Senate Bill sb1918e1

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  1                     Senate Joint Resolution

  2         A joint resolution proposing the revision of

  3         the whole State Constitution to correct

  4         spelling errors, punctuation errors,

  5         inconsistent use of capitalization, and other

  6         technical issues; to require the legislature to

  7         provide by law effective by July 1, 2008, for a

  8         process by which citizens may propose statutes;

  9         to repeal obsolete provisions; to repeal

10         portions of Article VI, section 4, which

11         provide for term limits on certain federal

12         officeholders and which have been held to be

13         unconstitutional; to repeal Article X, section

14         1, which pertains to the ratification of

15         amendments to the U.S. Constitution and has

16         been held to be unconstitutional; to repeal

17         Article X, section 5, which pertains to the

18         property rights of married persons and

19         authorizes dower and curtesy to be established

20         by law; to require the attorney general, if

21         directed by law, to request an advisory opinion

22         from the Supreme Court on the validity of a

23         statutory initiative; to repeal Article I,

24         section 26, which pertains to a claimant's

25         right to compensation in medical liability

26         claims, and to provide for its codification as

27         a statute; to repeal Article X, section 21,

28         which pertains to the confinement of pregnant

29         pigs, and to provide for its codification as a

30         statute; to repeal Article X, section 25, which

31         pertains to a patient's right to know about


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 1         adverse medical incidents, and to provide for

 2         its codification as a statute; to repeal

 3         Article X, section 26, which pertains to a

 4         prohibition on having a medical license after

 5         repeated medical malpractice, and to provide

 6         for its codification as a statute; to prohibit

 7         the modification, repeal, or acts inconsistent

 8         with constitutional provisions codified as

 9         statutes, except upon a supermajority vote of

10         both houses of the Legislature for a certain

11         period of time; to correct the date by which

12         the Taxation and Budget Reform Commission must

13         file proposed constitutional amendments with

14         the custodian of state records; and to provide

15         for the incorporation of amendments adopted

16         during the 2006 general election.

17  

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

19  

20         That the following revision to the State Constitution

21  is agreed to and shall be submitted to the electors of this

22  state for approval or rejection at the next general election

23  or at an earlier special election specifically authorized by

24  law for that purpose:

25  

26                             PREAMBLE

27  

28         We, the people of the State of Florida, being grateful

29  to Almighty God for our constitutional liberty, in order to

30  secure its benefits, perfect our government, ensure insure

31  domestic tranquility, maintain public order, and guarantee


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 1  equal civil and political rights to all, do ordain and

 2  establish this constitution.

 3  

 4                            ARTICLE I

 5                      DECLARATION OF RIGHTS

 6  

 7         SECTION 1.  Political power.--All political power is

 8  inherent in the people. The enunciation herein of certain

 9  rights shall not be construed to deny or impair others

10  retained by the people.

11         SECTION 2.  Basic rights.--All natural persons, female

12  and male alike, are equal before the law and have inalienable

13  rights, among which are the right to enjoy and defend life and

14  liberty, to pursue happiness, to be rewarded for industry, and

15  to acquire, possess, and protect property; except that the

16  ownership, inheritance, disposition, and possession of real

17  property by aliens ineligible for citizenship may be regulated

18  or prohibited by law. No person shall be deprived of any right

19  because of race, religion, national origin, or physical

20  disability.

21         SECTION 3.  Religious freedom.--There shall be no law

22  respecting the establishment of religion or prohibiting or

23  penalizing the free exercise thereof. Religious freedom shall

24  not justify practices inconsistent with public morals, peace,

25  or safety. No revenue of the state or any political

26  subdivision or agency thereof shall ever be taken from the

27  public treasury directly or indirectly in aid of any church,

28  sect, or religious denomination or in aid of any sectarian

29  institution.

30         SECTION 4.  Freedom of speech and press.--Every person

31  may speak, write, and publish sentiments on all subjects but


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 1  shall be responsible for the abuse of that right. No law shall

 2  be passed to restrain or abridge the liberty of speech or of

 3  the press. In all criminal prosecutions and civil actions for

 4  defamation, the truth may be given in evidence. If the matter

 5  charged as defamatory is true and was published with good

 6  motives, the party shall be acquitted or exonerated.

 7         SECTION 5.  Right to assemble.--The people shall have

 8  the right peaceably to assemble, to instruct their

 9  representatives, and to petition for redress of grievances.

10         SECTION 6.  Right to work.--The right of persons to

11  work shall not be denied or abridged on account of membership

12  or nonmembership non-membership in any labor union or labor

13  organization. The right of employees, by and through a labor

14  organization, to bargain collectively shall not be denied or

15  abridged. Public employees shall not have the right to strike.

16         SECTION 7.  Military power.--The military power shall

17  be subordinate to the civil.

18         SECTION 8.  Right to bear arms.--

19         (a)  The right of the people to keep and bear arms in

20  defense of themselves and of the lawful authority of the state

21  shall not be infringed, except that the manner of bearing arms

22  may be regulated by law.

23         (b)  There shall be a mandatory period of three days,

24  excluding weekends and legal holidays, between the purchase

25  and delivery at retail of any handgun. For the purposes of

26  this section, "purchase" means the transfer of money or other

27  valuable consideration to the retailer, and "handgun" means a

28  firearm capable of being carried and used by one hand, such as

29  a pistol or revolver. Holders of a concealed weapon permit as

30  prescribed in Florida law shall not be subject to the

31  provisions of this subsection paragraph.


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 1         (c)  The legislature shall enact legislation

 2  implementing subsection (b) of this section, effective no

 3  later than December 31, 1991, which shall provide that anyone

 4  violating the provisions of subsection (b) commits shall be

 5  guilty of a felony.

 6         (d)  This restriction shall not apply to a trade in of

 7  another handgun.

 8         SECTION 9.  Due process.--No person shall be deprived

 9  of life, liberty, or property without due process of law, or

10  be twice put in jeopardy for the same offense, or be compelled

11  in any criminal matter to be a witness against oneself.

12         SECTION 10.  Prohibited laws.--No bill of attainder, ex

13  post facto law, or law impairing the obligation of contracts

14  shall be passed.

15         SECTION 11.  Imprisonment for debt.--No person shall be

16  imprisoned for debt, except in cases of fraud.

17         SECTION 12.  Searches and seizures.--The right of the

18  people to be secure in their persons, houses, papers, and

19  effects against unreasonable searches and seizures, and

20  against the unreasonable interception of private

21  communications by any means, shall not be violated. No warrant

22  shall be issued except upon probable cause, supported by

23  affidavit, particularly describing the place or places to be

24  searched, the person or persons or, thing or things to be

25  seized, the communication to be intercepted, and the nature of

26  evidence to be obtained. This right shall be construed in

27  conformity with the Fourth 4th Amendment to the United States

28  Constitution, as interpreted by the United States Supreme

29  Court. Articles or information obtained in violation of this

30  right shall not be admissible in evidence if such articles or

31  information would be inadmissible under decisions of the


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 1  United States Supreme Court construing the Fourth 4th

 2  Amendment to the United States Constitution.

 3         SECTION 13.  Habeas corpus.--The writ of habeas corpus

 4  shall be grantable of right, freely and without cost. It shall

 5  be returnable without delay, and shall never be suspended

 6  unless, in case of rebellion or invasion, suspension is

 7  essential to the public safety.

 8         SECTION 14.  Pretrial release and detention.--Unless

 9  charged with a capital offense or an offense punishable by

10  life imprisonment and the proof of guilt is evident or the

11  presumption is great, every person charged with a crime or

12  violation of municipal or county ordinance shall be entitled

13  to pretrial release on reasonable conditions. If no conditions

14  of release can reasonably protect the community from risk of

15  physical harm to persons, ensure assure the presence of the

16  accused at trial, or ensure assure the integrity of the

17  judicial process, the accused may be detained.

18         SECTION 15.  Prosecution for crime; offenses committed

19  by children.--

20         (a)  No person shall be tried for capital crime without

21  presentment or indictment by a grand jury, or for other felony

22  without such presentment or indictment or an information under

23  oath filed by the prosecuting officer of the court, except

24  persons on active duty in the militia when tried by

25  courts-martial courts martial.

26         (b)  When authorized by law, a child as therein defined

27  may be charged with a violation of law as an act of

28  delinquency instead of crime and tried without a jury or other

29  requirements applicable to criminal cases. Any child so

30  charged shall, upon demand made as provided by law before a

31  trial in a juvenile proceeding, be tried in an appropriate


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 1  court as an adult. A child found delinquent shall be

 2  disciplined as provided by law.

 3         SECTION 16.  Rights of accused and of victims.--

 4         (a)  In all criminal prosecutions the accused shall,

 5  upon demand, be informed of the nature and cause of the

 6  accusation, and shall be furnished a copy of the charges. The

 7  accused, and shall have the right to have compulsory process

 8  for witnesses;, to confront at trial adverse witnesses;, to be

 9  heard in person, by counsel, or both;, and to have a speedy

10  and public trial by impartial jury in the county where the

11  crime was committed. If the county is not known, the

12  indictment or information may charge venue in two or more

13  counties conjunctively and proof that the crime was committed

14  in that area shall be sufficient; but before pleading the

15  accused may elect in which of those counties the trial will

16  take place. Venue for prosecution of crimes committed beyond

17  the boundaries of the state shall be fixed by law.

18         (b)  Victims of crime or their lawful representatives,

19  including the next of kin of homicide victims, are entitled to

20  the right to be informed, to be present, and to be heard when

21  relevant, at all crucial stages of criminal proceedings, to

22  the extent that these rights do not interfere with the

23  constitutional rights of the accused.

24         SECTION 17.  Excessive punishments.--Excessive fines,

25  cruel and unusual punishment, attainder, forfeiture of estate,

26  indefinite imprisonment, and unreasonable detention of

27  witnesses are forbidden. The death penalty is an authorized

28  punishment for capital crimes designated by the legislature.

29  The prohibition against cruel or unusual punishment, and the

30  prohibition against cruel and unusual punishment, shall be

31  construed in conformity with decisions of the United States


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 1  Supreme Court that which interpret the prohibition against

 2  cruel and unusual punishment provided in the Eighth Amendment

 3  to the United States Constitution. Any method of execution

 4  shall be allowed, unless prohibited by the United States

 5  Constitution. Methods of execution may be designated by the

 6  legislature, and a change in any method of execution may be

 7  applied retroactively. A sentence of death shall not be

 8  reduced on the basis that a method of execution is invalid. In

 9  any case in which an execution method is declared invalid, the

10  death sentence shall remain in force until the sentence can be

11  lawfully executed by any valid method. This section shall

12  apply retroactively.

13         SECTION 18.  Administrative penalties.--No

14  administrative agency, except the Department of Military

15  Affairs in an appropriately convened court-martial action as

16  provided by law, shall impose a sentence of imprisonment, nor

17  shall it impose any other penalty except as provided by law.

18         SECTION 19.  Costs.--No person charged with crime shall

19  be compelled to pay costs before a judgment of conviction has

20  become final.

21         SECTION 20.  Treason.--Treason against the state shall

22  consist only in levying war against it, adhering to its

23  enemies, or giving them aid and comfort, and no person shall

24  be convicted of treason except on the testimony of two

25  witnesses to the same overt act or on confession in open

26  court.

27         SECTION 21.  Access to courts.--The courts shall be

28  open to every person for redress of any injury, and justice

29  shall be administered without sale, denial, or delay.

30         SECTION 22.  Trial by jury.--The right of trial by jury

31  shall be secure to all and remain inviolate. The


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 1  qualifications and the number of jurors, not fewer than six,

 2  shall be fixed by law.

 3         SECTION 23.  Right of privacy.--Every natural person

 4  has the right to be let alone and free from governmental

 5  intrusion into the person's private life except as otherwise

 6  provided herein. This section shall not be construed to limit

 7  the public's right of access to public records and meetings as

 8  provided by law.

 9         SECTION 24.  Access to public records and meetings.--

10         (a)  Every person has the right to inspect or copy any

11  public record made or received in connection with the official

12  business of any public body, officer, or employee of the

13  state, or persons acting on their behalf, except with respect

14  to records exempted pursuant to this section or specifically

15  made confidential by this constitution. This section

16  specifically includes the legislative, executive, and judicial

17  branches of government and each agency or department created

18  thereunder; counties, municipalities, and districts; and each

19  constitutional officer, board, and commission, or entity

20  created pursuant to law or this constitution.

21         (b)  All meetings of any collegial public body of the

22  executive branch of state government or of any collegial

23  public body of a county, municipality, school district, or

24  special district, at which official acts are to be taken or at

25  which public business of such body is to be transacted or

26  discussed, shall be open and noticed to the public and

27  meetings of the legislature shall be open and noticed as

28  provided in Article III, section 4(e), except with respect to

29  meetings exempted pursuant to this section or specifically

30  closed by this constitution.

31  


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 1         (c)  This section shall be self-executing. The

 2  legislature, however, may provide by general law passed by a

 3  two-thirds vote of each house for the exemption of records

 4  from the requirements of subsection (a) and the exemption of

 5  meetings from the requirements of subsection (b), provided

 6  that such law shall state with specificity the public

 7  necessity justifying the exemption and shall be no broader

 8  than necessary to accomplish the stated purpose of the law.

 9  The legislature shall enact laws governing the enforcement of

10  this section, including the maintenance, control, destruction,

11  disposal, and disposition of records made public by this

12  section, except that each house of the legislature may adopt

13  rules governing the enforcement of this section in relation to

14  records of the legislative branch. Laws enacted pursuant to

15  this subsection shall contain only exemptions from the

16  requirements of subsection subsections (a) or subsection (b)

17  and provisions governing the enforcement of this section, and

18  shall relate to one subject.

19         (d)  All laws that are in effect on July 1, 1993 that

20  limit public access to records or meetings shall remain in

21  force, and such laws apply to records of the legislative and

22  judicial branches, until they are repealed. Rules of court

23  that are in effect on the date of adoption of this section

24  that limit access to records shall remain in effect until they

25  are repealed.

26         SECTION 25.  Taxpayers' Bill of Rights.--By general law

27  the legislature shall prescribe and adopt a Taxpayers' Bill of

28  Rights that, in clear and concise language, sets forth

29  taxpayers' rights and responsibilities and government's

30  responsibilities to deal fairly with taxpayers under the laws

31  of this state. This section shall be effective July 1, 1993.


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 1         SECTION 26.  Claimant's right to fair compensation.--

 2         (a)  Article I, Section 26 is created to read

 3  "Claimant's right to fair compensation." In any medical

 4  liability claim involving a contingency fee, the claimant is

 5  entitled to receive no less than 70% of the first $250,000.00

 6  in all damages received by the claimant, exclusive of

 7  reasonable and customary costs, whether received by judgment,

 8  settlement, or otherwise, and regardless of the number of

 9  defendants. The claimant is entitled to 90% of all damages in

10  excess of $250,000.00, exclusive of reasonable and customary

11  costs and regardless of the number of defendants. This

12  provision is self-executing and does not require implementing

13  legislation.

14         (b)  This Amendment shall take effect on the day

15  following approval by the voters.

16  

17                            ARTICLE II

18                        GENERAL PROVISIONS

19  

20         SECTION 1.  State boundaries.--

21         (a)  The state boundaries are: Begin at the mouth of

22  the Perdido River, which for the purposes of this description

23  is defined as the point where latitude 30°16'53" north and

24  longitude 87°31'06" west intersect; thence to the point where

25  latitude 30°17'02" north and longitude 87°31'06" west

26  intersect; thence to the point where latitude 30°18'00" north

27  and longitude 87°27'08" west intersect; thence to the point

28  where the center line of the Intracoastal Canal (as the same

29  existed on June 12, 1953) and longitude 87°27'00" west

30  intersect; the same being in the middle of the Perdido River;

31  thence up the middle of the Perdido River to the point where


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 1  it intersects the south boundary of the State of Alabama,

 2  being also the point of intersection of the middle of the

 3  Perdido River with latitude 31°00'00" north; thence east,

 4  along the south boundary line of the State of Alabama, the

 5  same being latitude 31°00'00" north to the middle of the

 6  Chattahoochee River; thence down the middle of said river to

 7  its confluence with the Flint River; thence in a straight line

 8  to the head of the St. Marys River; thence down the middle of

 9  said river to the Atlantic Ocean; thence due east to the edge

10  of the Gulf Stream or a distance of three geographic miles

11  whichever is the greater distance; thence in a southerly

12  direction along the edge of the Gulf Stream or along a line

13  three geographic miles from the Atlantic coastline and three

14  leagues distant from the Gulf of Mexico coastline, whichever

15  is greater, to and through the Straits of Florida and

16  westerly, including the Florida reefs, to a point due south of

17  and three leagues from the southernmost point of the Marquesas

18  Keys; thence westerly along a straight line to a point due

19  south of and three leagues from Loggerhead Key, the

20  westernmost of the Dry Tortugas Islands; thence westerly,

21  northerly and easterly along the arc of a curve three leagues

22  distant from Loggerhead Key to a point due north of Loggerhead

23  Key; thence northeast along a straight line to a point three

24  leagues from the coastline of Florida; thence northerly and

25  westerly three leagues distant from the coastline to a point

26  west of the mouth of the Perdido River three leagues from the

27  coastline as measured on a line bearing south 0°01'00" west

28  from the point of beginning; thence northerly along said line

29  to the point of beginning. The State of Florida shall also

30  include any additional territory within the United States

31  adjacent to the Peninsula of Florida lying south of the St.


