3 & 4; Article XII, Section 22) {Adopted} 1998 HJR 3505 (Article I, Section 17) {Adopted} 1998 HJR 3151 (Article VII, Section 6) {Adopted} 1998 HJR 125 (Article VIII, Section 1) {Adopted} 9 by Constitution Revision Commission: Conservation of Natural Resources; Creation of Fish & Wildlife Conservation Commission (Article II, Section 7(a); Article IV, Section 9; Article VII, Section 11(e)-(f); Article X, Section 18; Article XII, Section 22) {Adopted} Public Education of Children (Article IX, Section 1) {Adopted} Local Option for Selection of Judges; Funding of State Courts (Article V, Sections 10, 11(a)-(b), 12(a) & (f), 14; Article XII, Section 22) {Adopted} Restructuring the State Cabinet (Article II, Section 8(h)(1); Article III, Sections 8(b), 16(b) & (f), 19(f)(3); Article IV, Sections 3(b), 4, 7(a), 8(a); Article VIII, Section 1(i); Article IX, Section 2; Article XI, Sections 2(c), 3, 4, 5(a), 6(e); Article XII, Sections 9(c)(5), 22) {Adopted} Basic Rights (Article I, Section 2) {Adopted} Local & Municipal Property Tax exemptions; Citizen Access to Local Officials (Article VII, Section 3(a), (f) & (g); Article VIII, Section 7) {Defeated} Ballot Access; Public Campaign Financing; Election Process Revisions (Article IV, Section 5(a); Article VI, Sections 1, 2, 5, 7; Article IX, Section 4(a)) {Adopted} Firearms Purchases; Local Option for Criminal History Records Check & Waiting Period (Article VIII, Section 5) {Adopted} Miscellaneous Matters & Technical Revisions (Article I, Sections 4, 9, 16(a), 18, 23; Article II, Sections 5(b), 8(g)-(i); Article III, Sections 3(f), 8(a)-(b), 17(b)-(c), 18, 19(d); Article IV, Sections 1(a) & (c), 2, 3(b), 4(e), 7(a); Article V, Sections 1, 2(a) & (b), 3(a), 8, 10(a), 11(c), 17, 18, 20(c)(6) & (9), 20(d)(8), 20(e)(1); Article VII, Sections 4(b), 6(b); Article IX, Section 5; Article X, Sections 3, 4(a); Article XI, Sections 2, 6) {Adopted} Initiative Petitions: Children's Right Not to be Abused (Article I, Section 26) {Did Not Make Ballot Position} Children's Right Not to be Molested (Article I, Section ?) {Did Not Make Ballot Position} Citizens' Right of Political Participation (Article I, Section 27) {Did Not Make Ballot Position} Constitutional Amendment Restricting Discrimination by the State of Florida or any Political Subdivision (Article I, Section ?) {Did Not Make Ballot Position} Court Reform (Article V) {Did Not Make Ballot Position} Education First! (Article II, Sections 8 & 12) {Did Not Make Ballot Position} Eliminate the Florida Parole Commission (Article IV, Section 8(c)) {Did Not Make Ballot Position} Fish & Wildlife Conservation Commission: Unifies Marine Fisheries & Game & Freshwater Fish Commission (Article IV, Section 9) {Removed} Florida Locally Approved Gaming (Article X, Section 16) {Did Not Make Ballot Position} Freedom to Use Medicinal Marijuana for Specific Certified Medical Purposes (Article I) {Did Not Make Ballot Position} Funding for Criminal Justice (Article III, Section 20) {Did Not Make Ballot Position} Funding for the State Courts System (Article V, Section 14) {Did Not Make Ballot Position} Limiting Assessed Values & Taxes on Homestead Property (Article VII, Section 4) {Did Not Make Ballot Position} Limiting Millage Tax Rates (Article VII, Section 9) {Did Not Make Ballot Position} Limiting Taxation by Non-Elected Persons (Article VII, Section 1) {Did Not Make Ballot Position} Limiting Taxpayer Supported Social Services to Illegal Aliens (Article VII, Section 18) {Did Not Make Ballot Position} People's Property Rights Amendments (Article XI, Section 3) {Removed} Prohibiting Public Funding of Political Candidates' Campaigns (Article VI, Section 7) {Did Not Make Ballot Position} Property Rights (Article X, Section ?) {Removed} Property Tax Exemption for School Choice (Article VII, Section 3) {Did Not Make Ballot Position} Requirement for Adequate Public Education Funding (Article IX, Section 1) {Removed} Right of Citizens to Choose Health Care Providers (Article I, Section 24) {Removed} Right of Intimate Privacy (Article I, Section ?) {Did Not Make Ballot Position} Right of Privacy Protected in Employment, Housing, Public Services, and Credit (Article I, Section 23) {Did Not Make Ballot Position} Save Our Florida (Article I, Section ?) {Did Not Make Ballot Position} Single Payer Health Care (Article I, Section 26) {Did Not Make Ballot Position} Term Limits by Voter Approval (Article V, Section 10; Article VI, Sections 4(b), 6; Article VIII, Sections 1(d), 1(e), 2(b)) {Did Not Make Ballot Position} Term Limits Pledge (Article VI, Section 7) {Did Not Make Ballot Position} The Florida Civil Rights Initiative (Article I, Section 2) {Did Not Make Ballot Position} Vote Yes for the Right to Vote on Proposed Constitutional Amendments Signed by Enough Citizens (Article XI, Section 8) {Did Not Make Ballot Position} Vote Yes if Citizens Should be Able to Vote Out Judges in Recall Elections (Article V, Section 12) {Did Not Make Ballot Position} Vote Yes if Judges Should be Elected, Rather than Appointed, for One Eight-Year Term (Article V, Section 3(a)) {Did Not Make Ballot Position} Vote Yes if We Should Stop Releasing Prisoners EarlyBMinimum 85% of Sentence (Article IV, Section 8) {Did Not Make Ballot Position} Voter Approval Required for New Taxes (Article VII, Section 1) {Removed} Voter Control of City Taxes (Article VII, Section 9) {Did Not Make Ballot Position} Voter Option of "None of the Above" at General Election (Article VI, Section 8) {Did Not Make Ballot Position} Voters' Power of Recall (Article VI, Section 9) {Did Not Make Ballot Position}
Related Materials: Supreme Court Opinion (705 So.2d 1351) {Removing Fish & Wildlife Conservation Commission Initiative from Ballot} Supreme Court Opinion (699 So.2d 1304) {Removing People's Property Rights Amendments, Voter Approval Required for New Taxes, and Property Rights Initiatives from Ballot} Supreme Court Opinion (703 So.2d 446) {Removing Requirement for Adequate Public Education Funding Initiative from Ballot} Supreme Court Opinion (705 So.2d 563) {Removing Right of Citizens to Choose Health Care Providers Initiative from Ballot}
