CODING: Words stricken are deletions; words underlined are additions.

House Bill 0997

Florida House of Representatives - 1997 HJR 997 By Representative Bullard 1 House Joint Resolution 2 A joint resolution proposing amendments to 3 Section 8 of Article II, Section 15 of Article 4 III, and Section 4 of Article VI of the State 5 Constitution relating to legislative campaign 6 contributions, terms, and term limitations. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 10 That the following amendments to Section 8 of Article 11 II, Section 15 of Article III, and Section 4 of Article VI of 12 the State Constitution are agreed to and shall be submitted to 13 the electors of this state for approval or rejection at the 14 next general election or at an earlier special election 15 specifically authorized by law for that purpose: 16 ARTICLE II 17 GENERAL PROVISIONS 18 SECTION 8. Ethics in government.--A public office is a 19 public trust. The people shall have the right to secure and 20 sustain that trust against abuse. To assure this right: 21 (a) All elected constitutional officers and candidates 22 for such offices and, as may be determined by law, other 23 public officers, candidates, and employees shall file full and 24 public disclosure of their financial interests. 25 (b) All elected public officers and candidates for 26 such offices shall file full and public disclosure of their 27 campaign finances. 28 (c) Any public officer or employee who breaches the 29 public trust for private gain and any person or entity 30 inducing such breach shall be liable to the state for all 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HJR 997 546-148A-97 1 financial benefits obtained by such actions. The manner of 2 recovery and additional damages may be provided by law. 3 (d) Any public officer or employee who is convicted of 4 a felony involving a breach of public trust shall be subject 5 to forfeiture of rights and privileges under a public 6 retirement system or pension plan in such manner as may be 7 provided by law. 8 (e) No member of the legislature or statewide elected 9 officer shall personally represent another person or entity 10 for compensation before the government body or agency of which 11 the individual was an officer or member for a period of two 12 years following vacation of office. No member of the 13 legislature shall personally represent another person or 14 entity for compensation during term of office before any state 15 agency other than judicial tribunals. Similar restrictions on 16 other public officers and employees may be established by law. 17 (f) A member of the legislature who seeks re-election 18 or a candidate for legislative office may not solicit or 19 accept campaign contributions sooner than one year before the 20 general election held to fill such office. 21 (g)(f) There shall be an independent commission to 22 conduct investigations and make public reports on all 23 complaints concerning breach of public trust by public 24 officers or employees not within the jurisdiction of the 25 judicial qualifications commission. 26 (h)(g) This section shall not be construed to limit 27 disclosures and prohibitions which may be established by law 28 to preserve the public trust and avoid conflicts between 29 public duties and private interests. 30 (i)(h) Schedule--On the effective date of this 31 amendment and until changed by law: 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HJR 997 546-148A-97 1 (1) Full and public disclosure of financial interests 2 shall mean filing with the secretary of state by July 1 of 3 each year a sworn statement showing net worth and identifying 4 each asset and liability in excess of $1,000 and its value 5 together with one of the following: 6 a. A copy of the person's most recent federal income 7 tax return; or 8 b. A sworn statement which identifies each separate 9 source and amount of income which exceeds $1,000. The forms 10 for such source disclosure and the rules under which they are 11 to be filed shall be prescribed by the independent commission 12 established in subsection (g)(f), and such rules shall include 13 disclosure of secondary sources of income. 14 (2) Persons holding statewide elective offices shall 15 also file disclosure of their financial interests pursuant to 16 subsection (i)(1)(h)(1). 17 (3) The independent commission provided for in 18 subsection (g)(f) shall mean the Florida Commission on Ethics. 19 ARTICLE III 20 LEGISLATURE 21 SECTION 15. Terms and qualifications of legislators.-- 22 (a) SENATORS. Senators shall be elected for terms of 23 six four years, those from odd-numbered districts the number 24 in the years the numbers of which is divisible by three in 25 each even-numbered year the number of which is a multiple of 26 three; those from even-numbered districts the number of which 27 is not divisible by three in the second year following an 28 even-numbered year the number of which is a multiple of three 29 and those from odd-numbered districts the number of which is 30 not divisible by three in the fourth year following an 31 even-numbered year the number of which is a multiple of three 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HJR 997 546-148A-97 1 are multiples of four and those from even-numbered districts 2 in even-numbered years the numbers of which are not multiples 3 of four; except, at the election next following a 4 reapportionment, some senators shall be elected for terms of 5 two years and some for terms of four years when necessary to 6 maintain staggered terms. 7 (b) REPRESENTATIVES. Members of the house of 8 representatives shall be elected for terms of four two years, 9 those from odd-numbered districts in the years the numbers of 10 which are multiples of four and those from even-numbered 11 districts in even-numbered years the numbers of which are not 12 multiples of four; except, at the election next following a 13 reapportionment, some representatives shall be elected for 14 terms of two years when necessary to maintain staggered terms 15 in each even-numbered year. 16 (c) QUALIFICATIONS. Each legislator shall be at least 17 twenty-one years of age, an elector and resident of the 18 district from which elected and shall have resided in the 19 state for a period of two years prior to election. 20 (d) ASSUMING OFFICE; VACANCIES. Members of the 21 legislature shall take office upon election. Vacancies in 22 legislative office shall be filled only by election as 23 provided by law. 24 ARTICLE VI 25 SUFFRAGE AND ELECTIONS 26 SECTION 4. Disqualifications.-- 27 (a) No person convicted of a felony, or adjudicated in 28 this or any other state to be mentally incompetent, shall be 29 qualified to vote or hold office until restoration of civil 30 rights or removal of disability. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HJR 997 546-148A-97 1 (b) No person may appear on the ballot for re-election 2 to any of the following offices: 3 (1) Florida representative, 4 (2) Florida senator, 5 (3) Florida Lieutenant governor, 6 (4) any office of the Florida cabinet, 7 (5) U.S. Representative from Florida, or 8 (6) U.S. Senator from Florida 9 10 if, by the end of the current term of office, the person will 11 have served (or, but for resignation, would have served) in 12 that office for eight consecutive years; provided, however, 13 that for a person seeking re-election to the office of Florida 14 representative or Florida senator the person will have served 15 (or, but for resignation, would have served) in that office 16 for twelve consecutive years. 17 BE IT FURTHER RESOLVED that in accordance with the 18 requirements of section 101.161, Florida Statutes, the title 19 and substance of the amendment proposed herein shall appear on 20 the ballot as follows: 21 LIMITATION ON CAMPAIGN 22 CONTRIBUTIONS AND EXTENSION 23 OF TERMS FOR LEGISLATORS 24 Proposing amendments to Section 8 of Article II, 25 Section 15 of Article III, and Section 4 of Article VI of the 26 State Constitution to prohibit legislators and legislative 27 candidates from soliciting or accepting campaign contributions 28 sooner than 1 year before the election; to extend the term of 29 Senators to 6 years and Representatives to 4 years; and to 30 increase the limit on legislators' terms from 8 to 12 years. 31 5