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 1  Marys River, east of the Perdido River, and south of the

 2  States of Alabama and Georgia.

 3         (b)  The coastal boundaries may be extended by statute

 4  to the limits permitted by the laws of the United States or

 5  international law.

 6         SECTION 2.  Seat of government.--The seat of government

 7  shall be the City of Tallahassee, in Leon County, where the

 8  offices of the governor, lieutenant governor, cabinet members,

 9  and the supreme court shall be maintained and the sessions of

10  the legislature shall be held; provided that, in time of

11  invasion or grave emergency, the governor by proclamation may

12  for the period of the emergency transfer the seat of

13  government to another place.

14         SECTION 3.  Branches of government.--The powers of the

15  state government shall be divided into legislative, executive,

16  and judicial branches. No person belonging to one branch shall

17  exercise any powers appertaining to either of the other

18  branches unless expressly provided herein.

19         SECTION 4.  State seal and flag.--The design of the

20  great seal and flag of the state shall be prescribed by law.

21         SECTION 5.  Public officers.--

22         (a)  No person holding any office of emolument under

23  any foreign government, or civil office of emolument under the

24  United States or any other state, shall hold any office of

25  honor or of emolument under the government of this state. No

26  person shall hold at the same time more than one office under

27  the government of the state and the counties and

28  municipalities therein, except that a notary public or

29  military officer may hold another office, and any officer may

30  be a member of a constitution revision commission, taxation

31  


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 1  and budget reform commission, constitutional convention, or

 2  statutory body having only advisory powers.

 3         (b)  Each state and county officer, before entering

 4  upon the duties of the office, shall give bond as required by

 5  law, and shall swear or affirm:

 6         "I do solemnly swear (or affirm) that I will support,

 7  protect, and defend the Constitution and Government of the

 8  United States and of the State of Florida; that I am duly

 9  qualified to hold office under the constitution of the state;

10  and that I will well and faithfully perform the duties of

11  (title of office)    on which I am now about to enter. So help

12  me God.",

13  

14  and thereafter shall devote personal attention to the duties

15  of the office, and continue in office until a successor

16  qualifies.

17         (c)  The powers, duties, compensation, and method of

18  payment of state and county officers shall be fixed by law.

19         SECTION 6.  Enemy attack.--In periods of emergency

20  resulting from enemy attack, the legislature shall have power

21  to provide for prompt and temporary succession to the powers

22  and duties of all public offices the incumbents of which may

23  become unavailable to execute the functions of their offices,

24  and to adopt such other measures as may be necessary and

25  appropriate to ensure insure the continuity of governmental

26  operations during the emergency. In exercising these powers,

27  the legislature may depart from other requirements of this

28  constitution, but only to the extent necessary to meet the

29  emergency.

30         SECTION 7.  Natural resources and scenic beauty.--

31  


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 1         (a)  It shall be the policy of the state to conserve

 2  and protect its natural resources and scenic beauty. Adequate

 3  provision shall be made by law for the abatement of air and

 4  water pollution and of excessive and unnecessary noise and for

 5  the conservation and protection of natural resources.

 6         (b)  Those in the Everglades Agricultural Area who

 7  cause water pollution within the Everglades Protection Area or

 8  the Everglades Agricultural Area shall be primarily

 9  responsible for paying the costs of the abatement of that

10  pollution. For the purposes of this subsection, the terms

11  "Everglades Protection Area" and "Everglades Agricultural

12  Area" shall have the meanings as defined in statutes in effect

13  on January 1, 1996.

14         SECTION 8.  Ethics in government.--A public office is a

15  public trust. The people shall have the right to secure and

16  sustain that trust against abuse. To ensure assure this right:

17         (a)  All elected constitutional officers and candidates

18  for such offices and, as may be determined by law, other

19  public officers, candidates, and employees shall file full and

20  public disclosure of their financial interests.

21         (b)  All elected public officers and candidates for

22  such offices shall file full and public disclosure of their

23  campaign finances.

24         (c)  Any public officer or employee who breaches the

25  public trust for private gain and any person or entity

26  inducing such breach shall be liable to the state for all

27  financial benefits obtained by such actions. The manner of

28  recovery and additional damages may be provided by law.

29         (d)  Any public officer or employee who is convicted of

30  a felony involving a breach of public trust shall be subject

31  to forfeiture of rights and privileges under a public


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 1  retirement system or pension plan in such manner as may be

 2  provided by law.

 3         (e)  No member of the legislature or statewide elected

 4  officer shall personally represent another person or entity

 5  for compensation before the government body or agency of which

 6  the individual was an officer or member for a period of two

 7  years following vacation of office. No member of the

 8  legislature shall personally represent another person or

 9  entity for compensation during his or her term of office

10  before any state agency other than judicial tribunals. Similar

11  restrictions on other public officers and employees may be

12  established by law.

13         (f)  There shall be an independent commission to

14  conduct investigations and make public reports on all

15  complaints concerning breach of public trust by public

16  officers or employees not within the jurisdiction of the

17  judicial qualifications commission.

18         (g)  A code of ethics for all state employees and

19  nonjudicial officers prohibiting conflict between public duty

20  and private interests shall be prescribed by law.

21         (h)  This section shall not be construed to limit

22  disclosures and prohibitions that which may be established by

23  law to preserve the public trust and avoid conflicts between

24  public duties and private interests.

25         (i)  Schedule--On the effective date of this amendment

26  and Until changed by law:

27         (1)  Full and public disclosure of financial interests

28  shall mean filing with the custodian of state records by July

29  1 of each year a sworn statement showing net worth and

30  identifying each asset and liability in excess of one thousand

31  


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    CS for SJR 1918                                First Engrossed



 1  dollars $1,000 and its value together with one of the

 2  following:

 3         a.  A copy of the person's most recent federal income

 4  tax return; or

 5         b.  A sworn statement that which identifies each

 6  separate source and amount of income that which exceeds one

 7  thousand dollars $1,000. The forms for such source disclosure

 8  and the rules under which they are to be filed shall be

 9  prescribed by the independent commission established in

10  subsection (f), and such rules shall include disclosure of

11  secondary sources of income.

12         (2)  Persons holding statewide elective offices shall

13  also file disclosure of their financial interests pursuant to

14  paragraph subsection (i)(1).

15         (3)  The independent commission provided for in

16  subsection (f) shall mean the Florida Commission on Ethics.

17         SECTION 9.  English is the official language of

18  Florida.--

19         (a)  English is the official language of the State of

20  Florida.

21         (b)  The legislature shall have the power to enforce

22  this section by appropriate legislation.

23  

24                           ARTICLE III

25                           LEGISLATURE

26  

27         SECTION 1.  Composition.--The legislative power of the

28  state shall be vested in a legislature of the State of

29  Florida, consisting of a senate composed of one senator

30  elected from each senatorial district and a house of

31  


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    CS for SJR 1918                                First Engrossed



 1  representatives composed of one member elected from each

 2  representative district.

 3         SECTION 2.  Members; officers.--Each house shall be the

 4  sole judge of the qualifications, elections, and returns of

 5  its members, and shall biennially choose its officers,

 6  including a permanent presiding officer selected from its

 7  membership, who shall be designated in the senate as President

 8  of the Senate, and in the house as Speaker of the House of

 9  Representatives. The senate shall designate a Secretary to

10  serve at its pleasure, and the house of representatives shall

11  designate a Clerk to serve at its pleasure. The legislature

12  shall appoint an auditor to serve at its pleasure who shall

13  audit public records and perform related duties as prescribed

14  by law or concurrent resolution.

15         SECTION 3.  Sessions of the legislature.--

16         (a)  ORGANIZATION SESSIONS.--On the fourteenth day

17  following each general election the legislature shall convene

18  for the exclusive purpose of organization and selection of

19  officers.

20         (b)  REGULAR SESSIONS.--A regular session of the

21  legislature shall convene on the first Tuesday after the first

22  Monday in March of each odd-numbered year, and on the first

23  Tuesday after the first Monday in March, or such other date as

24  may be fixed by law, of each even-numbered year.

25         (c)  SPECIAL SESSIONS.--

26         (1)  The governor, by proclamation stating the purpose,

27  may convene the legislature in special session during which

28  only such legislative business may be transacted as is within

29  the purview of the proclamation, or of a communication from

30  the governor, or is introduced by consent of two-thirds of the

31  membership of each house.


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    CS for SJR 1918                                First Engrossed



 1         (2)  A special session of the legislature may be

 2  convened as provided by law.

 3         (d)  LENGTH OF SESSIONS.--A regular session of the

 4  legislature shall not exceed sixty consecutive days, and a

 5  special session shall not exceed twenty consecutive days,

 6  unless extended beyond such limit by a three-fifths vote of

 7  each house. During such an extension no new business may be

 8  taken up in either house without the consent of two-thirds of

 9  its membership.

10         (e)  ADJOURNMENT.--Neither house shall adjourn for more

11  than seventy-two consecutive hours except pursuant to

12  concurrent resolution.

13         (f)  ADJOURNMENT BY GOVERNOR.--If, during any regular

14  or special session, the two houses cannot agree upon a time

15  for adjournment, the governor may adjourn the session sine die

16  or to any date within the period authorized for such session;

17  provided that, at least twenty-four hours before adjourning

18  the session, and while neither house is in recess, each house

19  shall be given formal written notice of the governor's

20  intention to do so, and agreement reached within that period

21  by both houses on a time for adjournment shall prevail.

22         SECTION 4.  Quorum and procedure.--

23         (a)  A majority of the membership of each house shall

24  constitute a quorum, but a smaller number may adjourn from day

25  to day and compel the presence of absent members in such

26  manner and under such penalties as it may prescribe. Each

27  house shall determine its rules of procedure.

28         (b)  Sessions of each house shall be public,; except

29  that sessions of the senate when considering appointment to or

30  removal from public office may be closed.

31  


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    CS for SJR 1918                                First Engrossed



 1         (c)  Each house shall keep and publish a journal of its

 2  proceedings; and, upon the request of five members present,

 3  the vote of each member voting on any question shall be

 4  entered on the journal. In any legislative committee or

 5  subcommittee, the vote of each member voting on the final

 6  passage of any legislation pending before the committee, and

 7  upon the request of any two members of the committee or

 8  subcommittee, the vote of each member on any other question,

 9  shall be recorded.

10         (d)  Each house may punish a member for contempt or

11  disorderly conduct and, by a two-thirds vote of its

12  membership, may expel a member.

13         (e)  The rules of procedure of each house shall provide

14  that all legislative committee and subcommittee meetings of

15  each house, and joint conference committee meetings, shall be

16  open and noticed to the public. The rules of procedure of each

17  house shall further provide that all prearranged gatherings,

18  between more than two members of the legislature, or between

19  the governor, the president of the senate, or the speaker of

20  the house of representatives, the purpose of which is to agree

21  upon formal legislative action that will be taken at a

22  subsequent time, or at which formal legislative action is

23  taken, regarding pending legislation or amendments, shall be

24  reasonably open to the public. All open meetings shall be

25  subject to order and decorum. This section shall be

26  implemented and defined by the rules of each house, and such

27  rules shall control admission to the floor of each legislative

28  chamber and may, where reasonably necessary for security

29  purposes or to protect a witness appearing before a committee,

30  provide for the closure of committee meetings. Each house

31  


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    CS for SJR 1918                                First Engrossed



 1  shall be the sole judge for the interpretation,

 2  implementation, and enforcement of this section.

 3         SECTION 5.  Investigations; witnesses.--Each house,

 4  when in session, may compel attendance of witnesses and

 5  production of documents and other evidence upon any matter

 6  under investigation before it or any of its committees, and

 7  may punish by fine not exceeding one thousand dollars or

 8  imprisonment not exceeding ninety days, or both, any person

 9  not a member who has been guilty of disorderly or contemptuous

10  conduct in its presence or has refused to obey its lawful

11  summons or to answer lawful questions. Such powers, except the

12  power to punish, may be conferred by law upon committees when

13  the legislature is not in session. Punishment of contempt of

14  an interim legislative committee shall be by judicial

15  proceedings as prescribed by law.

16         SECTION 6.  Laws.--Every law shall embrace but one

17  subject and matter properly connected therewith, and the

18  subject shall be briefly expressed in the title. No law shall

19  be revised or amended by reference to its title only. Laws to

20  revise or amend shall set out in full the revised or amended

21  act, section, subsection, or paragraph of a subsection. The

22  enacting clause of every law shall read:  "Be It Enacted by

23  the Legislature of the State of Florida:.".

24         SECTION 7.  Passage of bills.--Any bill may originate

25  in either house and after passage in one may be amended in the

26  other. It shall be read in each house on three separate days,

27  unless this rule is waived by two-thirds vote; provided the

28  publication of its title in the journal of a house shall

29  satisfy the requirement for the first reading in that house.

30  On each reading, it shall be read by title only, unless

31  one-third of the members present desire it read in full. On


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    CS for SJR 1918                                First Engrossed



 1  final passage, the vote of each member voting shall be entered

 2  on the journal. Passage of a bill shall require a majority

 3  vote in each house. Each bill and joint resolution passed in

 4  both houses shall be signed by the presiding officers of the

 5  respective houses and by the secretary of the senate and the

 6  clerk of the house of representatives during the session or as

 7  soon as practicable after its adjournment sine die.

 8         SECTION 8.  Executive approval and veto.--

 9         (a)  Every bill passed by the legislature shall be

10  presented to the governor for approval and shall become a law

11  if the governor approves and signs it, or fails to veto it

12  within seven consecutive days after presentation. If during

13  that period or on the seventh day the legislature adjourns

14  sine die or takes a recess of more than thirty days, the

15  governor shall have fifteen consecutive days from the date of

16  presentation to act on the bill. In all cases except general

17  appropriation bills, the veto shall extend to the entire bill.

18  The governor may veto any specific appropriation in a general

19  appropriation bill, but may not veto any qualification or

20  restriction without also vetoing the appropriation to which it

21  relates.

22         (b)  When a bill or any specific appropriation of a

23  general appropriation bill has been vetoed, the governor shall

24  transmit signed objections thereto to the house in which the

25  bill originated if in session. If that house is not in

26  session, the governor shall file them with the custodian of

27  state records, who shall lay them before that house at its

28  next regular or special session, whichever occurs first, and

29  they shall be entered on its journal. If the originating house

30  votes to reenact re-enact a vetoed measure, whether in a

31  regular or special session, and the other house does not


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    CS for SJR 1918                                First Engrossed



 1  consider or fails to reenact re-enact the vetoed measure, no

 2  further consideration by either house at any subsequent

 3  session may be taken. If a vetoed measure is presented at a

 4  special session and the originating house does not consider

 5  it, the measure will be available for consideration at any

 6  intervening special session and until the end of the next

 7  regular session.

 8         (c)  If each house shall, by a two-thirds vote, reenact

 9  re-enact the bill or reinstate the vetoed specific

10  appropriation of a general appropriation bill, the vote of

11  each member voting shall be entered on the respective

12  journals, and the bill shall become law or the specific

13  appropriation reinstated, the veto notwithstanding.

14         SECTION 9.  Effective date of laws.--Each law shall

15  take effect on the sixtieth day after adjournment sine die of

16  the session of the legislature in which enacted or as

17  otherwise provided therein. If the law is passed over the veto

18  of the governor, it shall take effect on the sixtieth day

19  after adjournment sine die of the session in which the veto is

20  overridden, on a later date fixed in the law, or on a date

21  fixed by resolution passed by both houses of the legislature.