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HOUSE JOINT RESOLUTION NO. 969 A joint resolution proposing amendments to Sections 3 and 4 of Article VII and the creation of Section 22 of Article XII of the State Constitution relating to local option ad valorem tax exemption for, and assessment of, certain historic properties. Be it Resolved by the Legislature of the State of Florida: That the amendments to Sections 3 and 4 of Article VII and the creation of Section 22 of Article XII of the State Constitution set forth below are agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1998: ARTICLE VII FINANCE AND TAXATION Section 3. Taxes; exemptions. (a) All property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation. A municipality, owning property outside the municipality, may be required by general law to make payment to the taxing unit in which the property is located. Such portions of property as are used predominantly for educational, literary, scientific, religious or charitable purposes may be exempted by general law from taxation. (b) There shall be exempt from taxation, cumulatively, to every head of a family residing in this state, household goods and personal effects to the value fixed by general law, not less than one thousand dollars, and to every widow or widower or person who is blind or totally and permanently disabled, property to the value fixed by general law not less than five hundred dollars. (c) Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant community and economic development ad valorem tax exemptions to new businesses and expansions of existing businesses, as defined by general law. Such an exemption may be granted only by ordinance of the county or municipality, and only after the electors of the county or municipality voting on such question in a referendum authorize the county or municipality to adopt such ordinances. An exemption so granted shall apply to improvements to real property made by or for the use of a new business and improvements to real property related to the expansion of an existing business and shall also apply to tangible personal property of such new business and tangible personal property related to the expansion of an existing business. The amount or limits of the amount of such exemption shall be specified by general law. The period of time for which such exemption may be granted to a new business or expansion of an existing business shall be determined by general law. The authority to grant such exemption shall expire ten years from the date of approval by the electors of the county or municipality, and may be renewable by referendum as provided by general law. (d) By general law and subject to conditions specified therein, there may be granted an ad valorem tax exemption to a renewable energy source device and to real property on which such device is installed and operated, to the value fixed by general law not to exceed the original cost of the device, and for the period of time fixed by general law not to exceed ten years. (e) Any county or municipality may, for the purpose of its respective tax levy and subject to the provisions of this subsection and general law, grant historic preservation ad valorem tax exemptions to owners of historic properties Section 4. Taxation; assessments. By general law regulations shall be prescribed which shall secure a just valuation of all property for ad valorem taxation, provided: (a) Agricultural land, land producing high water recharge to Florida's aquifers or land used exclusively for non-commercial recreational purposes may be classified by general law and assessed solely on the basis of character or use. (b) Pursuant to general law tangible personal property held for sale as stock in trade and livestock may be valued for taxation at a specified percentage of its value, may be classified for tax purposes (c) All persons entitled to a homestead exemption under Section 6 of this Article shall have their homestead assessed at just value as of January 1 of the year following the effective date of this amendment. This assessment shall change only as provided herein. 1 . Assessments subject to this provision shall be changed annually on January 1st of each year; but those changes in assessments shall not exceed the lower of the following: (A) three percent (3%) of the assessment for the prior year. (B) the percent change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967=100, or successor reports for the preceding calendar year as initially reported by the United States Department of Labor, Bureau of Labor Statistics. 2. No assessment shall exceed just value. 3. After any change of ownership, as provided by general law, homestead property shall be assessed at just value as of January 1 of the following year. Thereafter, the homestead shall be assessed as provided herein. 4. New homestead property shall be assessed at just value as of January 1st of the year following the establishment of the homestead. That assessment shall only change as provided herein. 5. Changes, additions, reductions or improvements to homestead property shall be assessed as provided for by general law; provided, however, after the adjustment for any change, addition, reduction or improvement, the property shall be assessed as provided herein. 6. In the event of a termination of homestead status, the property shall be assessed as provided by general law. 7. The provisions of this amendment are severable. If any of the provisions of this amendment shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of this amendment. (d) The legislature may, by general law, for assessment purposes and subject to the provisions of this subsection, allow counties and municipalities to authorize by ordinance that historic property may be assessed solely on the basis of character or use. Such character or use assessment shall apply only to the jurisdiction adopting the ordinance. The requirements for eligible properties must be specified by general law. ARTICLE XII SCHEDULE Section 22. Historic property exemption and assessment. The amendments to Sections 3 and 4 of Article VII relating to ad valorem tax exemption for, and assessment of, historic property shall take effect January 1, 1999. BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the title and substance of the amendment proposed herein shall appear on the ballot as follows: HISTORIC PROPERTY TAX EXEMPTION AND ASSESSMENT With respect to historic property granted ad valorem tax exemption by a county or municipality, removes a requirement that the owner be engaged in renovating the property. Authorizes the Legislature to allow counties or municipalities, by ordinance, to assess historic properties solely on the basis of character or use for ad valorem tax purposes, subject to eligibility requirements specified by general law. Filed in Office Secretary of State May 15, 1997.
