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
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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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