22         SECTION 10.  Special laws.--No special law shall be

23  passed unless notice of intention to seek enactment thereof

24  has been published in the manner provided by general law. Such

25  notice shall not be necessary when the law, except the

26  provision for referendum, is conditioned to become effective

27  only upon approval by vote of the electors of the area

28  affected.

29         SECTION 11.  Prohibited special laws.--

30         (a)  There shall be no special law or general law of

31  local application pertaining to the following:


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    CS for SJR 1918                                First Engrossed



 1         (1)  Election, jurisdiction, or duties of officers,

 2  except officers of municipalities, chartered counties, special

 3  districts, or local governmental agencies.;

 4         (2)  Assessment or collection of taxes for state or

 5  county purposes, including extension of time therefor, relief

 6  of tax officers from due performance of their duties, and

 7  relief of their sureties from liability.;

 8         (3)  Rules of evidence in any court.;

 9         (4)  Punishment for crime.;

10         (5)  Petit juries, including compensation of jurors,

11  except establishment of jury commissions.;

12         (6)  Change of civil or criminal venue.;

13         (7)  Conditions precedent to bringing any civil or

14  criminal proceedings, or limitations of time therefor.;

15         (8)  Refund of money legally paid or remission of

16  fines, penalties, or forfeitures.;

17         (9)  Creation, enforcement, extension, or impairment of

18  liens based on private contracts, or fixing of interest rates

19  on private contracts.;

20         (10)  Disposal of public property, including any

21  interest therein, for private purposes.;

22         (11)  Vacation of roads.;

23         (12)  Private incorporation or grant of privilege to a

24  private corporation.;

25         (13)  Effectuation of invalid deeds, wills, or other

26  instruments, or change in the law of descent.;

27         (14)  Change of name of any person.;

28         (15)  Divorce.;

29         (16)  Legitimation or adoption of persons.;

30         (17)  Relief of minors from legal disabilities.;

31  


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    CS for SJR 1918                                First Engrossed



 1         (18)  Transfer of any property interest of persons

 2  under legal disabilities or of estates of decedents.;

 3         (19)  Hunting or freshwater fresh water fishing.;

 4         (20)  Regulation of occupations which are regulated by

 5  a state agency.; or

 6         (21)  Any subject when prohibited by general law passed

 7  by a three-fifths vote of the membership of each house. Such

 8  law may be amended or repealed by like vote.

 9         (b)  In the enactment of general laws on other

10  subjects, political subdivisions or other governmental

11  entities may be classified only on a basis reasonably related

12  to the subject of the law.

13         SECTION 12.  Appropriation bills.--Laws making

14  appropriations for salaries of public officers and other

15  current expenses of the state shall contain provisions on no

16  other subject.

17         SECTION 13.  Term of office.--No office shall be

18  created the term of which shall exceed four years except as

19  provided herein.

20         SECTION 14.  Civil service system.--By law there shall

21  be created a civil service system for state employees, except

22  those expressly exempted, and there may be created civil

23  service systems and boards for county, district, or municipal

24  employees and for such offices thereof as are not elected or

25  appointed by the governor, and there may be authorized such

26  boards as are necessary to prescribe the qualifications,

27  method of selection, and tenure of such employees and

28  officers.

29         SECTION 15.  Terms and qualifications of legislators.--

30         (a)  SENATORS.--Senators shall be elected for terms of

31  four years, those from odd-numbered districts in the years the


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    CS for SJR 1918                                First Engrossed



 1  numbers of which are multiples of four and those from

 2  even-numbered districts in even-numbered years the numbers of

 3  which are not multiples of four; except, at the election next

 4  following a reapportionment, some senators shall be elected

 5  for terms of two years when necessary to maintain staggered

 6  terms.

 7         (b)  REPRESENTATIVES.--Members of the house of

 8  representatives shall be elected for terms of two years in

 9  each even-numbered year.

10         (c)  QUALIFICATIONS.--Each legislator shall be at least

11  twenty-one years of age, shall be an elector and resident of

12  the district from which elected, and shall have resided in the

13  state for a period of two years prior to election.

14         (d)  ASSUMING OFFICE; VACANCIES.--Members of the

15  legislature shall take office upon election. A vacancy

16  Vacancies in a legislative office shall be filled only by

17  election as provided by law.

18         SECTION 16.  Legislative apportionment.--

19         (a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.--The

20  legislature at its regular session in the second year

21  following each decennial census, by joint resolution, shall

22  apportion the state in accordance with the Constitution of the

23  State of Florida and of the United States into not fewer less

24  than thirty nor more than forty consecutively numbered

25  senatorial districts of either contiguous, overlapping, or

26  identical territory, and into not less than eighty nor more

27  than one hundred twenty consecutively numbered representative

28  districts of either contiguous, overlapping, or identical

29  territory. Should that session adjourn without adopting such

30  joint resolution, the governor by proclamation shall reconvene

31  the legislature within thirty days in special apportionment


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    CS for SJR 1918                                First Engrossed



 1  session which shall not exceed thirty consecutive days, during

 2  which no other business shall be transacted, and it shall be

 3  the mandatory duty of the legislature to adopt a joint

 4  resolution of apportionment.

 5         (b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL

 6  REAPPORTIONMENT.--In the event a special apportionment session

 7  of the legislature finally adjourns without adopting a joint

 8  resolution of apportionment, the attorney general shall,

 9  within five days, petition the supreme court of the state to

10  make such apportionment. No later than the sixtieth day after

11  the filing of such petition, the supreme court shall file with

12  the custodian of state records an order making such

13  apportionment.

14         (c)  JUDICIAL REVIEW OF APPORTIONMENT.--Within fifteen

15  days after the passage of the joint resolution of

16  apportionment, the attorney general shall petition the supreme

17  court of the state for a declaratory judgment determining the

18  validity of the apportionment. The supreme court, in

19  accordance with its rules, shall permit adversary interests to

20  present their views and, within thirty days from the filing of

21  the petition, shall enter its judgment.

22         (d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY

23  APPORTIONMENT SESSION.--A judgment of the supreme court of the

24  state determining the apportionment to be valid shall be

25  binding upon all the citizens of the state. Should the supreme

26  court determine that the apportionment made by the legislature

27  is invalid, the governor by proclamation shall reconvene the

28  legislature within five days thereafter in an extraordinary

29  apportionment session that which shall not exceed fifteen

30  days, during which the legislature shall adopt a joint

31  


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    CS for SJR 1918                                First Engrossed



 1  resolution of apportionment conforming to the judgment of the

 2  supreme court.

 3         (e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF

 4  APPORTIONMENT.--Within fifteen days after the adjournment of

 5  an extraordinary apportionment session, the attorney general

 6  shall file a petition in the supreme court of the state

 7  setting forth the apportionment resolution adopted by the

 8  legislature, or, if none has been adopted, reporting that fact

 9  to the court. Consideration of the validity of a joint

10  resolution of apportionment shall be had as provided for in

11  cases of such joint resolution adopted at a regular or special

12  apportionment session.

13         (f)  JUDICIAL REAPPORTIONMENT.--Should an extraordinary

14  apportionment session fail to adopt a resolution of

15  apportionment or should the supreme court determine that the

16  apportionment made is invalid, the court shall, not later than

17  sixty days after receiving the petition of the attorney

18  general, file with the custodian of state records an order

19  making such apportionment.

20         SECTION 17.  Impeachment.--

21         (a)  The governor, lieutenant governor, members of the

22  cabinet, justices of the supreme court, judges of district

23  courts of appeal, judges of circuit courts, and judges of

24  county courts shall be liable to impeachment for misdemeanor

25  in office. The house of representatives by two-thirds vote

26  shall have the power to impeach an officer. The speaker of the

27  house of representatives shall have power at any time to

28  appoint a committee to investigate charges against any officer

29  subject to impeachment.

30         (b)  An officer impeached by the house of

31  representatives shall be disqualified from performing any


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    CS for SJR 1918                                First Engrossed



 1  official duties until acquitted by the senate, and, unless

 2  impeached, the governor may by appointment fill the office

 3  until completion of the trial.

 4         (c)  All impeachments by the house of representatives

 5  shall be tried by the senate. The chief justice of the supreme

 6  court, or another justice designated by the chief justice,

 7  shall preside at the trial, except in a trial of the chief

 8  justice, in which case the governor shall preside. The senate

 9  shall determine the time for the trial of any impeachment and

10  may sit for the trial whether the house of representatives be

11  in session or not. The time fixed for trial shall not be more

12  than six months after the impeachment. During an impeachment

13  trial senators shall be upon their oath or affirmation. No

14  officer shall be convicted without the concurrence of

15  two-thirds of the members of the senate present. Judgment of

16  conviction in cases of impeachment shall remove the offender

17  from office and, in the discretion of the senate, may include

18  disqualification to hold any office of honor, trust, or

19  profit. Conviction or acquittal shall not affect the civil or

20  criminal responsibility of the officer.

21         SECTION 18.  Conflict of interest.--A code of ethics

22  for all state employees and nonjudicial officers prohibiting

23  conflict between public duty and private interests shall be

24  prescribed by law.

25         SECTION 18 19.  State budgeting, planning, and

26  appropriations processes.--

27         (a)  ANNUAL BUDGETING.--Effective July 1, 1994, General

28  law shall prescribe the adoption of annual state budgetary and

29  planning processes and require that detail reflecting the

30  annualized costs of the state budget and reflecting the

31  nonrecurring costs of the budget requests shall accompany


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    CS for SJR 1918                                First Engrossed



 1  state department and agency legislative budget requests, the

 2  governor's recommended budget, and appropriation bills. For

 3  purposes of this subsection, the terms "department" and

 4  "agency" shall include the judicial branch.

 5         (b)  APPROPRIATION BILLS FORMAT.--Separate sections

 6  within the general appropriation bill shall be used for each

 7  major program area of the state budget; major program areas

 8  shall include: education enhancement "lottery" trust fund

 9  items; education (all other funds); human services; criminal

10  justice and corrections; natural resources, environment,

11  growth management, and transportation; general government; and

12  judicial branch. Each major program area shall include an

13  itemization of expenditures for: state operations; state

14  capital outlay; aid to local governments and nonprofit

15  organizations operations; aid to local governments and

16  nonprofit organizations capital outlay; federal funds and the

17  associated state matching funds; spending authorizations for

18  operations; and spending authorizations for capital outlay.

19  Additionally, appropriation bills passed by the legislature

20  shall include an itemization of specific appropriations that

21  exceed one million dollars ($1,000,000.00) in 1992 dollars.

22  For purposes of this subsection, "specific appropriation,"

23  "itemization," and "major program area" shall be defined by

24  law. This itemization threshold shall be adjusted by general

25  law every four years to reflect the rate of inflation or

26  deflation as indicated in the Consumer Price Index for All

27  Urban Consumers, U.S. City Average, All Items, or successor

28  reports as reported by the United States Department of Labor,

29  Bureau of Labor Statistics or its successor. Substantive bills

30  containing appropriations shall also be subject to the

31  itemization requirement mandated under this provision and


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    CS for SJR 1918                                First Engrossed



 1  shall be subject to the governor's specific appropriation veto

 2  power described in Article III, section 8. This subsection

 3  shall be effective July 1, 1994.

 4         (c)  APPROPRIATIONS REVIEW PROCESS.--Effective July 1,

 5  1993, General law shall prescribe requirements for each

 6  department and agency of state government to submit a planning

 7  document and supporting budget request for review by the

 8  appropriations committees of both houses of the legislature.

 9  The review shall include a comparison of the major issues in

10  the planning document and budget requests to those major

11  issues included in the governor's recommended budget. For

12  purposes of this subsection, the terms "department" and

13  "agency" shall include the judicial branch.

14         (d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.-- All

15  general appropriation bills shall be furnished to each member

16  of the legislature, each member of the cabinet, the governor,

17  and the chief justice of the supreme court at least

18  seventy-two hours before final passage by either house of the

19  legislature of the bill in the form that will be presented to

20  the governor.

21         (e)  FINAL BUDGET REPORT.--Effective November 4, 1992,

22  A final budget report shall be prepared as prescribed by

23  general law. The final budget report shall be produced no

24  later than the ninetieth 90th day after the beginning of the

25  fiscal year, and copies of the report shall be furnished to

26  each member of the legislature, the head of each department

27  and agency of the state, the auditor general, and the chief

28  justice of the supreme court.

29         (f)  TRUST FUNDS.

30         (1)  No trust fund of the State of Florida or other

31  public body may be created by law without a three-fifths


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    CS for SJR 1918                                First Engrossed



 1  (3/5)vote of the membership of each house of the legislature

 2  in a separate bill for that purpose only.

 3         (2)  State trust funds in existence before the

 4  effective date of this subsection shall terminate not more

 5  than four years after the effective date of this subsection.

 6  State trust funds created after November 4, 1992, the

 7  effective date of this subsection shall terminate not more

 8  than four years after the effective date of the act

 9  authorizing the creation of the trust fund. By law the

10  legislature may set a shorter time period for which any trust

11  fund is authorized.

12         (3)  Trust funds required by federal programs or

13  mandates; trust funds established for bond covenants,

14  indentures, or resolutions, whose revenues are legally pledged

15  by the state or public body to meet debt service or other

16  financial requirements of any debt obligations of the state or

17  any public body; the state transportation trust fund; the

18  trust fund containing the net annual proceeds from the Florida

19  Education Lotteries; the Florida retirement trust fund; trust

20  funds for institutions under the management of the Board of

21  Regents, where such trust funds are for auxiliary enterprises

22  and contracts, grants, and donations, as those terms are

23  defined by general law; trust funds that serve as clearing

24  funds or accounts for the chief financial officer or state

25  agencies; trust funds that account for assets held by the

26  state in a trustee capacity as an agent or fiduciary for

27  individuals, private organizations, or other governmental

28  units; and other trust funds authorized by this constitution,

29  are not subject to the requirements set forth in paragraph (2)

30  of this subsection.

31  


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    CS for SJR 1918                                First Engrossed



 1         (4)  All cash balances and income of any trust funds

 2  abolished under this subsection shall be deposited into the

 3  general revenue fund.

 4         (5)  The provisions of this subsection shall be

 5  effective November 4, 1992.

 6         (g)  BUDGET STABILIZATION FUND.--Beginning with the

 7  1994-1995 fiscal year, at least 1% of an amount equal to the

 8  last completed fiscal year's net revenue collections for the

 9  general revenue fund shall be retained in a budget

10  stabilization fund. The budget stabilization fund shall be

11  increased to at least 2% of said amount for the 1995-1996

12  fiscal year, at least 3% of said amount for the 1996-1997

13  fiscal year, at least 4% of said amount for the 1997-1998

14  fiscal year, and at least 5% of said amount for the 1998-1999

15  fiscal year. Subject to the provisions of this subsection, the

16  budget stabilization fund shall be maintained at an amount

17  equal to at least five percent 5% of the last completed fiscal

18  year's net revenue collections for the general revenue fund.

19  The budget stabilization fund's principal balance shall not

20  exceed an amount equal to ten percent 10% of the last

21  completed fiscal year's net revenue collections for the

22  general revenue fund. The legislature shall provide criteria

23  for withdrawing funds from the budget stabilization fund in a

24  separate bill for that purpose only and only for the purpose

25  of covering revenue shortfalls of the general revenue fund or

26  for the purpose of providing funding for an emergency, as

27  defined by general law. General law shall provide for the

28  restoration of this fund. The budget stabilization fund shall

29  be comprised of funds not otherwise obligated or committed for

30  any purpose.

31  


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    CS for SJR 1918                                First Engrossed



 1         (h)  STATE PLANNING DOCUMENT AND DEPARTMENT AND AGENCY

 2  PLANNING DOCUMENT PROCESSES.--The governor shall recommend to

 3  the legislature biennially any revisions to the state planning

 4  document, as defined by law. General law shall require a

 5  biennial review and revision of the state planning document,

 6  shall require the governor to report to the legislature on the

 7  progress in achieving the state planning document's goals, and

 8  shall require all departments and agencies of state government

 9  to develop planning documents consistent with the state

10  planning document. The state planning document and department

11  and agency planning documents shall remain subject to review

12  and revision by the legislature. The department and agency

13  planning documents shall include a prioritized listing of

14  planned expenditures for review and possible reduction in the

15  event of revenue shortfalls, as defined by general law. To

16  ensure productivity and efficiency in the executive,

17  legislative, and judicial branches, a quality management and

18  accountability program shall be implemented by general law.