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HOUSE JOINT RESOLUTION NO. 3505 A joint resolution proposing an amendment to Section 17, Article I of the State Constitution, relating to excessive punishment. Be it Resolved by the Legislature of the State of Florida: That the amendment to Section 17 of Article I of the State Constitution set forth below is agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1998: Section 17. Excessive Punishments. Excessive fines, cruel and BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the title and substance of the amendment proposed herein shall appear on the ballot as follows: PRESERVATION OF THE DEATH PENALTY; UNITED STATES SUPREME COURT INTERPRETATION OF CRUEL AND UNUSUAL PUNISHMENT Proposing an amendment to Section 17 of Article I of the State Constitution preserving the death penalty, and permitting any execution method unless prohibited by the Federal Constitution. Requires construction of the prohibition against cruel and/or unusual punishment to conform to United States Supreme Court interpretation of the Eighth Amendment. Prohibits reduction of a death sentence based on invalidity of execution method, and provides for continued force of sentence. Provides for retroactive applicability. Filed in Office Secretary of State May 5, 1998.
__________ HOUSE JOINT RESOLUTION NO. 3151 A joint resolution proposing an amendment to Section 6, Article VII of the State Constitution relating to an additional homestead tax exemption. Be it Resolved by the Legislature of the State of Florida: That the following amendment to Section 6 of Article VII of the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection and the next general election, and, if approved, shall take effect January 1, 1999: ARTICLE VII FINANCE AND TAXATION Section 6. Homestead exemptions. (a) Every person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owner, shall be exempt from taxation thereon, except assessments for special benefits, up to the assessed valuation of five thousand dollars, upon establishment of right thereto in the manner prescribed by law. The real estate may be held by legal or equitable title, by the entireties, jointly, in common, as a condominium, or indirectly by stock ownership or membership representing the owner's or member's proprietary interest in a corporation owning a fee or a leasehold initially in excess of ninety-eight years. (b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through stock or membership in a corporation, the value of the proportion which his interest in the corporation bears to the assessed value of the property. (c) By general law and subject to conditions specified therein, the exemption shall be increased to a total of twenty-five thousand dollars of the assessed value of the real estate for each school district levy. By general law and subject to conditions specified therein, the exemption for all other levies may be increased up to an amount not exceeding ten thousand dollars of the assessed value of the real estate if the owner has attained age sixty-five or is totally and permanently disabled and if the owner is not entitled to the exemption provided in subsection (d). (d) By general law and subject to conditions specified therein, the exemption shall be increased to a total of the following amounts of assessed value of real estate for each levy other than those of school districts: fifteen thousand dollars with respect to 1980 assessments; twenty thousand dollars with respect to 1981 assessments; twenty-five thousand dollars with respect to assessments for 1982 and each year thereafter. However, such increase shall not apply with respect to any assessment roll until such roll is first determined to be in compliance with the provisions of section 4 by a state agency designated by general law. This subsection shall stand repealed on the effective date of any amendment to section 4 which provides for the assessment of homestead property at a specified percentage of its just value. (e) By general law and subject to conditions specified therein, the Legislature may provide to renters, who are permanent residents, ad valorem tax relief on all ad valorem tax levies. Such ad valorem tax relief shall be in the form and amount established by general law. (f) The legislature may, by general law, allow counties or municipalities, for the purpose of their respective tax levies and subject to the provisions of general law, to grant an additional homestead tax exemption not exceeding twenty-five thousand dollars to any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income, as defined by general law, does not exceed twenty thousand dollars. The general law must allow counties and municipalities to grant this additional exemption, within the limits prescribed in this subsection, by ordinance adopted in the manner prescribed by general law, and must provide for the periodic adjustment of the income limitation prescribed in this subsection for changes in the cost of living. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE VII, SECTION 6 ADDITIONAL HOMESTEAD TAX EXEMPTION.BProposing an amendment to the State Constitution, effective January 1, 1999, to authorize the Legislature to allow counties and municipalities to grant an additional homestead tax exemption not exceeding $25,000 to certain persons 65 years of age or older whose household income does not exceed a specified amount. Filed in Office Secretary of State May 5, 1998.
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HOUSE JOINT RESOLUTION NO. 125 A joint resolution proposing an amendment to Section 1 of Article VIII of the State Constitution relating to recording of instruments. Be it Resolved by the Legislature of the State of Florida: That the amendment to Section 1 of Article VIII of the State Constitution set forth below is agreed to and shall be submitted to the electors of Florida for approval or rejection at the general election to be held in November 1998. 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 purpose. (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 transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds. (e) Commissioners. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by 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 may 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 operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances. (h) Taxes; Limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas. (i) County Ordinances. Each county ordinance shall be filed with the secretary of state and shall become effective at such time thereafter as is provided by general law. (j) Violation of Ordinances. Persons violating county ordinances shall be prosecuted and punished as provided by law. (k) County Seat. In every county there shall be a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch offices 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 BE IT FURTHER RESOLVED that in accordance with the requirements of section 101.161, Florida Statutes, the substance of the amendment proposed herein shall appear on the ballot as follows: RECORDING OF INSTRUMENTS IN BRANCH OFFICES Proposing an amendment to Section 1 of Article VIII of the State Constitution authorizing the recording of instruments by filing at a branch office of a county seat. Filed in Office Secretary of State May 5, 1998.
