Senate Bill sb1666c1

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    Florida Senate - 2002                 CS for SJR's 1666 & 1118

    By the Committee on Ethics and Elections; and Senators Silver,
    Rossin, Latvala and Sullivan




    313-2118-02

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing amendments to

  3         Section 5 of Article IV and Section 4 of

  4         Article VI and the creation of Section 26 of

  5         Article XII of the State Constitution, relating

  6         to suffrage and elections; revising limitations

  7         on the number of consecutive years during which

  8         certain elected constitutional officers may

  9         hold office.

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11  Be It Resolved by the Legislature of the State of Florida:

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13         That the following amendments to Section 5 of Article

14  IV and Section 4 of Article VI and the creation of Section 26

15  of Article XII of the State Constitution are agreed to and

16  shall be submitted to the electors of this state for approval

17  or rejection at the next general election or an earlier

18  special election specifically authorized by law for that

19  purpose:

20                            ARTICLE IV

21                            EXECUTIVE

22         SECTION 5.  Election of governor, lieutenant governor

23  and cabinet members; qualifications; terms.--

24         (a)  At a state-wide general election in each calendar

25  year the number of which is even but not a multiple of four,

26  the electors shall choose a governor and a lieutenant governor

27  and members of the cabinet each for a term of four years

28  beginning on the first Tuesday after the first Monday in

29  January of the succeeding year. In primary elections,

30  candidates for the office of governor may choose to run

31  without a lieutenant governor candidate. In the general

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    Florida Senate - 2002                 CS for SJR's 1666 & 1118
    313-2118-02




  1  election, all candidates for the offices of governor and

  2  lieutenant governor shall form joint candidacies in a manner

  3  prescribed by law so that each voter shall cast a single vote

  4  for a candidate for governor and a candidate for lieutenant

  5  governor running together.

  6         (b)  When elected, the governor, lieutenant governor

  7  and each cabinet member must be an elector not less than

  8  thirty years of age who has resided in the state for the

  9  preceding seven years.  The attorney general must have been a

10  member of the bar of Florida for the preceding five years.  No

11  person who has, or but for resignation would have, served as

12  governor or acting governor for more than six years in two

13  consecutive terms shall be elected governor for the succeeding

14  term. No person may appear on the ballot for reelection to the

15  office of Lieutenant Governor if, by the end of the current

16  term of office, the person will have served, or but for

17  resignation would have served, in that office for eight

18  consecutive years.

19                            ARTICLE VI

20                      SUFFRAGE AND ELECTIONS

21         SECTION 4.  Disqualifications.--

22         (a)  No person convicted of a felony, or adjudicated in

23  this or any other state to be mentally incompetent, shall be

24  qualified to vote or hold office until restoration of civil

25  rights or removal of disability.

26         (b)  No person may appear on the ballot for re-election

27  to any of the following offices:

28         (1)  Florida representative,

29         (2)  Florida senator, or

30         (3)  Florida Lieutenant governor,

31         (3)(4)  any office of the Florida cabinet,

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    Florida Senate - 2002                 CS for SJR's 1666 & 1118
    313-2118-02




  1         (5)  U.S. Representative from Florida, or

  2         (6)  U.S. Senator from Florida

  3

  4  if, by the end of the current term of office, the person will

  5  have served (or, but for resignation, would have served) in

  6  that office for twelve eight consecutive years.

  7                           ARTICLE XII

  8                             SCHEDULE

  9         SECTION 26.  Term limits.--The amendment to Section 4

10  of Article VI denying ballot access for reelection to any

11  cabinet officer or state legislator who will have served, or

12  but for resignation would have served, in that office for 12

13  consecutive years, rather than 8 consecutive years, shall take

14  effect upon approval by the voters and shall apply only to

15  those officers whose consecutive years in office begin in

16  November 2002 or thereafter.

17         BE IT FURTHER RESOLVED that the following statement be

18  placed on the ballot:

19                     CONSTITUTIONAL AMENDMENT

20                      ARTICLE IV, SECTION 5

21                      ARTICLE VI, SECTION 4

22                     ARTICLE XII, SECTION 26

23         TERM LIMITS.--Proposing amendments to the State

24  Constitution to increase, from 8 consecutive years to 12

25  consecutive years, the limitation on holding office as a

26  Florida Representative, Florida Senator, or member of the

27  Florida Cabinet, to apply such limitation to such officers

28  whose consecutive years in office begin in November 2002 or

29  thereafter, and to remove provisions that apply term limits by

30  means of ballot access to members of Congress, which the

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    Florida Senate - 2002                 CS for SJR's 1666 & 1118
    313-2118-02




  1  United States Supreme Court has determined violate the U.S.

  2  Constitution.

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  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                        SJR 1666 and 1118

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  7  The committee substitute differs from the original bills in
    that it: does not impose term limits on Florida Supreme Court
  8  justices; does not extend the term of Governor and Lieutenant
    Governor from 8 consecutive years to 12 consecutive years;
  9  provides that the term limits extension from 8 to 12
    consecutive years for state legislators and Florida Cabinet
10  members does not apply to current office holders; and,
    specifically removes ballot access limitations on U.S.
11  Senators and U.S. Representatives, which the U.S. Supreme
    Court has determined are unenforceable.
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