19  For the purposes of this subsection, the terms "department"

20  and "agency" shall include the judicial branch. This

21  subsection shall be effective July 1, 1993.

22         SECTION 19.  Statutory initiative.--Notwithstanding

23  section 1, the legislature shall prescribe a statutory

24  initiative process by general law. The statutory initiative

25  process is subject to conditions, limitations, and exceptions

26  prescribed by the legislature. However, a statute originating

27  as a statutory initiative may not be amended or repealed by

28  the legislature for five years after its enactment, except

29  upon a two-thirds vote of both houses of the legislature.

30  

31                            ARTICLE IV


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    CS for SJR 1918                                First Engrossed



 1                            EXECUTIVE

 2  

 3         SECTION 1.  Governor.--

 4         (a)  The supreme executive power shall be vested in a

 5  governor, who shall be commander-in-chief of all military

 6  forces of the state not in active service of the United

 7  States. The governor shall take care that the laws be

 8  faithfully executed, commission all officers of the state and

 9  counties, and transact all necessary business with the

10  officers of government. The governor may require information

11  in writing from all executive or administrative state, county,

12  or municipal officers upon any subject relating to the duties

13  of their respective offices. The governor shall be the chief

14  administrative officer of the state responsible for the

15  planning and budgeting for the state.

16         (b)  The governor may initiate judicial proceedings in

17  the name of the state against any executive or administrative

18  state, county, or municipal officer to enforce compliance with

19  any duty or restrain any unauthorized act.

20         (c)  The governor may request in writing the opinion of

21  the justices of the supreme court as to the interpretation of

22  any portion of this constitution upon any question affecting

23  the governor's executive powers and duties. The justices

24  shall, subject to their rules of procedure, permit interested

25  persons to be heard on the questions presented and shall

26  render their written opinion not earlier than ten days from

27  the filing and docketing of the request, unless in their

28  judgment the delay would cause public injury.

29         (d)  The governor shall have power to call out the

30  militia to preserve the public peace, execute the laws of the

31  state, suppress insurrection, or repel invasion.


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    CS for SJR 1918                                First Engrossed



 1         (e)  The governor shall by message at least once in

 2  each regular session inform the legislature concerning the

 3  condition of the state, propose such reorganization of the

 4  executive department as will promote efficiency and economy,

 5  and recommend measures in the public interest.

 6         (f)  When not otherwise provided for in this

 7  constitution, the governor shall fill by appointment any

 8  vacancy in a state or county office for the remainder of the

 9  term of an appointive office, and for the remainder of the

10  term of an elective office if less than twenty-eight months,

11  otherwise until the first Tuesday after the first Monday

12  following the next general election.

13         SECTION 2.  Lieutenant governor.--There shall be a

14  lieutenant governor, who shall perform such duties pertaining

15  to the office of governor as shall be assigned by the

16  governor, except when otherwise provided by law, and such

17  other duties as may be prescribed by law.

18         SECTION 3.  Succession to office of governor; acting

19  governor.--

20         (a)  Upon vacancy in the office of governor, the

21  lieutenant governor shall become governor. Further succession

22  to the office of governor shall be prescribed by law. A

23  successor shall serve for the remainder of the term.

24         (b)  Upon impeachment of the governor and until

25  completion of trial thereof, or during the governor's physical

26  or mental incapacity, the lieutenant governor shall act as

27  governor. Further succession as acting governor shall be

28  prescribed by law. Incapacity to serve as governor may be

29  determined by the supreme court upon due notice after

30  docketing of a written suggestion thereof by three cabinet

31  members, and in such case restoration of capacity shall be


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    CS for SJR 1918                                First Engrossed



 1  similarly determined after docketing of written suggestion

 2  thereof by the governor, the legislature, or three cabinet

 3  members. Incapacity to serve as governor may also be

 4  established by certificate filed with the custodian of state

 5  records by the governor declaring incapacity for physical

 6  reasons to serve as governor, and in such case restoration of

 7  capacity shall be similarly established.

 8         SECTION 4.  Cabinet.--

 9         (a)  There shall be a cabinet composed of an attorney

10  general, a chief financial officer, and a commissioner of

11  agriculture. In addition to the powers and duties specified

12  herein, they shall exercise such powers and perform such

13  duties as may be prescribed by law. In the event of a tie vote

14  of the governor and cabinet, the side on which the governor

15  voted shall be deemed to prevail.

16         (b)  The attorney general shall be the chief state

17  legal officer. There is created in the office of the attorney

18  general the position of statewide prosecutor. The statewide

19  prosecutor shall have concurrent jurisdiction with the state

20  attorneys to prosecute violations of criminal laws occurring

21  or having occurred, in two or more judicial circuits as part

22  of a related transaction, or when any such offense is

23  affecting or has affected two or more judicial circuits as

24  provided by general law. The statewide prosecutor shall be

25  appointed by the attorney general from not fewer less than

26  three persons nominated by the judicial nominating commission

27  for the supreme court, or as otherwise provided by general

28  law.

29         (c)  The chief financial officer shall serve as the

30  chief fiscal officer of the state, and shall settle and

31  


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    CS for SJR 1918                                First Engrossed



 1  approve accounts against the state, and shall keep all state

 2  funds and securities.

 3         (d)  The commissioner of agriculture shall have

 4  supervision of matters pertaining to agriculture except as

 5  otherwise provided by law.

 6         (e)  The governor as chair, the chief financial

 7  officer, and the attorney general shall constitute the state

 8  board of administration, which shall succeed to all the power,

 9  control, and authority of the state board of administration

10  established pursuant to Article IX, section 16 of the

11  constitution of 1885, and which shall continue as a body at

12  least for the life of Article XII, section 7(c) 9(c).

13         (f)  The governor as chair, the chief financial

14  officer, the attorney general, and the commissioner of

15  agriculture shall constitute the trustees of the internal

16  improvement trust fund and the land acquisition trust fund as

17  provided by law.

18         (g)  The governor as chair, the chief financial

19  officer, the attorney general, and the commissioner of

20  agriculture shall constitute the agency head of the Department

21  of Law Enforcement.

22         SECTION 5.  Election of governor, lieutenant governor,

23  and cabinet members; qualifications; terms.--

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

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

26  of four, the electors shall choose a governor and a lieutenant

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

28  years 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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    CS for SJR 1918                                First Engrossed



 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.

15         SECTION 6.  Executive departments.--All functions of

16  the executive branch of state government shall be allotted

17  among not more than twenty-five departments, exclusive of

18  those specifically provided for or authorized in this

19  constitution. The administration of each department, unless

20  otherwise provided in this constitution, shall be placed by

21  law under the direct supervision of the governor, the

22  lieutenant governor, the governor and cabinet, a cabinet

23  member, or an officer or board appointed by and serving at the

24  pleasure of the governor, except:

25         (a)  When provided by law, confirmation by the senate

26  or the approval of three members of the cabinet shall be

27  required for appointment to or removal from any designated

28  statutory office.

29         (b)  Boards authorized to grant and revoke licenses to

30  engage in regulated occupations shall be assigned to

31  


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    CS for SJR 1918                                First Engrossed



 1  appropriate departments and their members appointed for fixed

 2  terms, subject to removal only for cause.

 3         SECTION 7.  Suspensions; filling office during

 4  suspensions.--

 5         (a)  By executive order stating the grounds and filed

 6  with the custodian of state records, the governor may suspend

 7  from office any state officer not subject to impeachment, any

 8  officer of the militia not in the active service of the United

 9  States, or any county officer, for malfeasance, misfeasance,

10  neglect of duty, drunkenness, incompetence, permanent

11  inability to perform official duties, or commission of a

12  felony, and may fill the office by appointment for the period

13  of suspension. The suspended officer may at any time before

14  removal be reinstated by the governor.

15         (b)  The senate may, in proceedings prescribed by law,

16  remove from office or reinstate the suspended official and for

17  such purpose the senate may be convened in special session by

18  its president or by a majority of its membership.

19         (c)  By order of the governor, any elected municipal

20  officer indicted for a crime may be suspended from office

21  until acquitted and the office filled by appointment for the

22  period of suspension, not to extend beyond the term, unless

23  these powers are vested elsewhere by law or the municipal

24  charter.

25         SECTION 8.  Clemency.--

26         (a)  Except in cases of treason and in cases where

27  impeachment results in conviction, the governor may, by

28  executive order filed with the custodian of state records,

29  suspend collection of fines and forfeitures, grant reprieves

30  not exceeding sixty days and, with the approval of two members

31  of the cabinet, grant full or conditional pardons, restore


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    CS for SJR 1918                                First Engrossed



 1  civil rights, commute punishment, and remit fines and

 2  forfeitures for offenses.

 3         (b)  In cases of treason, the governor may grant

 4  reprieves until adjournment of the regular session of the

 5  legislature convening next after the conviction, at which

 6  session the legislature may grant a pardon or further

 7  reprieve; otherwise the sentence shall be executed.

 8         (c)  There may be created by law a parole and probation

 9  commission with power to supervise persons on probation and to

10  grant paroles or conditional releases to persons under

11  sentences for crime. The qualifications, method of selection

12  and terms, not to exceed six years, of members of the

13  commission shall be prescribed by law.

14         SECTION 9.  Fish and wildlife conservation

15  commission.--There shall be a fish and wildlife conservation

16  commission, composed of seven members appointed by the

17  governor, subject to confirmation by the senate for staggered

18  terms of five years. The commission shall exercise the

19  regulatory and executive powers of the state with respect to

20  wild animal life and freshwater fresh water aquatic life, and

21  shall also exercise regulatory and executive powers of the

22  state with respect to marine life, except that all license

23  fees for taking wild animal life, freshwater fresh water

24  aquatic life, and marine life and penalties for violating

25  regulations of the commission shall be prescribed by general

26  law. The commission shall establish procedures to ensure

27  adequate due process in the exercise of its regulatory and

28  executive functions. The legislature may enact laws in aid of

29  the commission, not inconsistent with this section, except

30  that there shall be no special law or general law of local

31  application pertaining to hunting or fishing. The commission's


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    CS for SJR 1918                                First Engrossed



 1  exercise of executive powers in the area of planning,

 2  budgeting, personnel management, and purchasing shall be as

 3  provided by law. Revenue derived from license fees for the

 4  taking of wild animal life and freshwater fresh water aquatic

 5  life shall be appropriated to the commission by the

 6  legislature for the purposes of management, protection, and

 7  conservation of wild animal life and freshwater fresh water

 8  aquatic life. Revenue derived from license fees relating to

 9  marine life shall be appropriated by the legislature for the

10  purposes of management, protection, and conservation of marine

11  life as provided by law. The commission shall not be a unit of

12  any other state agency and shall have its own staff, which

13  includes management, research, and enforcement. Unless

14  provided by general law, the commission shall have no

15  authority to regulate matters relating to air and water

16  pollution.

17         SECTION 10.  Attorney General.--

18         (a)  The attorney general shall, as directed by general

19  law, request the opinion of the justices of the supreme court

20  as to the validity of any initiative petition circulated

21  pursuant to Article XI, section 3 of Article XI. The justices

22  shall, subject to their rules of procedure, permit interested

23  persons to be heard on the questions presented and shall

24  render their written opinion no later than April 1 of the year

25  in which the initiative is to be submitted to the voters

26  pursuant to Article XI, section 5 of Article XI.

27         (b)  The attorney general shall, if directed by general

28  law, request the opinion of the justices of the supreme court

29  as to the validity of any statutory initiative pursuant to

30  Article III, section 19. The justices shall, subject to their

31  


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    CS for SJR 1918                                First Engrossed



 1  rules of procedure, permit interested persons to be heard on

 2  the questions presented.

 3         SECTION 11.  Department of Veterans Affairs.--The

 4  legislature, by general law, may provide for the establishment

 5  of the Department of Veterans Affairs.

 6         SECTION 12.  Department of Elderly Affairs.--The

 7  legislature may create a Department of Elderly Affairs and

 8  prescribe its duties. The provisions governing the

 9  administration of the department must comply with Article IV,

10  section 6 of Article IV of the State Constitution.

11         SECTION 13.  Revenue Shortfalls.--In the event of

12  revenue shortfalls, as defined by general law, the governor

13  and cabinet may establish all necessary reductions in the

14  state budget in order to comply with the provisions of Article

15  VII, section 1(d). The governor and cabinet shall implement

16  all necessary reductions for the executive budget, the chief

17  justice of the supreme court shall implement all necessary

18  reductions for the judicial budget, and the speaker of the

19  house of representatives and the president of the senate shall

20  implement all necessary reductions for the legislative budget.

21  Budget reductions pursuant to this section shall be consistent

22  with the provisions of Article III, section 18(h) 19(h).

23  

24                            ARTICLE V

25                            JUDICIARY

26  

27         SECTION 1.  Courts.--The judicial power shall be vested

28  in a supreme court, district courts of appeal, circuit courts,

29  and county courts. No other courts may be established by the

30  state, any political subdivision, or any municipality. The

31  legislature shall, by general law, divide the state into


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    CS for SJR 1918                                First Engrossed



 1  appellate court districts and judicial circuits following

 2  county lines. Commissions established by law, or

 3  administrative officers or bodies, may be granted

 4  quasi-judicial power in matters connected with the functions

 5  of their offices. The legislature may establish, by general

 6  law, a civil traffic hearing officer system for the purpose of

 7  hearing civil traffic infractions. The legislature may, by

 8  general law, authorize a military court-martial to be

 9  conducted by military judges of the Florida National Guard,

10  with direct appeal of a decision to the District Court of

11  Appeal, First District.

12         SECTION 2.  Administration; practice and procedure.--

13         (a)  The supreme court shall adopt rules for the

14  practice and procedure in all courts including the time for

15  seeking appellate review, the administrative supervision of

16  all courts, the transfer to the court having jurisdiction of

17  any proceeding when the jurisdiction of another court has been

18  improvidently invoked, and a requirement that no cause shall

19  be dismissed because an improper remedy has been sought. The

20  supreme court shall adopt rules to allow the court and the

21  district courts of appeal to submit questions relating to

22  military law to the federal Court of Appeals for the Armed

23  Forces for an advisory opinion. Rules of court may be repealed

24  by general law enacted by two-thirds vote of the membership of

25  each house of the legislature.

26         (b)  The chief justice of the supreme court shall be

27  chosen by a majority of the members of the court; shall be the

28  chief administrative officer of the judicial system; and shall

29  have the power to assign justices or judges, including

30  consenting retired justices or judges, to temporary duty in

31  any court for which the judge is qualified and to delegate to


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    CS for SJR 1918                                First Engrossed



 1  a chief judge of a judicial circuit the power to assign judges

 2  for duty in that circuit.

 3         (c)  A chief judge for each district court of appeal

 4  shall be chosen by a majority of the judges thereof or, if

 5  there is no majority, by the chief justice. The chief judge

 6  shall be responsible for the administrative supervision of the

 7  court.

 8         (d)  A chief judge in each circuit shall be chosen from

 9  among the circuit judges as provided by supreme court rule.

10  The chief judge shall be responsible for the administrative

11  supervision of the circuit courts and county courts in his or

12  her circuit.

13         SECTION 3.  Supreme court.--

14         (a)  ORGANIZATION.--The supreme court shall consist of

15  seven justices. Of the seven justices, each appellate district

16  shall have at least one justice elected or appointed from the

17  district to the supreme court who is a resident of the

18  district at the time of the original appointment or election.

19  Five justices shall constitute a quorum. The concurrence of

20  four justices shall be necessary to a decision. When recusals

21  for cause would prohibit the court from convening because of

22  the requirements of this section, judges assigned to temporary

23  duty may be substituted for justices.

24         (b)  JURISDICTION.--The supreme court:

25         (1)  Shall hear appeals from final judgments of trial

26  courts imposing the death penalty and from decisions of

27  district courts of appeal declaring invalid a state statute or

28  a provision of the state constitution.

29         (2)  When provided by general law, shall hear appeals

30  from final judgments entered in proceedings for the validation

31  of bonds or certificates of indebtedness and shall review


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    CS for SJR 1918                                First Engrossed



 1  action of statewide agencies relating to rates or service of

 2  utilities providing electric, gas, or telephone service.