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CONSTITUTIONAL REVISION Article II, Section 7(a); Article IV, Section 9; Article VII, Section 11(e)-(f); Article X, Section 18; Article XII, Section 22 CONSERVATION OF NATURAL RESOURCES AND CREATION OF FISH AND WILDLIFE CONSERVATION COMMISSION Ballot Summary: Requires adequate provision for conservation of natural resources; creates Fish and Wildlife Conservation Commission, granting it the regulatory and executive powers of the Game and Fresh Water Fish Commission and the Marine Fisheries Commission; removes legislature's exclusive authority to regulate marine life and grants certain powers to new commission; authorizes bonds to continue financing acquisition and improvement of lands for conservation, outdoor recreation, and related purposes; restricts disposition of state lands designated for conservation purposes. Full Text: ARTICLE II GENERAL PROVISIONS Section 7. Natural resources and scenic beauty. (a) 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 and for the conservation and protection of natural resources. ARTICLE IV EXECUTIVE Section 9. Fish and wildlife conservation There shall be a fish and wildlife conservation ARTICLE VII FINANCE AND TAXATION Section 11. State bonds; revenue bonds. (e) Bonds pledging all or part of a dedicated state tax revenue may be issued by the state in the manner provided by general law to finance or refinance the acquisition and improvement of land, water areas, and related property interests and resources for the purposes of conservation, outdoor recreation, water resource development, restoration of natural systems, and historic preservation. (f) ARTICLE X MISCELLANEOUS Section 18. Disposition of Conservation Lands. The fee interest in real property held by an entity of the state and designated for natural resources conservation purposes as provided by general law shall be managed for the benefit of the citizens of this state and may be disposed of only if the members of the governing board of the entity holding title determine the property is no longer needed for conservation purposes and only upon a vote of two-thirds of the governing board. ARTICLE XII SCHEDULE Section 22. Fish and wildlife conservation commission. (a) The initial members of the commission shall be the members of the game and fresh water fish commission and the marine fisheries commission who are serving on those commissions on the effective date of this amendment, who may serve the remainder of their respective terms. New appointments to the commission shall not be made until the retirement, resignation, removal, or expiration of the terms of the initial members results in fewer than seven members remaining. (b) The jurisdiction of the marine fisheries commission as set forth in statutes in effect on March 1, 1998, shall be transferred to the fish and wildlife conservation commission. The jurisdiction of the marine fisheries commission transferred to the commission shall not be expanded except as provided by general law. All rules of the marine fisheries commission and game and fresh water fish commission in effect on the effective date of this amendment shall become rules of the fish and wildlife conservation commission until superseded or amended by the commission. (c) On the effective date of this amendment, the marine fisheries commission and game and fresh water fish commission shall be abolished. (d) This amendment shall take effect July 1, 1999.
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CONSTITUTIONAL REVISION Article IX, Section 1 PUBLIC EDUCATION OF CHILDREN Ballot Summary: Declares the education of children to be a fundamental value of the people of Florida; establishes adequate provision for education as a paramount duty of the state; expands constitutional mandate requiring the state to make adequate provision for a uniform system of free public schools by also requiring the state to make adequate provision for an efficient, safe, secure, and high quality system. Full Text: ARTICLE IX EDUCATION Section 1. The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require.
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CONSTITUTIONAL REVISION Article V, Sections 10, 11(a)-(b), 12(a) & (f), 14; Article XII, Section 22 LOCAL OPTION FOR SELECTION OF JUDGES AND FUNDING OF STATE COURTS Ballot Summary: Provides for future local elections to decide whether to continue electing circuit and county judges or to adopt system of appointment of those judges by governor, with subsequent elections to retain or not retain those judges; provides election procedure for subsequent changes to selection of judges; increases county judges' terms from four to six years; corrects judicial qualifications commission term of office; allocates state courts system funding among state, counties, and users of courts. Full Text: ARTICLE V JUDICIARY Section 10. Retention; election and terms. (a) Any justice or judge (b)(1) The election of circuit judges shall be preserved notwithstanding the provisions of subsection (a) unless a majority of those voting in the jurisdiction of that circuit approves a local option to select circuit judges by merit selection and retention rather than by election. The election of circuit judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. (2) The election of county court judges shall be preserved notwithstanding the provisions of subsection (a) unless a majority of those voting in the jurisdiction of that county approves a local option to select county judges by merit selection and retention rather than by election. The election of county court judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. (3)a. A vote to exercise a local option to select circuit court judges and county court judges by merit selection and retention rather than by election shall be held in each circuit and county at the general election in the year 2000. If a vote to exercise this local option fails in a vote of the electors, such option shall not again be put to a vote of the electors of that jurisdiction until the expiration of at least two years. b. After the year 2000, a circuit may initiate the local option for merit selection and retention or the election of circuit judges, whichever is applicable, by filing with the secretary of state a petition signed by the number of electors equal to at least ten percent of the votes cast in the circuit in the last preceding election in which presidential electors were chosen. c. After the year 2000, a county may initiate the local option for merit selection and retention or the election of county court judges, whichever is applicable, by filing with the supervisor of elections a petition signed by the number of electors equal to at least ten percent of the votes cast in the county in the last preceding election in which presidential electors were chosen. Section 11. Vacancies. (a) Whenever a vacancy occurs in a judicial office to which election for retention applies, the governor shall fill the (b) The governor shall fill each vacancy on a circuit court or on a county court, wherein the judges are elected by a majority vote of the electors, by appointing for a term ending on the first Tuesday after the first Monday in January of the year following the next primary and general election occurring at least one year after the date of appointment, one of not fewer than three persons nor more than six persons nominated by the appropriate judicial nominating commission. An election shall be held to fill that judicial office for the term of the office beginning at the end of the appointed term. Section 12. Discipline; removal and retirement. (a) Judicial Qualifications Commission. A judicial qualifications commission is created. (1) 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 otherwise 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 discipline of a justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966 (without regard to the effective date of this section), warrants such discipline. For purposes of this section, discipline is defined as any or all of the following: reprimand, fine, suspension with or without pay, or lawyer discipline. The commission shall have jurisdiction over justices and judges regarding allegations that misconduct occurred before or during service as a justice or judge if a complaint is made no later than one year following service as a justice or judge. The commission shall have jurisdiction regarding allegations of incapacity during service as a justice or judge. The commission shall be composed of: a. 