 3         (3)  May review any decision of a district court of

 4  appeal that expressly declares valid a state statute, or that

 5  expressly construes a provision of the state or federal

 6  constitution, or that expressly affects a class of

 7  constitutional or state officers, or that expressly and

 8  directly conflicts with a decision of another district court

 9  of appeal or of the supreme court on the same question of law.

10         (4)  May review any decision of a district court of

11  appeal that passes upon a question certified by it to be of

12  great public importance, or that is certified by it to be in

13  direct conflict with a decision of another district court of

14  appeal.

15         (5)  May review any order or judgment of a trial court

16  certified by the district court of appeal, in which an appeal

17  is pending, to be of great public importance, or to have a

18  great effect on the proper administration of justice

19  throughout the state, and certified to require immediate

20  resolution by the supreme court.

21         (6)  May review a question of law certified by the

22  Supreme Court of the United States or a United States Court of

23  Appeals which is determinative of the cause and for which

24  there is no controlling precedent of the supreme court of

25  Florida.

26         (7)  May issue writs of prohibition to courts and all

27  writs necessary to the complete exercise of its jurisdiction.

28         (8)  May issue writs of mandamus and quo warranto to

29  state officers and state agencies.

30         (9)  May, or any justice may, issue writs of habeas

31  corpus returnable before the supreme court or any justice, a


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    CS for SJR 1918                                First Engrossed



 1  district court of appeal or any judge thereof, or any circuit

 2  judge.

 3         (10)  Shall, when requested by the attorney general

 4  pursuant to the provisions of Article IV, section 10 of

 5  Article IV, render an advisory opinion of the justices,

 6  addressing issues as provided by general law.

 7         (c)  CLERK AND MARSHAL.--The supreme court shall

 8  appoint a clerk and a marshal who shall hold office at during

 9  the pleasure of the court and perform such duties as the court

10  directs. Their compensation shall be fixed by general law. The

11  marshal shall have the power to execute the process of the

12  court throughout the state, and in any county may deputize the

13  sheriff or a deputy sheriff for such purpose.

14         SECTION 4.  District courts of appeal.--

15         (a)  ORGANIZATION.--There shall be a district court of

16  appeal serving each appellate district. Each district court of

17  appeal shall consist of at least three judges. Three judges

18  shall consider each case and the concurrence of two shall be

19  necessary to a decision.

20         (b)  JURISDICTION.--

21         (1)  District courts of appeal shall have jurisdiction

22  to hear appeals, that may be taken as a matter of right, from

23  final judgments or orders of trial courts, including those

24  entered on review of administrative action, not directly

25  appealable to the supreme court or a circuit court. They may

26  review interlocutory orders in such cases to the extent

27  provided by rules adopted by the supreme court.

28         (2)  District courts of appeal shall have the power of

29  direct review of administrative action, as prescribed by

30  general law.

31  


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    CS for SJR 1918                                First Engrossed



 1         (3)  A district court of appeal or any judge thereof

 2  may issue writs of habeas corpus returnable before the court

 3  or any judge thereof or before any circuit judge within the

 4  territorial jurisdiction of the court. A district court of

 5  appeal may issue writs of mandamus, certiorari, prohibition,

 6  quo warranto, and other writs necessary to the complete

 7  exercise of its jurisdiction. To the extent necessary to

 8  dispose of all issues in a cause properly before it, a

 9  district court of appeal may exercise any of the appellate

10  jurisdiction of the circuit courts.

11         (c)  CLERKS AND MARSHALS.--Each district court of

12  appeal shall appoint a clerk and a marshal who shall hold

13  office during the pleasure of the court and perform such

14  duties as the court directs. Their compensation shall be fixed

15  by general law. The marshal shall have the power to execute

16  the process of the court throughout the territorial

17  jurisdiction of the court, and in any county may deputize the

18  sheriff or a deputy sheriff for such purpose.

19         SECTION 5.  Circuit courts.--

20         (a)  ORGANIZATION.--There shall be a circuit court

21  serving each judicial circuit.

22         (b)  JURISDICTION.--The circuit courts shall have

23  original jurisdiction not vested in the county courts, and

24  jurisdiction of appeals when provided by general law. They

25  shall have the power to issue writs of mandamus, quo warranto,

26  certiorari, prohibition, and habeas corpus, and all writs

27  necessary or proper to the complete exercise of their

28  jurisdiction. Jurisdiction of the circuit courts court shall

29  be uniform throughout the state. They shall have the power of

30  direct review of administrative action prescribed by general

31  law.


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    CS for SJR 1918                                First Engrossed



 1         SECTION 6.  County courts.--

 2         (a)  ORGANIZATION.--There shall be a county court in

 3  each county. There shall be one or more judges for each county

 4  court as prescribed by general law.

 5         (b)  JURISDICTION.--The county courts shall exercise

 6  the jurisdiction prescribed by general law. Such jurisdiction

 7  shall be uniform throughout the state.

 8         SECTION 7.  Specialized divisions.--All courts except

 9  the supreme court may sit in divisions as may be established

10  by general law. A circuit or county court may hold civil and

11  criminal trials and hearings in any place within the

12  territorial jurisdiction of the court as designated by the

13  chief judge of the circuit.

14         SECTION 8.  Eligibility.--No person shall be eligible

15  for office of justice or judge of any court unless the person

16  is an elector of the state and resides in the territorial

17  jurisdiction of the court. No justice or judge shall serve

18  after attaining the age of seventy years except upon temporary

19  assignment or to complete a term, one-half of which has been

20  served. No person is eligible for the office of justice of the

21  supreme court or judge of a district court of appeal unless

22  the person is, and has been for the preceding ten years, a

23  member of the bar of Florida. No person is eligible for the

24  office of circuit judge unless the person is, and has been for

25  the preceding five years, a member of the bar of Florida.

26  Unless otherwise provided by general law, no person is

27  eligible for the office of county court judge unless the

28  person is, and has been for the preceding five years, a member

29  of the bar of Florida. Unless otherwise provided by general

30  law, a person shall be eligible for election or appointment to

31  the office of county court judge in a county having a


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    CS for SJR 1918                                First Engrossed



 1  population of 40,000 or fewer less if the person is a member

 2  in good standing of the bar of Florida.

 3         SECTION 9.  Determination of number of judges.--The

 4  supreme court shall establish by rule uniform criteria for the

 5  determination of the need for additional judges except supreme

 6  court justices, the necessity for decreasing the number of

 7  judges and for increasing, decreasing, or redefining appellate

 8  districts and judicial circuits. If the supreme court finds

 9  that a need exists for increasing or decreasing the number of

10  judges or increasing, decreasing, or redefining appellate

11  districts and judicial circuits, it shall, prior to the next

12  regular session of the legislature, certify to the legislature

13  its findings and recommendations concerning such need. Upon

14  receipt of such certificate, the legislature, at the next

15  regular session, shall consider the findings and

16  recommendations and may reject the recommendations or by law

17  implement the recommendations in whole or in part; provided

18  the legislature may create more judicial offices than are

19  recommended by the supreme court or may decrease the number of

20  judicial offices by a greater number than recommended by the

21  court only upon a finding of two-thirds of the membership of

22  both houses of the legislature, that such a need exists. A

23  decrease in the number of judges shall be effective only after

24  the expiration of a term. If the supreme court fails to make

25  findings as provided above when need exists, the legislature

26  may by concurrent resolution request the court to certify its

27  findings and recommendations and upon the failure of the court

28  to certify its findings for nine consecutive months, the

29  legislature may, upon a finding of two-thirds of the

30  membership of both houses of the legislature that a need

31  exists, increase or decrease the number of judges or increase,


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    CS for SJR 1918                                First Engrossed



 1  decrease, or redefine appellate districts and judicial

 2  circuits.

 3         SECTION 10.  Retention; election and terms.--

 4         (a)  Any justice or judge may qualify for retention by

 5  a vote of the electors in the general election next preceding

 6  the expiration of the justice's or judge's term in the manner

 7  prescribed by law. If a justice or judge is ineligible or

 8  fails to qualify for retention, a vacancy shall exist in that

 9  office upon the expiration of the term being served by the

10  justice or judge. When a justice or judge so qualifies, the

11  ballot shall read substantially as follows: "Shall Justice (or

12  Judge)    (name of justice or judge)    of the    (name of the

13  court)    be retained in office?" If a majority of the

14  qualified electors voting within the territorial jurisdiction

15  of the court vote to retain, the justice or judge shall be

16  retained for a term of six years. The term of the justice or

17  judge retained shall commence on the first Tuesday after the

18  first Monday in January following the general election. If a

19  majority of the qualified electors voting within the

20  territorial jurisdiction of the court vote to not retain, a

21  vacancy shall exist in that office upon the expiration of the

22  term being served by the justice or judge.

23         (b)(1)  The election of circuit judges shall be

24  preserved notwithstanding the provisions of subsection (a)

25  unless a majority of those voting in the jurisdiction of that

26  circuit approves a local option to select circuit judges by

27  merit selection and retention rather than by election. The

28  election of circuit judges shall be by a vote of the qualified

29  electors within the territorial jurisdiction of the court.

30         (2)  The election of county court judges shall be

31  preserved notwithstanding the provisions of subsection (a)


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    CS for SJR 1918                                First Engrossed



 1  unless a majority of those voting in the jurisdiction of that

 2  county approves a local option to select county judges by

 3  merit selection and retention rather than by election. The

 4  election of county court judges shall be by a vote of the

 5  qualified electors within the territorial jurisdiction of the

 6  court.

 7         (3)a.  A vote to exercise a local option to select

 8  circuit court judges and county court judges by merit

 9  selection and retention rather than by election shall be held

10  in each circuit and county at the general election in the year

11  2000. If a vote to exercise the this local option to select

12  circuit court judges and county court judges by merit

13  selection and retention rather than by election fails in a

14  vote of the electors, such option shall not again be put to a

15  vote of the electors of that jurisdiction until the expiration

16  of at least two years.

17         b.  After the year 2000, A circuit may initiate the

18  local option for merit selection and retention or the election

19  of circuit judges, whichever is applicable, by filing with the

20  custodian of state records a petition signed by the number of

21  electors equal to at least ten percent of the votes cast in

22  the circuit in the last preceding election in which

23  presidential electors were chosen.

24         c.  After the year 2000, A county may initiate the

25  local option for merit selection and retention or the election

26  of county court judges, whichever is applicable, by filing

27  with the supervisor of elections a petition signed by the

28  number of electors equal to at least ten percent of the votes

29  cast in the county in the last preceding election in which

30  presidential electors were chosen. The terms of circuit judges

31  and judges of county courts shall be for six years.


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    CS for SJR 1918                                First Engrossed



 1         SECTION 11.  Vacancies.--

 2         (a)  Whenever a vacancy occurs in a judicial office to

 3  which election for retention applies, the governor shall fill

 4  the vacancy by appointing for a term ending on the first

 5  Tuesday after the first Monday in January of the year

 6  following the next general election occurring at least one

 7  year after the date of appointment, one of not fewer than

 8  three persons nor more than six persons nominated by the

 9  appropriate judicial nominating commission.

10         (b)  The governor shall fill each vacancy on a circuit

11  court or on a county court, wherein the judges are elected by

12  a majority vote of the electors, by appointing for a term

13  ending on the first Tuesday after the first Monday in January

14  of the year following the next primary and general election

15  occurring at least one year after the date of appointment, one

16  of not fewer than three persons nor more than six persons

17  nominated by the appropriate judicial nominating commission.

18  An election shall be held to fill that judicial office for the

19  term of the office beginning at the end of the appointed term.

20         (c)  The nominations shall be made within thirty days

21  from the occurrence of a vacancy unless the period is extended

22  by the governor for a time not to exceed thirty days. The

23  governor shall make the appointment within sixty days after

24  the nominations have been certified to the governor.

25         (d)  There shall be a separate judicial nominating

26  commission as provided by general law for the supreme court,

27  each district court of appeal, and each judicial circuit for

28  all trial courts within the circuit. Uniform rules of

29  procedure shall be established by the judicial nominating

30  commissions at each level of the court system. Such rules, or

31  any part thereof, may be repealed by general law enacted by a


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    CS for SJR 1918                                First Engrossed



 1  majority vote of the membership of each house of the

 2  legislature, or by the supreme court, five justices

 3  concurring. Except for deliberations of the judicial

 4  nominating commissions, the proceedings of the commissions and

 5  their records shall be open to the public.

 6         SECTION 12.  Discipline; removal and retirement.--

 7         (a)  JUDICIAL QUALIFICATIONS COMMISSION.--A judicial

 8  qualifications commission is created.

 9         (1)  There shall be a judicial qualifications

10  commission vested with jurisdiction to investigate and

11  recommend to the Supreme Court of Florida the removal from

12  office of any justice or judge whose conduct, during term of

13  office or otherwise occurring, on or after November 1, 1966,

14  (without regard to the effective date of this section)

15  demonstrates a present unfitness to hold office, and to

16  investigate and recommend the discipline of a justice or judge

17  whose conduct, during term of office or otherwise occurring on

18  or after November 1, 1966 (without regard to the effective

19  date of this section), warrants such discipline. For purposes

20  of this section, the term "discipline" is defined as any or

21  all of the following: reprimand, fine, suspension with or

22  without pay, or lawyer discipline. The commission shall have

23  jurisdiction over justices and judges regarding allegations

24  that misconduct occurred before or during service as a justice

25  or judge if a complaint is made no later than one year

26  following service as a justice or judge. The commission shall

27  have jurisdiction regarding allegations of incapacity during

28  service as a justice or judge. The commission shall be

29  composed of:

30         a.  Two judges of district courts of appeal selected by

31  the judges of those courts, two circuit judges selected by the


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    CS for SJR 1918                                First Engrossed



 1  judges of the circuit courts and, two judges of county courts

 2  selected by the judges of those courts;

 3         b.  Four electors who reside in the state, who are

 4  members of the bar of Florida, and who shall be chosen by the

 5  governing body of the bar of Florida; and

 6         c.  Five electors who reside in the state, who have

 7  never held judicial office or been members of the bar of

 8  Florida, and who shall be appointed by the governor.

 9         (2)  The members of the judicial qualifications

10  commission shall serve staggered terms, not to exceed six

11  years, as prescribed by general law. No member of the

12  commission except a judge shall be eligible for state judicial

13  office while acting as a member of the commission and for a

14  period of two years thereafter. No member of the commission

15  shall hold office in a political party or participate in any

16  campaign for judicial office or hold public office; provided

17  that a judge may campaign for judicial office and hold that

18  office. The commission shall elect one of its members as its

19  chair chairperson.

20         (3)  Members of the judicial qualifications commission

21  who are not subject to impeachment shall be subject to removal

22  from the commission pursuant to the provisions of Article IV,

23  section 7, Florida Constitution.

24         (4)  The commission shall adopt rules regulating its

25  proceedings, the filling of vacancies by the appointing

26  authorities, the disqualification of members, the rotation of

27  members between the panels, and the temporary replacement of

28  disqualified or incapacitated members. The commission's rules,

29  or any part thereof, may be repealed by general law enacted by

30  a majority vote of the membership of each house of the

31  legislature, or by the supreme court, five justices


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    CS for SJR 1918                                First Engrossed



 1  concurring. The commission shall have power to issue

 2  subpoenas. Until formal charges against a justice or judge are

 3  filed by the investigative panel with the clerk of the supreme

 4  court of Florida all proceedings by or before the commission

 5  shall be confidential; provided, however, upon a finding of

 6  probable cause and the filing by the investigative panel with

 7  said clerk of such formal charges against a justice or judge

 8  such charges and all further proceedings before the commission

 9  shall be public.

10         (5)  The commission shall have access to all

11  information from all executive, legislative, and judicial

12  agencies, including grand juries, subject to the rules of the

13  commission. At any time, on request of the speaker of the

14  house of representatives or the governor, the commission shall

15  make available all information in the possession of the

16  commission for use in consideration of impeachment or

17  suspension, respectively.

18         (b)  PANELS.--The commission shall be divided into an

19  investigative panel and a hearing panel as established by rule

20  of the commission. The investigative panel is vested with the

21  jurisdiction to receive or initiate complaints, conduct

22  investigations, dismiss complaints, and upon a vote of a

23  simple majority of the panel submit formal charges to the

24  hearing panel. The hearing panel is vested with the authority

25  to receive and hear formal charges from the investigative

26  panel and upon a two-thirds vote of the panel recommend to the

27  supreme court the removal of a justice or judge or the

28  involuntary retirement of a justice or judge for any permanent

29  disability that seriously interferes with the performance of

30  judicial duties. Upon a simple majority vote of the membership

31  of the hearing panel, the panel may recommend to the supreme


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    CS for SJR 1918                                First Engrossed



 1  court that the justice or judge be subject to appropriate

 2  discipline.

 3         (c)  SUPREME COURT.--The supreme court shall receive

 4  recommendations from the judicial qualifications commission's

 5  hearing panel.

 6         (1)  The supreme court may accept, reject, or modify in

 7  whole or in part the findings, conclusions, and

 8  recommendations of the commission and it may order that the

 9  justice or judge be subjected to appropriate discipline, or be

10  removed from office with termination of compensation for

11  willful or persistent failure to perform judicial duties or

12  for other conduct unbecoming a member of the judiciary

13  demonstrating a present unfitness to hold office, or be

14  involuntarily retired for any permanent disability that

15  seriously interferes with the performance of judicial duties.

16  Mala fides Malafides, scienter, or moral turpitude on the part

17  of a justice or judge shall not be required for removal from

18  office of a justice or judge whose conduct demonstrates a

19  present unfitness to hold office. After the filing of a formal

20  proceeding and upon request of the investigative panel, the

21  supreme court may suspend the justice or judge from office,

22  with or without compensation, pending final determination of

23  the inquiry.

24         (2)  The supreme court may award costs to the

25  prevailing party.

26         (d)  The power of removal conferred by this section

27  shall be both alternative and cumulative to the power of

28  impeachment.

29         (e)  Notwithstanding any of the foregoing provisions of

30  this section, if the person who is the subject of proceedings

31  by the judicial qualifications commission is a justice of the


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    CS for SJR 1918                                First Engrossed



 1  supreme court of Florida, all justices of such court

 2  automatically shall be disqualified to sit as justices of such

 3  court with respect to all proceedings therein concerning such

 4  person and the supreme court for such purposes shall be

 5  composed of a panel consisting of the seven chief judges of

 6  the judicial circuits of this the state of Florida most senior

 7  in tenure of judicial office as circuit judge. For purposes of

 8  determining seniority of such circuit judges in the event

 9  there be judges of equal tenure in judicial office as circuit

10  judge, the judge or judges from the lower numbered circuit or

11  circuits shall be deemed senior. In the event any such chief

12  circuit judge is under investigation by the judicial

13  qualifications commission or is otherwise disqualified or

14  unable to serve on the panel, the next most senior chief

15  circuit judge or judges shall serve in place of such

16  disqualified or disabled chief circuit judge.

17         (f)  SCHEDULE TO SECTION 12.--

18         (1)  Except to the extent inconsistent with the

19  provisions of this section, all provisions of law and rules of

20  court in force on the effective date of this article shall

21  continue in effect until superseded in the manner authorized

22  by this the constitution.

23         (2)  After this section becomes effective and until

24  adopted by rule of the commission consistent with it:

25         a.  The commission shall be divided, as determined by

26  the chairperson, into one investigative panel and one hearing

27  panel to meet the responsibilities set forth in this section.

28         b.  The investigative panel shall be composed of:

29         1.  Four judges,

30         2.  Two members of the bar of Florida, and

31         3.  Three non-lawyers.


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    CS for SJR 1918                                First Engrossed



 1         c.  The hearing panel shall be composed of:

 2         1.  Two judges,

 3         2.  Two members of the bar of Florida, and

 4         3.  Two non-lawyers.

 5         d.  Membership on the panels may rotate in a manner

 6  determined by the rules of the commission provided that no

 7  member shall vote as a member of the investigative and hearing

 8  panel on the same proceeding.

 9         e.  The commission shall hire separate staff for each

10  panel.

11         f.  The members of the commission shall serve for

12  staggered terms of six years.

13         g.  The terms of office of the present members of the

14  judicial qualifications commission shall expire upon the

15  effective date of the amendments to this section approved by

16  the legislature during the regular session of the legislature

17  in 1996 and new members shall be appointed to serve the

18  following staggered terms:

19         1.  Group I.--The terms of five members, composed of

20  two electors as set forth in  s. 12(a)(1)c. of Article V, one

21  member of the bar of Florida as set forth in  s. 12(a)(1)b. of

22  Article V, one judge from the district courts of appeal and

23  one circuit judge as set forth in  s. 12(a)(1)a. of Article V,

24  shall expire on December 31, 1998.

25         2.  Group II.--The terms of five members, composed of

26  one elector as set forth in s. 12(a)(1)c. of Article V, two

27  members of the bar of Florida as set forth in s. 12(a)(1)b. of

28  Article V, one circuit judge and one county judge as set forth

29  in s. 12(a)(1)a. of Article V shall expire on December 31,

30  2000.

31  


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    CS for SJR 1918                                First Engrossed



 1         3.  Group III.--The terms of five members, composed of

 2  two electors as set forth in s. 12(a)(1)c. of Article V, one

 3  member of the bar of Florida as set forth in s. 12(a)(1)b.,

 4  one judge from the district courts of appeal and one county

 5  judge as set forth in s. 12(a)(1)a. of Article V, shall expire

 6  on December 31, 2002.

 7         h.  An appointment to fill a vacancy of the commission

 8  shall be for the remainder of the term.

 9         i.  Selection of members by district courts of appeal

10  judges, circuit judges, and county court judges, shall be by

11  no less than a majority of the members voting at the

12  respective courts' conferences. Selection of members by the

13  board of governors of the bar of Florida shall be by no less

14  than a majority of the board.

15         j.  The commission shall be entitled to recover the

16  costs of investigation and prosecution, in addition to any

17  penalty levied by the supreme court.

18         k.  The compensation of members and referees shall be

19  the travel expenses or transportation and per diem allowance

20  as provided by general law.

21         SECTION 13.  Prohibited activities.--All justices and

22  judges shall devote full time to their judicial duties. They

23  shall not engage in the practice of law or hold office in any

24  political party.

25         SECTION 14.  Funding.--

26         (a)  All justices and judges shall be compensated only

27  by state salaries fixed by general law. Funding for the state

28  courts system, state attorneys' offices, public defenders'

29  offices, and court-appointed counsel, except as otherwise

30  provided in subsection (c), shall be provided from state

31  revenues appropriated by general law.


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    CS for SJR 1918                                First Engrossed



 1         (b)  All funding for the offices of the clerks of the

 2  circuit and county courts performing court-related functions,

 3  except as otherwise provided in this subsection and subsection

 4  (c), shall be provided by adequate and appropriate filing fees

 5  for judicial proceedings and service charges and costs for

 6  performing court-related functions as required by general law.

 7  Selected salaries, costs, and expenses of the state courts

 8  system may be funded from appropriate filing fees for judicial

 9  proceedings and service charges and costs for performing

10  court-related functions, as provided by general law. Where the

11  requirements of either the United States Constitution or this

12  the constitution of the State of Florida preclude the

13  imposition of filing fees for judicial proceedings and service

14  charges and costs for performing court-related functions

15  sufficient to fund the court-related functions of the offices

16  of the clerks of the circuit and county courts, the state

17  shall provide, as determined by the legislature, adequate and

18  appropriate supplemental funding from state revenues

19  appropriated by general law.

20         (c)  No county or municipality, except as provided in

21  this subsection, shall be required to provide any funding for

22  the state courts system, state attorneys' offices, public

23  defenders' offices, court-appointed counsel, or the offices of

24  the clerks of the circuit and county courts performing

25  court-related functions. Counties shall be required to fund

26  the cost of communications services, existing radio systems,

27  existing multi-agency criminal justice information systems,

28  and the cost of construction or lease, maintenance, utilities,

29  and security of facilities for the trial courts, public

30  defenders' offices, state attorneys' offices, and the offices

31  of the clerks of the circuit and county courts performing


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    CS for SJR 1918                                First Engrossed



 1  court-related functions. Counties shall also pay reasonable

 2  and necessary salaries, costs, and expenses of the state

 3  courts system to meet local requirements as determined by

 4  general law.

 5         (d)  The judiciary shall have no power to fix

 6  appropriations.

 7         SECTION 15.  Attorneys; admission and discipline.--The

 8  supreme court shall have exclusive jurisdiction to regulate

 9  the admission of persons to the practice of law and the

10  discipline of persons admitted.

11         SECTION 16.  Clerks of the circuit courts.--There shall

12  be in each county a clerk of the circuit court who shall be

13  selected pursuant to the provisions of Article VIII, section

14  1. Notwithstanding any other provision of this the

15  constitution, the duties of the clerk of the circuit court may

16  be divided by special or general law between two officers, one

17  serving as clerk of court and one serving as ex officio clerk

18  of the board of county commissioners, auditor, recorder, and

19  custodian of all county funds. There may be a clerk of the

20  county court if authorized by general or special law.

21         SECTION 17.  State attorneys.--In each judicial

22  circuit, a state attorney shall be elected for a term of four

23  years. Except as otherwise provided in this constitution, the

24  state attorney shall be the prosecuting officer of all trial

25  courts in that circuit and shall perform other duties

26  prescribed by general law; provided, however, when authorized

27  by general law, the violations of all municipal ordinances may

28  be prosecuted by municipal prosecutors. A state attorney shall

29  be an elector of the state and reside in the territorial

30  jurisdiction of the circuit,; shall be and have been a member

31  of the bar of Florida for the preceding five years,; shall


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    CS for SJR 1918                                First Engrossed



 1  devote full time to the duties of the office,; and shall not

 2  engage in the private practice of law. State attorneys shall

 3  appoint such assistant state attorneys as may be authorized by

 4  law.

 5         SECTION 18.  Public defenders.--In each judicial

 6  circuit, a public defender shall be elected for a term of four

 7  years, who shall perform duties prescribed by general law. A

 8  public defender shall be an elector of the state and reside in

 9  the territorial jurisdiction of the circuit and shall be and

10  have been a member of the bar of Florida for the preceding

11  five years. Public defenders shall appoint such assistant

12  public defenders as may be authorized by law.

13         SECTION 19.  Judicial officers as conservators of the

14  peace.--All judicial officers in this state shall be

15  conservators of the peace.

16         SECTION 20.  Schedule to Article V.--

17         (a)  This article shall replace all of Article V of the

18  constitution of 1885, as amended, which shall then stand

19  repealed.

20         (b)  Except to the extent inconsistent with the

21  provisions of this article, all provisions of law and rules of

22  court in force on the effective date of this article shall

23  continue in effect until superseded in the manner authorized

24  by this the constitution.

25         (c)  After this article becomes effective, and until

26  changed by general law consistent with sections 1 through 19

27  of this article:

28         (1)  The supreme court shall have the jurisdiction

29  immediately theretofore exercised by it, and it shall

30  determine all proceedings pending before it on the effective

31  date of this article.


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    CS for SJR 1918                                First Engrossed



 1         (2)  The appellate districts shall be those in

 2  existence on the date of adoption of this article. There shall

 3  be a district court of appeal in each district. The district

 4  courts of appeal shall have the jurisdiction immediately

 5  theretofore exercised by the district courts of appeal and

 6  shall determine all proceedings pending before them on the

 7  effective date of this article.

 8         (3)  Circuit courts shall have jurisdiction of appeals

 9  from county courts and municipal courts, except those appeals

10  which may be taken directly to the supreme court; and they

11  shall have exclusive original jurisdiction in all actions at

12  law not cognizable by the county courts; of proceedings

13  relating to the settlement of the estate of decedents and

14  minors, the granting of letters testamentary, guardianship,

15  involuntary hospitalization, the determination of

16  incompetency, and other jurisdiction usually pertaining to

17  courts of probate; in all cases in equity including all cases

18  relating to juveniles; of all felonies and of all misdemeanors

19  arising out of the same circumstances as a felony which is

20  also charged; in all cases involving legality of any tax

21  assessment or toll; in the action of ejectment; and in all

22  actions involving the titles or boundaries or right of

23  possession of real property. The circuit court may issue

24  injunctions. There shall be judicial circuits which shall be

25  the judicial circuits in existence on the date of adoption of

26  this article. The chief judge of a circuit may authorize a

27  county court judge to order emergency hospitalizations

28  pursuant to Chapter 71-131, Laws of Florida, in the absence

29  from the county of the circuit judge and the county court

30  judge shall have the power to issue all temporary orders and

31  


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    CS for SJR 1918                                First Engrossed



 1  temporary injunctions necessary or proper to the complete

 2  exercise of such jurisdiction.

 3         (4)  County courts shall have original jurisdiction in

 4  all criminal misdemeanor cases not cognizable by the circuit

 5  courts, of all violations of municipal and county ordinances,

 6  and of all actions at law in which the matter in controversy

 7  does not exceed the sum of two thousand five hundred dollars

 8  ($2,500.00) exclusive of interest and costs, except those

 9  within the exclusive jurisdiction of the circuit courts.

10  Judges of county courts shall be committing magistrates. The

11  county courts shall have jurisdiction now exercised by the

12  county judge's courts other than that vested in the circuit

13  court by paragraph subsection (c)(3) hereof, the jurisdiction

14  now exercised by the county courts, the claims court, the

15  small claims courts, the small claims magistrates courts,

16  magistrates courts, justice of the peace courts, municipal

17  courts and courts of chartered counties, including but not

18  limited to the counties referred to in Article VIII, sections

19  9, 10, 11 and 24 of the constitution of 1885.

20         (5)  Each judicial nominating commission shall be

21  composed of the following:

22         a.  Three members appointed by the Board of Governors

23  of The Florida Bar from among The Florida Bar members who are

24  actively engaged in the practice of law with offices within

25  the territorial jurisdiction of the affected court, district

26  or circuit;

27         b.  Three electors who reside in the territorial

28  jurisdiction of the court or circuit appointed by the

29  governor; and

30         c.  Three electors who reside in the territorial

31  jurisdiction of the court or circuit and who are not members


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    CS for SJR 1918                                First Engrossed



 1  of the bar of Florida, selected and appointed by a majority

 2  vote of the other six members of the commission.

 3         (6)  No justice or judge shall be a member of a

 4  judicial nominating commission. A member of a judicial

 5  nominating commission may hold public office other than

 6  judicial office. No member shall be eligible for appointment

 7  to state judicial office so long as that person is a member of

 8  a judicial nominating commission and for a period of two years

 9  thereafter. All acts of a judicial nominating commission shall

10  be made with a concurrence of a majority of its members.

11         (7)  The members of a judicial nominating commission

12  shall serve for a term of four years. except the terms of the

13  initial members of the judicial nominating commissions shall

14  expire as follows:

15         a.  The terms of one member of category a. b. and c. in

16  subsection (c)(5) hereof shall expire on July 1, 1974;

17         b.  The terms of one member of category a. b. and c. in

18  subsection (c)(5) hereof shall expire on July 1, 1975;

19         c.  The terms of one member of category a. b. and c. in

20  subsection (c)(5) hereof shall expire on July 1, 1976;

21         (8)  All fines and forfeitures arising from offenses

22  tried in the county court shall be collected, and accounted

23  for by clerk of the court, and deposited in a special trust

24  account. All fines and forfeitures received from violations of

25  ordinances or misdemeanors committed within a county or

26  municipal ordinances committed within a municipality within

27  the territorial jurisdiction of the county court shall be paid

28  monthly to the county or municipality respectively. If any

29  costs are assessed and collected in connection with offenses

30  tried in county court, all court costs shall be paid into the

31  


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    CS for SJR 1918                                First Engrossed



 1  general revenue fund of the state of Florida and such other

 2  funds as prescribed by general law.

 3         (9)  Any municipality or county may apply to the chief

 4  judge of the circuit in which that municipality or county is

 5  situated for the county court to sit in a location suitable to

 6  the municipality or county and convenient in time and place to

 7  its citizens and police officers and upon such application

 8  said chief judge shall direct the court to sit in the location

 9  unless the chief judge shall determine the request is not

10  justified. If the chief judge does not authorize the county

11  court to sit in the location requested, the county or

12  municipality may apply to the supreme court for an order

13  directing the county court to sit in the location. Any

14  municipality or county which so applies shall be required to

15  provide the appropriate physical facilities in which the

16  county court may hold court.

17         (10)  All courts except the supreme court may sit in

18  divisions as may be established by local rule approved by the

19  supreme court.

20         (11)  A county court judge in any county having a

21  population of 40,000 or fewer less according to the last

22  decennial census, shall not be required to be a member of the

23  bar of Florida.