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; b. Four 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 c. 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. (2) The members of the judicial qualifications commission shall serve staggered terms, not to exceed six years, as prescribed by general law. No member of the commission except a judge shall be eligible for state judicial office while acting as a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office or hold public office; provided that a judge may campaign for judicial office and hold that office. The commission shall elect one of its members as its chairperson. (3) 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. (4) The commission shall adopt rules regulating its proceedings, the filling of vacancies by the appointing authorities, the disqualification of members, the rotation of members between the panels, and the temporary replacement of disqualified or incapacitated members. The commission'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. The commission shall have power to issue subpoenas. Until formal charges against a justice or judge are filed by the investigative panel 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 investigative panel with said clerk of such formal charges against a justice or judge such charges and all further proceedings before the commission shall be public. (5) 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 representatives 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) Schedule to Section 12. (1) Except to the extent inconsistent with the provisions of this section, all provisions of law and rules of court in force on the effective date of this article shall continue in effect until superseded in the manner authorized by the constitution. (2) After this section becomes effective and until adopted by rule of the commission consistent with it: a. The commission shall be divided, as determined by the chairperson, into one investigative panel and one hearing panel to meet the responsibilities set forth in this section. b. The investigative panel shall be composed of: 1. Four judges, 2. Two members of the bar of Florida, and 3. Three non-lawyers. c. The hearing panel shall be composed of: 1. Two judges, 2. Two members of the bar of Florida, and 3. Two non-lawyers. d. Membership on the panels may rotate in a manner determined by the rules of the commission provided that no member shall vote as a member of the investigative and hearing panel on the same proceeding. e. The commission shall hire separate staff for each panel. f. The members of the commission shall serve for staggered terms of six years. g. The terms of office of the present members of the judicial qualifications commission shall expire upon the effective date of the amendments to this section approved by the legislature during the regular session of the legislature in 1996 and new members shall be appointed to serve the following staggered terms: 1. Group I. The terms of five members, composed of two electors as set forth in s. 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in s. 12(a)(1)b. of Article V, one judge from the district courts of appeal and one circuit judge as set forth in s. 12(a)(1)a. of Article V, shall expire on December 31, 1998. 2. Group II. The terms of five members, composed of one elector as set forth in s. 12(a)(1)c. of Article V, two members 3. Group III. The terms of five members, composed of two electors as set forth in s. 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in s. 12(a)(1)b., one judge from the district courts of appeal and one county judge as set forth in s. 12(a)(1)a. of Article V, shall expire on December 31, 2002. h. An appointment to fill a vacancy of the commission shall be for the remainder of the term. i. Selection of members by district courts of appeal judges, circuit judges, and county court judges, shall be by no less than a majority of the members voting at the respective courts' conferences. Selection of members by the board of governors of the bar of Florida shall be by no less than a majority of the board. j. The commission shall be entitled to recover the costs of investigation and prosecution, in addition to any penalty levied by the supreme court. k. The compensation of members and referees shall be the travel expenses or transportation and per diem allowance as provided by general law. Section 14. Funding (a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneys' offices, public defenders' offices, and court-appointed counsel, except as otherwise provided in subsection (c), shall be provided from state revenues appropriated by general law. (b) All funding for the offices of the clerks of the circuit and county courts performing court-related functions, except as otherwise provided in this subsection and subsection (c), shall be provided by adequate and appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions as required by general law. Selected salaries, costs, and expenses of the state courts system may be funded from appropriate filing fees for judicial proceedings and service charges and costs for performing court-related functions, as provided by general law. Where the requirements of either the United States Constitution or the Constitution of the State of Florida preclude the imposition of filing fees for judicial proceedings and service charges and costs for performing court-related functions sufficient to fund the court-related functions of the offices of the clerks of the circuit and county courts, the state shall provide, as determined by the legislature, adequate and appropriate supplemental funding from state revenues appropriated by general law. (c) No county or municipality, except as provided in this subsection, shall be required to provide any funding for the state courts system, state attorneys' offices, public defenders' offices, court-appointed counsel or the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall be required to fund the cost of communications services, existing radio systems, existing multi-agency criminal justice information systems, and the cost of construction or lease, maintenance, utilities, and security of facilities for the trial courts, public defenders' offices, state attorneys' offices, and the offices of the clerks of the circuit and county courts performing court-related functions. Counties shall also pay reasonable and necessary salaries, costs, and expenses of the state courts system to meet local requirements as determined by general law. (d) The judiciary shall have no power to fix appropriations. ARTICLE XII SCHEDULE Section 22. Schedule to Article V Amendment. (a) Commencing with fiscal year 2000-2001, the legislature shall appropriate funds to pay for the salaries, costs, and expenses set forth in the amendment to Section 14 of Article V pursuant to a phase-in schedule established by general law. (b) Unless otherwise provided herein, the amendment to Section 14 shall be fully effectuated by July 1, 2004.