24         (12)  Municipal prosecutors may prosecute violations of

25  municipal ordinances.

26         (13)  "Justice" shall mean a justice elected or

27  appointed to the supreme court and shall not include any judge

28  assigned from any court.

29         (d)  When this article becomes effective:

30         (1)  All courts not herein authorized, except as

31  provided by paragraph subsection (d)(4), of this section shall


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    CS for SJR 1918                                First Engrossed



 1  cease to exist and jurisdiction to conclude all pending cases

 2  and enforce all prior orders and judgments shall vest in the

 3  court that would have jurisdiction of the cause if thereafter

 4  instituted. All records of and property held by courts

 5  abolished hereby shall be transferred to the proper office of

 6  the appropriate court under this article.

 7         (2)  Judges of the following courts, if their terms do

 8  not expire in 1973 and if they are eligible under paragraph

 9  subsection (d)(8) hereof, shall become additional judges of

10  the circuit court for each of the counties of their respective

11  circuits, and shall serve as such circuit judges for the

12  remainder of the terms to which they were elected and shall be

13  eligible for election as circuit judges thereafter. These

14  courts are: civil court of record of Dade county, all criminal

15  courts of record, the felony courts of record of Alachua,

16  Leon, and Volusia Counties, the courts of record of Broward,

17  Brevard, Escambia, Hillsborough, Lee, Manatee, and Sarasota

18  Counties, the civil and criminal court of record of Pinellas

19  County, and county judge's courts and separate juvenile courts

20  in counties having a population in excess of 100,000 according

21  to the 1970 federal census. On the effective date of this

22  article, there shall be an additional number of positions of

23  circuit judges equal to the number of existing circuit judges

24  and the number of judges of the above named courts whose term

25  expires in 1973. Elections to such offices shall take place at

26  the same time and manner as elections to other state judicial

27  offices in 1972 and the terms of such offices shall be for a

28  term of six years. Unless changed pursuant to section nine of

29  this article, the number of circuit judges presently existing

30  and created by this subsection shall not be changed.

31  


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    CS for SJR 1918                                First Engrossed



 1         (3)  In all counties having a population of fewer less

 2  than 100,000 according to the 1970 federal census and having

 3  more than one county judge on the date of the adoption of this

 4  article, there shall be the same number of judges of the

 5  county court as there are county judges existing on that date

 6  unless changed pursuant to section 9 of this article.

 7         (4)  Municipal courts shall continue with their same

 8  jurisdiction until amended or terminated in a manner

 9  prescribed by special or general law or ordinances, or until

10  January 3, 1977, whichever occurs first. On that date all

11  municipal courts not previously abolished shall cease to

12  exist. Judges of municipal courts shall remain in office and

13  be subject to reappointment or reelection in the manner

14  prescribed by law until said courts are terminated pursuant to

15  the provisions of this subsection. Upon municipal courts being

16  terminated or abolished in accordance with the provisions of

17  this subsection, the judges thereof who are not members of the

18  bar of Florida, shall be eligible to seek election as judges

19  of county courts of their respective counties.

20         (5)  Judges, holding elective office in all other

21  courts abolished by this article, whose terms do not expire in

22  1973 including judges established pursuant to Article VIII,

23  sections 9 and 11 of the constitution of 1885 shall serve as

24  judges of the county court for the remainder of the term to

25  which they were elected. Unless created pursuant to section 9,

26  of this Article V such judicial office shall not continue to

27  exist thereafter.

28         (6)  By March 21, 1972, the supreme court shall certify

29  the need for additional circuit and county judges. The

30  legislature in the 1972 regular session may by general law

31  create additional offices of judge, the terms of which shall


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    CS for SJR 1918                                First Engrossed



 1  begin on the effective date of this article. Elections to such

 2  offices shall take place at the same time and manner as

 3  election to other state judicial offices in 1972.

 4         (6)(7)  County judges of existing county judge's courts

 5  and justices of the peace and magistrates' court who are not

 6  members of bar of Florida shall be eligible to seek election

 7  as county court judges of their respective counties.

 8         (7)(8)  No judge of a court abolished by this article

 9  shall become or be eligible to become a judge of the circuit

10  court unless the judge has been a member of bar of Florida for

11  the preceding five years.

12         (8)(9)  The office of judges of all other courts

13  abolished by this article shall be abolished as of the

14  effective date of this article.

15         (10)  The offices of county solicitor and prosecuting

16  attorney shall stand abolished, and all county solicitors and

17  prosecuting attorneys holding such offices upon the effective

18  date of this article shall become and serve as assistant state

19  attorneys for the circuits in which their counties are situate

20  for the remainder of their terms, with compensation not less

21  than that received immediately before the effective date of

22  this article.

23         (e)  LIMITED OPERATION OF SOME PROVISIONS.--

24         (1)  All justices of the supreme court, judges of the

25  district courts of appeal and circuit judges in office upon

26  the effective date of this article shall retain their offices

27  for the remainder of their respective terms. All members of

28  the judicial qualifications commission in office upon the

29  effective date of this article shall retain their offices for

30  the remainder of their respective terms. Each state attorney

31  


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    CS for SJR 1918                                First Engrossed



 1  in office on the effective date of this article shall retain

 2  the office for the remainder of the term.

 3         (2)  No justice or judge holding office immediately

 4  after this article becomes effective who held judicial office

 5  on July 1, 1957, shall be subject to retirement from judicial

 6  office because of age pursuant to section 8 of this article.

 7         (f)  Until otherwise provided by law, the nonjudicial

 8  duties required of county judges shall be performed by the

 9  judges of the county court.

10         (g)  All provisions of Article V of the Constitution of

11  1885, as amended, not embraced herein which are not

12  inconsistent with this revision shall become statutes subject

13  to modification or repeal as are other statutes.

14         (h)  The requirements of section 14 relative to all

15  county court judges or any judge of a municipal court who

16  continues to hold office pursuant to subsection (d)(4) hereof

17  being compensated by state salaries shall not apply prior to

18  January 3, 1977, unless otherwise provided by general law.

19         (g)(i)  DELETION OF OBSOLETE SCHEDULE ITEMS.--The

20  legislature shall have power, by concurrent resolution, to

21  delete from this article any subsection of this section 20

22  including this subsection, when all events to which the

23  subsection to be deleted is or could become applicable have

24  occurred. A legislative determination of fact made as a basis

25  for application of this subsection shall be subject to

26  judicial review.

27         (j)  EFFECTIVE DATE.--Unless otherwise provided herein,

28  this article shall become effective at 11:59 o'clock P.M.,

29  Eastern Standard Time, January 1, 1973.

30  

31                            ARTICLE VI


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    CS for SJR 1918                                First Engrossed



 1                      SUFFRAGE AND ELECTIONS

 2  

 3         SECTION 1.  Regulation of elections.--All elections by

 4  the people shall be by direct and secret vote. General

 5  elections shall be determined by a plurality of votes cast.

 6  Registration and elections shall, and political party

 7  functions may, be regulated by law; however, the requirements

 8  for a candidate with no party affiliation or for a candidate

 9  of a minor party for placement of the candidate's name on the

10  ballot shall be no greater than the requirements for a

11  candidate of the party having the largest number of registered

12  voters.

13         SECTION 2.  Electors.--Every citizen of the United

14  States who is at least eighteen years of age and who is a

15  permanent resident of the state, if registered as provided by

16  law, shall be an elector of the county where registered.

17         SECTION 3.  Oath.--Each eligible citizen upon

18  registering shall subscribe the following:  "I do solemnly

19  swear (or affirm) that I will protect and defend the

20  Constitution of the United States and the Constitution of the

21  State of Florida, and that I am qualified to register as an

22  elector under the Constitution and laws of the State of

23  Florida."

24         SECTION 4.  Disqualifications.--

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

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

27  qualified to vote or hold office until restoration of civil

28  rights or removal of disability.

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

30  to any of the following offices:

31         (1)  Florida representative,


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    CS for SJR 1918                                First Engrossed



 1         (2)  Florida senator,

 2         (3)  Florida Lieutenant governor, or

 3         (4)  Any office of the Florida cabinet,

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

 5         (6)  U.S. Senator from Florida

 6  

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

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

 9  that office for eight consecutive years.

10         SECTION 5.  Primary, general, and special elections.--

11         (a)  A general election shall be held in each county on

12  the first Tuesday after the first Monday in November of each

13  even-numbered year to choose a successor to each elective

14  state and county officer whose term will expire before the

15  next general election and, except as provided herein, to fill

16  each vacancy in elective office for the unexpired portion of

17  the term. A general election may be suspended or delayed due

18  to a state of emergency or impending emergency pursuant to

19  general law. Special elections and referenda shall be held as

20  provided by law.

21         (b)  If all candidates for an office have the same

22  party affiliation and the winner will have no opposition in

23  the general election, all qualified electors, regardless of

24  party affiliation, may vote in the primary elections for that

25  office.

26         SECTION 6.  Municipal and district

27  elections.--Registration and elections in municipalities

28  shall, and in other governmental entities created by statute

29  may, be provided by law.

30         SECTION 7.  Campaign spending limits and funding of

31  campaigns for elective statewide state-wide office.--It is the


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    CS for SJR 1918                                First Engrossed



 1  policy of this state to provide for state-wide elections in

 2  which all qualified candidates may compete effectively. A

 3  method of public financing for campaigns for state-wide office

 4  shall be established by law. Spending limits shall be

 5  established for such campaigns for candidates who use public

 6  funds in their campaigns. The legislature shall provide

 7  funding for this provision. General law implementing this

 8  paragraph shall be at least as protective of effective

 9  competition by a candidate who uses public funds as the

10  general law in effect on January 1, 1998.

11  

12                           ARTICLE VII

13                       FINANCE AND TAXATION

14  

15         SECTION 1.  Taxation; appropriations; state expenses;

16  state revenue limitation.--

17         (a)  No tax shall be levied except in pursuance of law.

18  No state ad valorem taxes shall be levied upon real estate or

19  tangible personal property. All other forms of taxation shall

20  be preempted to the state except as provided by general law.

21         (b)  Motor vehicles, boats, airplanes, trailers,

22  trailer coaches, and mobile homes, as defined by law, shall be

23  subject to a license tax for their operation in the amounts

24  and for the purposes prescribed by law, but shall not be

25  subject to ad valorem taxes.

26         (c)  No money shall be drawn from the treasury except

27  in pursuance of appropriation made by law.

28         (d)  Provision shall be made by law for raising

29  sufficient revenue to defray the expenses of the state for

30  each fiscal period.

31  


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    CS for SJR 1918                                First Engrossed



 1         (e)  Except as provided herein, state revenues

 2  collected for any fiscal year shall be limited to state

 3  revenues allowed under this subsection for the prior fiscal

 4  year plus an adjustment for growth. As used in this

 5  subsection, "growth" means an amount equal to the average

 6  annual rate of growth in Florida personal income over the most

 7  recent twenty quarters times the state revenues allowed under

 8  this subsection for the prior fiscal year. For the 1995-1996

 9  fiscal year, the state revenues allowed under this subsection

10  for the prior fiscal year shall equal the state revenues

11  collected for the 1994-1995 fiscal year. Florida personal

12  income shall be determined by the legislature, from

13  information available from the United States Department of

14  Commerce or its successor on the first day of February prior

15  to the beginning of the fiscal year. State revenues collected

16  for any fiscal year in excess of this limitation shall be

17  transferred to the budget stabilization fund until the fund

18  reaches the maximum balance specified in Article III, section

19  18(g) 19(g) of Article III, and thereafter shall be refunded

20  to taxpayers as provided by general law. State revenues

21  allowed under this subsection for any fiscal year may be

22  increased by a two-thirds vote of the membership of each house

23  of the legislature in a separate bill that contains no other

24  subject and that sets forth the dollar amount by which the

25  state revenues allowed will be increased. The vote may not be

26  taken less than seventy-two hours after the third reading of

27  the bill. For purposes of this subsection, "state revenues"

28  means taxes, fees, licenses, and charges for services imposed

29  by the legislature on individuals, businesses, or agencies

30  outside state government. However, "state revenues" does not

31  include: revenues that are necessary to meet the requirements


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    CS for SJR 1918                                First Engrossed



 1  set forth in documents authorizing the issuance of bonds by

 2  the state; revenues that are used to provide matching funds

 3  for the federal Medicaid program with the exception of the

 4  revenues used to support the Public Medical Assistance Trust

 5  Fund or its successor program and with the exception of state

 6  matching funds used to fund elective expansions made after

 7  July 1, 1994; proceeds from the state lottery returned as

 8  prizes; receipts of the Florida Hurricane Catastrophe Fund;

 9  balances carried forward from prior fiscal years; taxes,

10  licenses, fees, and charges for services imposed by local,

11  regional, or school district governing bodies; or revenue from

12  taxes, licenses, fees, and charges for services required to be

13  imposed by any amendment or revision to this constitution

14  after July 1, 1994. An adjustment to the revenue limitation

15  shall be made by general law to reflect the fiscal impact of

16  transfers of responsibility for the funding of governmental

17  functions between the state and other levels of government.

18  The legislature shall, by general law, prescribe procedures

19  necessary to administer this subsection.

20         SECTION 2.  Taxes; rate.--All ad valorem taxation shall

21  be at a uniform rate within each taxing unit, except the taxes

22  on intangible personal property may be at different rates but

23  shall never exceed two mills on the dollar of assessed value;

24  provided, as to any obligations secured by mortgage, deed of

25  trust, or other lien on real estate wherever located, an

26  intangible tax of not more than two mills on the dollar may be

27  levied by law to be in lieu of all other intangible

28  assessments on such obligations.

29         SECTION 3.  Taxes; exemptions.--

30         (a)  All property owned by a municipality and used

31  exclusively by it for municipal or public purposes shall be


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    CS for SJR 1918                                First Engrossed



 1  exempt from taxation. A municipality, owning property outside

 2  the municipality, may be required by general law to make

 3  payment to the taxing unit in which the property is located.

 4  Such portions of property as are used predominantly for

 5  educational, literary, scientific, religious, or charitable

 6  purposes may be exempted by general law from taxation.

 7         (b)  There shall be exempt from taxation, cumulatively,

 8  to every head of a family residing in this state, household

 9  goods and personal effects to the value fixed by general law,

10  not less than one thousand dollars, and to every widow or

11  widower or person who is blind or totally and permanently

12  disabled, property to the value fixed by general law not less

13  than five hundred dollars.

14         (c)  Any county or municipality may, for the purpose of

15  its respective tax levy and subject to the provisions of this

16  subsection and general law, grant community and economic

17  development ad valorem tax exemptions to new businesses and

18  expansions of existing businesses, as defined by general law.

19  Such an exemption may be granted only by ordinance of the

20  county or municipality, and only after the electors of the

21  county or municipality voting on such question in a referendum

22  authorize the county or municipality to adopt such ordinances.

23  An exemption so granted shall apply to improvements to real

24  property made by or for the use of a new business and

25  improvements to real property related to the expansion of an

26  existing business and shall also apply to tangible personal

27  property of such new business and tangible personal property

28  related to the expansion of an existing business. The amount

29  or limits of the amount of such exemption shall be specified

30  by general law. The period of time for which such exemption

31  may be granted to a new business or expansion of an existing


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    CS for SJR 1918                                First Engrossed



 1  business shall be determined by general law. The authority to

 2  grant such exemption shall expire ten years from the date of

 3  approval by the electors of the county or municipality, and

 4  may be renewable by referendum as provided by general law.

 5         (d)  By general law and subject to conditions specified

 6  therein, there may be granted an ad valorem tax exemption to a

 7  renewable energy source device and to real property on which

 8  such device is installed and operated, to the value fixed by

 9  general law not to exceed the original cost of the device, and

10  for the period of time fixed by general law not to exceed ten

11  years.

12         (e)  Any county or municipality may, for the purpose of

13  its respective tax levy and subject to the provisions of this

14  subsection and general law, grant historic preservation ad

15  valorem tax exemptions to owners of historic properties. This

16  exemption may be granted only by ordinance of the county or

17  municipality. The amount or limits of the amount of this

18  exemption and the requirements for eligible properties must be

19  specified by general law. The period of time for which this

20  exemption may be granted to a property owner shall be

21  determined by general law.