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CONSTITUTIONAL REVISION Article II, Section 8(h)(1); Article III, Sections 8(b), 16(b) & (f), 19(f)(3); Article IV, Sections 3(b), 4, 7(a), 8(a); Article VIII, Section 1(i); Article IX, Section 2; Article XI, Sections 2(c), 3, 4, 5(a), 6(e); Article XII, Sections 9(c)(5), 22 RESTRUCTURING THE STATE CABINET Ballot Summary: Merges cabinet offices of treasurer and comptroller into one chief financial officer; reduces cabinet membership to chief financial officer, attorney general, agriculture commissioner; secretary of state and education commissioner eliminated from elected cabinet; secretary of state duties defined by law; changes composition of state board of education from governor and cabinet to board appointed by governor; board appoints education commissioner; defines state board of administration, trustees of internal improvement trust fund, land acquisition trust fund. Full Text: ARTICLE II GENERAL PROVISIONS Section 8. 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: (h) Schedule. On the effective date of this amendment and until changed by law: (1) Full and public disclosure of financial interests shall mean filing with the custodian a. A copy of the person's most recent federal income tax return; or b. 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 commission established in subsection (f), and such rules shall include disclosure of secondary sources of income. ARTICLE III LEGISLATURE Section 8. Executive approval and veto. (b) When a bill or any specific appropriation of a general appropriation bill has been vetoed, Section 16. Legislative apportionment. (b) Failure of Legislature to Apportion; Judicial Reapportionment. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian (f) Judicial Reapportionment. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not later than sixty days after receiving the petition of the attorney general, file with the custodian Section 19. State Budgeting, Planning and Appropriations Processes. (f) Trust Funds. (2) State trust funds in existence before the effective date of this subsection shall terminate not more than four years after the effective date of this subsection. State trust funds created after the effective date of this subsection shall terminate not more than four years after the effective date of the act authorizing the creation of the trust fund. By law the legislature may set a shorter time period for which any trust fund is authorized. (3) Trust funds required by federal programs or mandates; trust funds established for bond covenants, indentures, or resolutions, whose revenues are legally pledged by the state or public body to meet debt service or other financial requirements of any debt obligations of the state or any public body; the state transportation trust fund; the trust fund containing the net annual proceeds from the Florida Education Lotteries; the Florida retirement trust fund; trust funds for institutions under the management of the Board of Regents, where such trust funds are for auxiliary enterprises and contracts, grants, and donations, as those terms are defined by general law; trust funds that serve as clearing funds or accounts for the chief financial officer ARTICLE IV EXECUTIVE Section 3. Succession to office of governor; acting governor. (b) Upon impeachment of the governor and until completion of trial thereof, or during the governor's Section 4. Cabinet. (a) There shall be a cabinet composed of (b) The secretary of state shall keep the records of the official acts of the legislative and executive departments. (b) (c)
(d) (e) The governor as chair, the chief financial officer, and the attorney general shall constitute the state board of administration, which shall succeed to all the power, control, and authority of the state board of administration established pursuant to Article IX, Section 16 of the Constitution of 1885, and which shall continue as a body at least for the life of Article XII, Section 9(c). (f) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the trustees of the internal improvement trust fund and the land acquisition trust fund as provided by law. (g) The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the agency head of the Department of Law Enforcement. (g) The commissioner of education shall supervise the public education system in the manner prescribed by law. Section 7. Suspensions; filling office during suspensions. (a) By executive order stating the grounds and filed with the custodian Section 8. Clemency. (a) Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian ARTICLE VIII LOCAL GOVERNMENT Section 1. Counties. (i) County Ordinances. Each county ordinance shall be filed with the custodian ARTICLE IX EDUCATION Section 2. State board of education. The ARTICLE XI AMENDMENTS Section 2. Revision commission. (c) Each constitution revision commission shall convene at the call of its chairman, adopt its rules of procedure, examine the constitution of the state, hold public hearings, and, not later than one hundred eighty days prior to the next general election, file with the custodian 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, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the custodian 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 custodian (b) At the next general election held more than ninety days after the filing of such petition there shall be submitted to the electors of the state the question: "Shall a constitutional convention be held?" If a majority voting 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 sit at the capital, elect officers, adopt rules of procedure, judge the election of its membership, and fix a time and place for its future meetings. Not later than ninety days before the next succeeding general election, the convention shall cause to be filed with the custodian 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 revision commission, constitutional convention or taxation and budget reform commission proposing it is filed with the custodian Section 6. Taxation and budget reform commission. (e) The commission shall hold public hearings as it deems necessary to carry out its responsibilities under this section. The commission shall issue a report of the results of the review carried out, and propose to the legislature any recommended statutory changes related to the taxation or budgetary laws of the state. Not later than one hundred eighty days prior to the general election in the second year following the year in which the commission is established, the commission shall file with the custodian ARTICLE XII SCHEDULE Section 9. Bonds. (c) Motor Vehicle Fuel Taxes. (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 benefit of holders of bonds, revenue certificates and tax anticipation certificates or any refundings thereof secured by any portion of the "second gas tax." (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 determined as follows: There shall be an initial allocation of one-fourth in the ratio of county area to state area, one-fourth in the ratio of the total county population to the total population of the state in accordance with the latest available federal census, and one-half in the ratio of the total "second gas tax" collected on retail sales or use in each county to the total collected in all counties of the state during the previous fiscal year. If the annual debt service requirements of any obligations issued for any county, including any deficiencies for prior years, secured under paragraph (2) of this subsection, exceeds the amount which would be allocated to that county under the formula set out in this paragraph, the amounts allocated to other counties shall be reduced proportionately. (5) Funds allocated under paragraphs (2) and (4) of this subsection shall be administered by the state board of administration created under Article IV, Section 4 Section 22. Executive branch reform. (a) The amendments contained in this revision shall take effect January 7, 2003, but shall govern with respect to the qualifying for and the holding of primary elections in 2002. The office of chief financial officer shall be a new office as a result of this revision. (b) In the event the secretary of state is removed as a cabinet office in the 1998 general election, the term "custodian of state records" shall be substituted for the term "secretary of state" throughout the constitution and the duties previously performed by the secretary of state shall be as provided by law.
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CONSTITUTIONAL REVISION Article I, Section 2 BASIC RIGHTS Ballot Summary: Defines "natural persons," who are equal before the law and who have inalienable rights, as "female and male alike;" provides that no person shall be deprived of any right because of national origin; changes "physical handicap" to "physical disability" as a reason that people are protected from being deprived of any right. Full Text: ARTICLE I DECLARATION OF RIGHTS Section 2. Basic rights. All natural persons, female and male alike, 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, possess 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, national origin, or physical disability
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CONSTITUTIONAL REVISION Article VII, Section 3(a), (f) & (g); Article VIII, Section 7 LOCAL AND MUNICIPAL PROPERTY TAX EXEMPTIONS AND CITIZEN ACCESS TO LOCAL OFFICIALS Ballot Summary: Broadens tax exemption for governmental uses of municipal property; authorizes legislature to exempt certain municipal and special district property used for airport, seaport, or public purposes; permits local option tax exemption for property used for conservation purposes; permits local option tangible personal property tax exemption for attachments to mobile homes and certain residential rental furnishings; removes limitations on citizens' ability to communicate with local officials about matters which are the subject of public hearings. Full Text: ARTICLE VII FINANCE AND TAXATION Section 3. Taxes; exemptions. (a) All property owned by a municipality and used (f) A county or municipality may be authorized by general law to grant ad valorem tax exemptions for real property used for conservation purposes as defined by general law. (g) In addition to any other exemption granted to tangible personal property, a county may exempt all appurtenances and attachments to mobile home dwellings that are classified as tangible personal property and all appliances, furniture, and fixtures classified as tangible personal property which are included in single-family and multi-family residential rental facilities that have ten or fewer individual housing units, as provided by general law. The general law shall require the adoption of the exemption on a county-option basis and may specify conditions for its application. ARTICLE VIII LOCAL GOVERNMENT Section 7. Ex parte communications. The people shall have the right to address a local government public official without regard to ex parte communications considerations, in a manner consistent with ethics laws.
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CONSTITUTIONAL REVISION Article IV, Section 5(a); Article VI, Sections 1, 2, 5, 7; Article IX, Section 4(a) BALLOT ACCESS, PUBLIC CAMPAIGN FINANCING, AND ELECTION PROCESS REVISIONS Ballot Summary: Provides ballot access requirements for independent and minor party candidates cannot be greater than requirements for majority party candidates; allows all voters, regardless of party, to vote in any party's primary election if the winner will have no general election opposition; provides public financing of campaigns for statewide candidates who agree to campaign spending limits; permits candidates for governor to run in primary elections without lieutenant governor; makes school board elections nonpartisan; corrects voting age. Full Text: ARTICLE IV EXECUTIVE Section 5. Election of governor, lieutenant governor and cabinet members; qualifications; terms. (a) At a state-wide general election in each calendar year the number of which is even but not a multiple of four, the electors shall choose a governor and a lieutenant governor and members of the cabinet each for a term of four years beginning on the first Tuesday after the first Monday in January of the succeeding year. In primary elections, candidates for the office of governor may choose to run without a lieutenant governor candidate. In the general election ARTICLE VI SUFFRAGE AND ELECTIONS Section 1. Regulation of elections. All elections by the people shall be by direct and secret vote. General elections shall be determined by a plurality of votes cast. Registration and elections shall, and political party functions may, be regulated by law; however, the requirements for a candidate with no party affiliation or for a candidate of a minor party for placement of the candidate's name on the ballot shall be no greater than the requirements for a candidate of the party having the largest number of registered voters. Section 2. Electors. Every citizen of the United States who is at least eighteen Section 5. Primary, general, and special elections. (a) 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 officer 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. A general election may be suspended or delayed due to a state of emergency or impending emergency pursuant to general law. Special elections and referenda shall be held as provided by law. (b) If all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, all qualified electors, regardless of party affiliation, may vote in the primary elections for that office. Section 7. Campaign spending limits and funding of campaigns for elective state-wide office. It is the policy of this state to provide for state-wide elections in which all qualified candidates may compete effectively. A method of public financing for campaigns for state-wide office shall be established by law. Spending limits shall be established for such campaigns for candidates who use public funds in their campaigns. The legislature shall provide funding for this provision. General law implementing this paragraph shall be at least as protective of effective competition by a candidate who uses public funds as the general law in effect on January 1, 1998. ARTICLE IX EDUCATION Section 4. School districts; school boards. (a) Each county shall constitute a school district; provided, two or more contiguous counties, upon vote of the electors of each county pursuant to law, may be combined into one school district. In each school district there shall be a school board composed of five or more members chosen by vote of the electors in a nonpartisan election for appropriately staggered terms of four years, as provided by law.
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CONSTITUTIONAL REVISION Article VIII, Section 5 FIREARMS PURCHASES: LOCAL OPTION FOR CRIMINAL HISTORY RECORDS CHECK AND WAITING PERIOD Ballot Summary: Authorizes each county the option of requiring a criminal history records check and waiting period of 3 to 5 days in connection with the "sale" of any firearm; defines "sale" as the transfer of money or other valuable consideration for a firearm where any part of the transaction occurs on property open to public access; does not apply to holders of a concealed weapons permit when purchasing a firearm. Full Text: ARTICLE VIII LOCAL GOVERNMENT Section 5. Local option. (a) 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 of 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 beers shall be regulated by law. (b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.
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CONSTITUTIONAL REVISION Article I, Sections 4, 9, 16(a), 18, 23; Article II, Sections 5(b), 8(g)-(i); Article III, Sections 3(f), 8(a)-(b), 17(b)-(c), 18, 19(d); Article IV, Sections 1(a) & (c), 2, 3(b), 4(e), 7(a); Article V, Sections 1, 2(a) & (b), 3(a), 8, 10(a), 11(c), 17, 18, 20(c)(6) & (9), 20(d)(8), 20(e)(1); Article VII, Sections 4(b), 6(b); Article IX, Section 5; Article X, Sections 3, 4(a); Article XI, Sections 2, 6 MISCELLANEOUS MATTERS AND TECHNICAL REVISIONS Ballot Summary: Removes gender-specific references; allows prison sentences in court-martial actions; consolidates ethics code provisions; specifies time for veto message consideration; clarifies that legislature gives designated officials final general appropriations bills 72 hours before passage; allows direct appeal of courts-martial to specified state court and advisory opinions from federal military courts; requires earlier constitution revision commission appointments; changes tax and budget reform commission voting procedures and meetings from every 10 to every 20 years. Full Text: ARTICLE I DECLARATION OF RIGHTS Section 4. Freedom of speech and press. Every person may speak, write and publish 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 oneself Section 16. Rights of accused and of victims. (a) In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation Section 18. Administrative penalties. No administrative agency, except the Department of Military Affairs in an appropriately convened court-martial action as provided by law, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. Section 23. Right of privacy. Every natural person has the right to be let alone and free from governmental intrusion into the person's ARTICLE II GENERAL PROVISIONS Section 5. Public officers. 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 a Section 8. 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: (g) A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law. (h) (i) (1) 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 together with one of the following: a. A copy of the person's most recent federal income tax return; or b. 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 commission established in subsection (f), and such rules shall include disclosure of secondary sources of income. (2) Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (i)(1) (3) The independent commission provided for in subsection (f) shall mean the Florida Commission on Ethics. ARTICLE III LEGISLATURE Section 3. Sessions of the legislature. (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, and Section 8. Executive approval and veto. (a) Every bill passed by the legislature shall be presented to the governor for (b) When a bill or any specific appropriation of a general appropriation bill has been vetoed, Section 17. 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 (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 the chief justice 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. State Budgeting, Planning and Appropriations Processes. (d) Seventy-two Hour Public Review Period. ARTICLE IV EXECUTIVE Section 1. Governor. (a) The supreme executive power shall be vested in a governor, who (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 the governor's Section 2. Lieutenant governor. There shall be a lieutenant governor, who Section 3. Succession to office of governor; acting governor. (b) Upon impeachment of the governor and until completion of trial thereof, or during Section 4. Cabinet. (e) The treasurer shall keep all state funds and securities and 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 States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform 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 connected with the functions of their offices. The legislature may establish by general law a civil traffic hearing officer system for the purpose of hearing civil traffic infractions. The legislature may, by general law, authorize a military court-martial to be conducted by military judges of the Florida National Guard, with direct appeal of a decision to the District Court of Appeal, First District. 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 proceeding 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. The supreme court shall adopt rules to allow the court and the district courts of appeal to submit questions relating to military law to the federal Court of Appeals for the Armed Forces for an advisory opinion. (b) The chief justice of the supreme court shall be chosen by a majority of the members of the court; Section 3. Supreme court. (a) Organization. The supreme court shall consist of seven justices. Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the Section 8. Eligibility. No person shall be eligible for office of justice or judge of any court unless the person Section 10. Retention; election and terms. (a) Any justice of the supreme court or any judge of a district court of appeal may qualify for retention by a vote of the electors in the general election next preceding the expiration of the justice's or judge's Section 11. Vacancies. (c) The nominations shall be made within thirty days from the occurrence of a vacancy unless the period is extended by the governor for a time not to exceed thirty days. The governor shall make the appointment within sixty days after the nominations have been certified to the governor Section 17. State attorneys. In each judicial circuit a state attorney shall be elected for a term of four years. Except as otherwise provided in this constitution, the state attorney Section 18. Public defenders. In each judicial circuit a public defender shall be elected for a term of four years, who Section 20. Schedule to Article V. (c) After this article becomes effective, and until changed by general law consistent with sections 1 through 19 of this article: (6) No justice or judge shall be a member of a judicial nominating commission. A member of a judicial nominating commission may hold public office other than judicial office. No member shall be eligible for appointment to state judicial office so long as that person (9) Any municipality or county may apply to the chief judge of the circuit in which that municipality or county is situated for the county court to sit in a location suitable to the municipality or county and convenient in time and place to its citizens and police officers and upon such application said chief judge shall direct the court to sit in the location unless the chief judge (d) When this article becomes effective: (8) No judge of a court abolished by this article shall become or be eligible to become a judge of the circuit court unless the judge (e) Limited Operation of Some Provisions. (1) All justices of the supreme court, judges of the district courts of appeal and circuit judges in office upon the effective date of this article shall retain their offices for the remainder of their respective terms. All members of the judicial qualifications commission in office upon the effective date of this article shall retain their offices for the remainder of their respective terms. Each state attorney in office on the effective date of this article shall retain the ARTICLE VII FINANCE AND TAXATION Section 4. Taxation; assessments. By general law regulations shall be prescribed which shall secure a just valuation of all property for ad valorem taxation, provided: (b) Pursuant to general law tangible personal property held for sale as stock in trade and livestock may be valued for taxation at a specified percentage of its value, may be classified for tax purposes Section 6. Homestead exemptions. (b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit. No exemption shall exceed the value of the real estate assessable to the owner or, in case of ownership through stock or membership in a corporation, the value of the proportion which the ARTICLE IX EDUCATION Section 5. Superintendent of schools. In each school district there shall be a superintendent of schools who ARTICLE X MISCELLANEOUS Section 3. Vacancy in office. Vacancy in office shall occur upon the creation of an office, upon the death, Section 4. Homestead; exemptions. (a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person: (1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner's consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner's (2) personal property to the value of one thousand dollars. ARTICLE XI AMENDMENTS Section 2. Revision commission. (a) Within thirty days before the convening of the 2017 (1) the attorney general of the state; (2) fifteen members selected by the governor; (3) nine members selected by the speaker of the house of representatives and nine members selected by the president of the senate; and (4) three members selected by the chief justice of the supreme court of Florida with the advice of the justices. (b) The governor shall designate one member of the commission as its chair (c) Each constitution revision commission shall convene at the call of its chair Section 6. Taxation and budget reform commission. (a) Beginning in 2007 (1) eleven members selected by the governor, none of whom shall be a member of the legislature at the time of appointment. (2) seven members selected by the speaker of the house of representatives and seven members selected by the president of the senate, none of whom shall be a member of the legislature at the time of appointment. (3) four non-voting ex officio members, all of whom shall be members of the legislature at the time of appointment. Two of these members, one of whom shall be a member of the minority party in the house of representatives, shall be selected by the speaker of the house of representatives, and two of these members, one of whom shall be a member of the minority party in the senate, shall be selected by the president of the senate. (b) Vacancies in the membership of the commission shall be filled in the same manner as the original appointments. (c) At its initial meeting, the members of the commission shall elect a member who is not a member of the legislature to serve as chair |