22         SECTION 4.  Taxation; assessments.--By General law

23  regulations shall prescribe regulations that be prescribed

24  which shall secure a just valuation of all property for ad

25  valorem taxation, provided:

26         (a)  Agricultural land, land producing high water

27  recharge to Florida's aquifers, or land used exclusively for

28  noncommercial recreational purposes may be classified by

29  general law and assessed solely on the basis of character or

30  use.

31  


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    CS for SJR 1918                                First Engrossed



 1         (b)  Pursuant to general law, tangible personal

 2  property held for sale as stock in trade and livestock may be

 3  valued for taxation at a specified percentage of its value,

 4  may be classified for tax purposes, or may be exempted from

 5  taxation.

 6         (c)  All persons entitled to a homestead exemption

 7  under section 6 of this Article shall have their homestead

 8  assessed at just value as of January 1, 1994 of the year

 9  following the effective date of this amendment. This

10  assessment shall change only as provided herein.

11         (1)  Assessments subject to this provision shall be

12  changed annually on January 1st of each year; but those

13  changes in assessments shall not exceed the lower of the

14  following:

15         a.  Three percent (3%) of the assessment for the prior

16  year.

17         b.  The percent change in the Consumer Price Index for

18  all urban consumers, U.S. City Average, all items 1967=100, or

19  successor reports for the preceding calendar year as initially

20  reported by the United States Department of Labor, Bureau of

21  Labor Statistics.

22         (2)  No assessment shall exceed just value.

23         (3)  After any change of ownership, as provided by

24  general law, homestead property shall be assessed at just

25  value as of January 1 of the following year. Thereafter, the

26  homestead shall be assessed as provided herein.

27         (4)  New homestead property shall be assessed at just

28  value as of January 1st of the year following the

29  establishment of the homestead. That assessment shall only

30  change as provided herein.

31  


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    CS for SJR 1918                                First Engrossed



 1         (5)  Changes, additions, reductions, or improvements to

 2  homestead property shall be assessed as provided for by

 3  general law; provided, however, after the adjustment for any

 4  change, addition, reduction, or improvement, the property

 5  shall be assessed as provided herein.

 6         (6)  In the event of a termination of homestead status,

 7  the property shall be assessed as provided by general law.

 8         (7)  The provisions of this amendment are severable. If

 9  any of the provisions of this amendment shall be held

10  unconstitutional by any court of competent jurisdiction, the

11  decision of such court shall not affect or impair any

12  remaining provisions of this amendment.

13         (d)  The legislature may, by general law, for

14  assessment purposes and subject to the provisions of this

15  subsection, allow counties and municipalities to authorize by

16  ordinance that historic property may be assessed solely on the

17  basis of character or use. Such character or use assessment

18  shall apply only to the jurisdiction adopting the ordinance.

19  The requirements for eligible properties must be specified by

20  general law.

21         (e)  A county may, in the manner prescribed by general

22  law, provide for a reduction in the assessed value of

23  homestead property to the extent of any increase in the

24  assessed value of that property which results from the

25  construction or reconstruction of the property for the purpose

26  of providing living quarters for one or more natural or

27  adoptive grandparents or parents of the owner of the property

28  or of the owner's spouse if at least one of the grandparents

29  or parents for whom the living quarters are provided is 62

30  years of age or older. Such a reduction may not exceed the

31  lesser of the following:


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    CS for SJR 1918                                First Engrossed



 1         (1)  The increase in assessed value resulting from

 2  construction or reconstruction of the property.

 3         (2)  Twenty percent of the total assessed value of the

 4  property as improved.

 5         SECTION 5.  Estate, inheritance, and income taxes.--

 6         (a)  NATURAL PERSONS.--No tax upon estates or

 7  inheritances or upon the income of natural persons who are

 8  residents or citizens of the state shall be levied by the

 9  state, or under its authority, in excess of the aggregate of

10  amounts that which may be allowed to be credited upon or

11  deducted from any similar tax levied by the United States or

12  any state.

13         (b)  OTHERS.--No tax upon the income of residents and

14  citizens other than natural persons shall be levied by the

15  state, or under its authority, in excess of five percent 5% of

16  net income, as defined by law, or at such greater rate as is

17  authorized by a three-fifths(3/5)vote of the membership of

18  each house of the legislature or as will provide for the state

19  the maximum amount which may be allowed to be credited against

20  income taxes levied by the United States and other states.

21  There shall be exempt from taxation not less than five

22  thousand dollars ($5,000) of the excess of net income subject

23  to tax over the maximum amount allowed to be credited against

24  income taxes levied by the United States and other states.

25         (c)  EFFECTIVE DATE.  This section shall become

26  effective immediately upon approval by the electors of

27  Florida.

28         SECTION 6.  Homestead exemptions.--

29         (a)  Every person who has the legal or equitable title

30  to real estate and maintains thereon the permanent residence

31  of the owner, or another legally or naturally dependent upon


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    CS for SJR 1918                                First Engrossed



 1  the owner, shall be exempt from taxation thereon, except

 2  assessments for special benefits, up to the assessed valuation

 3  of five thousand dollars, upon establishment of right thereto

 4  in the manner prescribed by law. The real estate may be held

 5  by legal or equitable title, by the entireties, jointly, in

 6  common, as a condominium, or indirectly by stock ownership or

 7  membership representing the owner's or member's proprietary

 8  interest in a corporation owning a fee or a leasehold

 9  initially in excess of ninety-eight years.

10         (b)  Not more than one exemption shall be allowed any

11  individual or family unit or with respect to any residential

12  unit. No exemption shall exceed the value of the real estate

13  assessable to the owner or, in case of ownership through stock

14  or membership in a corporation, the value of the proportion

15  which the interest in the corporation bears to the assessed

16  value of the property.

17         (c)  By general law and subject to conditions specified

18  therein, the exemption shall be increased to a total of

19  twenty-five thousand dollars of the assessed value of the real

20  estate for each school district levy. By general law and

21  subject to conditions specified therein, the exemption for all

22  other levies may be increased up to an amount not exceeding

23  ten thousand dollars of the assessed value of the real estate

24  if the owner has attained age sixty-five or is totally and

25  permanently disabled and if the owner is not entitled to the

26  exemption provided in subsection (d).

27         (d)  By general law and subject to conditions specified

28  therein, the exemption shall be increased to a total of the

29  following amounts of assessed value of real estate for each

30  levy other than those of school districts: fifteen thousand

31  dollars with respect to 1980 assessments; twenty thousand


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    CS for SJR 1918                                First Engrossed



 1  dollars with respect to 1981 assessments; twenty-five thousand

 2  dollars with respect to assessments for 1982 and each year

 3  thereafter. However, such increase shall not apply with

 4  respect to any assessment roll until such roll is first

 5  determined to be in compliance with the provisions of section

 6  4 by a state agency designated by general law. This subsection

 7  shall stand repealed on the effective date of any amendment to

 8  section 4 which provides for the assessment of homestead

 9  property at a specified percentage of its just value.

10         (e)  By general law and subject to conditions specified

11  therein, the legislature may provide to renters, who are

12  permanent residents, ad valorem tax relief on all ad valorem

13  tax levies. Such ad valorem tax relief shall be in the form

14  and amount established by general law.

15         (f)  The legislature may, by general law, allow

16  counties or municipalities, for the purpose of their

17  respective tax levies and subject to the provisions of general

18  law, to grant an additional homestead tax exemption not

19  exceeding twenty-five thousand dollars to any person who has

20  the legal or equitable title to real estate and maintains

21  thereon the permanent residence of the owner and who has

22  attained age sixty-five and whose household income, as defined

23  by general law, does not exceed twenty thousand dollars. The

24  general law must allow counties and municipalities to grant

25  this additional exemption, within the limits prescribed in

26  this subsection, by ordinance adopted in the manner prescribed

27  by general law, and must provide for the periodic adjustment

28  of the income limitation prescribed in this subsection for

29  changes in the cost of living.

30         SECTION 7.  Allocation of pari-mutuel taxes.--Taxes

31  upon the operation of pari-mutuel pools may be preempted to


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    CS for SJR 1918                                First Engrossed



 1  the state or allocated in whole or in part to the counties.

 2  When allocated to the counties, the distribution shall be in

 3  equal amounts to the several counties.

 4         SECTION 8.  Aid to local governments.--State funds may

 5  be appropriated to the several counties, school districts,

 6  municipalities, or special districts upon such conditions as

 7  may be provided by general law. These conditions may include

 8  the use of relative ad valorem assessment levels determined by

 9  a state agency designated by general law.

10         SECTION 9.  Local taxes.--

11         (a)  Counties, school districts, and municipalities

12  shall, and special districts may, be authorized by law to levy

13  ad valorem taxes and may be authorized by general law to levy

14  other taxes, for their respective purposes, except ad valorem

15  taxes on intangible personal property and taxes prohibited by

16  this constitution.

17         (b)  Ad valorem taxes, exclusive of taxes levied for

18  the payment of bonds and taxes levied for periods not longer

19  than two years when authorized by vote of the electors who are

20  the owners of freeholds therein not wholly exempt from

21  taxation, shall not be levied in excess of the following

22  millages upon the assessed value of real estate and tangible

23  personal property: for all county purposes, ten mills; for all

24  municipal purposes, ten mills; for all school purposes, ten

25  mills; for water management purposes for the northwest portion

26  of the state lying west of the line between ranges two and

27  three east, 0.05 mill; for water management purposes for the

28  remaining portions of the state, 1.0 mill; and for all other

29  special districts a millage authorized by law approved by vote

30  of the electors who are owners of freeholds therein not wholly

31  exempt from taxation. A county furnishing municipal services


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    CS for SJR 1918                                First Engrossed



 1  may, to the extent authorized by law, levy additional taxes

 2  within the limits fixed for municipal purposes.

 3         SECTION 10.  Pledging credit.--Neither the state nor

 4  any county, school district, municipality, special district,

 5  or agency of any of them, shall become a joint owner with, or

 6  stockholder of, or give, lend, or use its taxing power or

 7  credit to aid any corporation, association, partnership, or

 8  person; but this shall not prohibit laws authorizing:

 9         (a)  The investment of public trust funds;

10         (b)  The investment of other public funds in

11  obligations of, or insured by, the United States or any of its

12  instrumentalities;

13         (c)  The issuance and sale by any county, municipality,

14  special district, or other local governmental body of (1)

15  revenue bonds to finance or refinance the cost of capital

16  projects for airports or port facilities, or (2) revenue bonds

17  to finance or refinance the cost of capital projects for

18  industrial or manufacturing plants to the extent that the

19  interest thereon is exempt from income taxes under the then

20  existing laws of the United States, when, in either case, the

21  revenue bonds are payable solely from revenue derived from the

22  sale, operation, or leasing of the projects. If any project so

23  financed, or any part thereof, is occupied or operated by any

24  private corporation, association, partnership, or person

25  pursuant to contract or lease with the issuing body, the

26  property interest created by such contract or lease shall be

27  subject to taxation to the same extent as other privately

28  owned property.

29         (d)  A municipality, county, special district, or

30  agency of any of them, being a joint owner of, giving, or

31  lending or using its taxing power or credit for the joint


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    CS for SJR 1918                                First Engrossed



 1  ownership, construction, and operation of electrical energy

 2  generating or transmission facilities with any corporation,

 3  association, partnership, or person.

 4         SECTION 11.  State bonds; revenue bonds.--

 5         (a)  State bonds pledging the full faith and credit of

 6  the state may be issued only to finance or refinance the cost

 7  of state fixed capital outlay projects authorized by law, and

 8  purposes incidental thereto, upon approval by a vote of the

 9  electors; provided state bonds issued pursuant to this

10  subsection may be refunded without a vote of the electors at a

11  lower net average interest cost rate. The total outstanding

12  principal of state bonds issued pursuant to this subsection

13  shall never exceed fifty percent of the total tax revenues of

14  the state for the two preceding fiscal years, excluding any

15  tax revenues held in trust under the provisions of this

16  constitution.

17         (b)  Moneys sufficient to pay debt service on state

18  bonds as the same becomes due shall be appropriated by law.

19         (c)  Any state bonds pledging the full faith and credit

20  of the state issued under this section or any other section of

21  this constitution may be combined for the purposes of sale.

22         (d)  Revenue bonds may be issued by the state or its

23  agencies without a vote of the electors to finance or

24  refinance the cost of state fixed capital outlay projects

25  authorized by law, and purposes incidental thereto, and shall

26  be payable solely from funds derived directly from sources

27  other than state tax revenues.

28         (e)  Bonds pledging all or part of a dedicated state

29  tax revenue may be issued by the state in the manner provided

30  by general law to finance or refinance the acquisition and

31  improvement of land, water areas, and related property


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    CS for SJR 1918                                First Engrossed



 1  interests and resources for the purposes of conservation,

 2  outdoor recreation, water resource development, restoration of

 3  natural systems, and historic preservation.

 4         (f)  Each project, building, or facility to be financed

 5  or refinanced with revenue bonds issued under this section

 6  shall first be approved by the legislature by an act relating

 7  to appropriations or by general law.

 8         SECTION 12.  Local bonds.--Counties, school districts,

 9  municipalities, special districts, and local governmental

10  bodies with taxing powers may issue bonds, certificates of

11  indebtedness, or any form of tax anticipation certificates,

12  payable from ad valorem taxation and maturing more than twelve

13  months after issuance only:

14         (a)  To finance or refinance capital projects

15  authorized by law and only when approved by vote of the

16  electors who are owners of freeholds therein not wholly exempt

17  from taxation; or

18         (b)  To refund outstanding bonds and interest and

19  redemption premium thereon at a lower net average interest

20  cost rate.

21         SECTION 13.  Relief from illegal taxes.--Until payment

22  of all taxes which have been legally assessed upon the

23  property of the same owner, no court shall grant relief from

24  the payment of any tax that may be illegal or illegally

25  assessed.

26         SECTION 14.  Bonds for pollution control and abatement

27  and other water facilities.--

28         (a)  When authorized by law, state bonds pledging the

29  full faith and credit of the state may be issued without an

30  election to finance the construction of air and water

31  pollution control and abatement and solid waste disposal


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    CS for SJR 1918                                First Engrossed



 1  facilities and other water facilities authorized by general

 2  law (herein referred to as "facilities") to be operated by any

 3  municipality, county, district or authority, or any agency

 4  thereof (herein referred to as "local governmental agencies"),

 5  or by any agency of the State of Florida. Such bonds shall be

 6  secured by a pledge of and shall be payable primarily from all

 7  or any part of revenues to be derived from operation of such

 8  facilities, special assessments, rentals to be received under

 9  lease-purchase agreements herein provided for, any other

10  revenues that may be legally available for such purpose,

11  including revenues from other facilities, or any combination

12  thereof (herein collectively referred to as "pledged

13  revenues"), and shall be additionally secured by the full

14  faith and credit of the State of Florida.

15         (b)  No such bonds shall be issued unless a state

16  fiscal agency, created by law, has made a determination that

17  in no state fiscal year will the debt service requirements of

18  the bonds proposed to be issued and all other bonds secured by

19  the pledged revenues exceed seventy-five percent per cent of

20  the pledged revenues.

21         (c)  The state may lease any of such facilities to any

22  local governmental agency, under lease-purchase agreements for

23  such periods and under such other terms and conditions as may

24  be mutually agreed upon. The local governmental agencies may

25  pledge the revenues derived from such leased facilities or any

26  other available funds for the payment of rentals thereunder;

27  and, in addition, the full faith and credit and taxing power

28  of such local governmental agencies may be pledged for the

29  payment of such rentals without any election of freeholder

30  electors or qualified electors.

31  


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    CS for SJR 1918                                First Engrossed



 1         (d)  The state may also issue such bonds for the

 2  purpose of loaning money to local governmental agencies, for

 3  the construction of such facilities to be owned or operated by

 4  any of such local governmental agencies. Such loans shall bear

 5  interest at not more than one-half of one percent per cent per

 6  annum greater than the last preceding issue of state bonds

 7  pursuant to this section, shall be secured by the pledged

 8  revenues, and may be additionally secured by the full faith

 9  and credit of the local governmental agencies.

10         (e)  The total outstanding principal of state bonds

11  issued pursuant to this section 14 shall never exceed fifty

12  percent per cent of the total tax revenues of the state for

13  the two preceding fiscal years.

14         SECTION 15.  Revenue bonds for scholarship loans.--

15         (a)  When authorized by law, revenue bonds may be

16  issued to establish a fund to make loans to students

17  determined eligible as prescribed by law and who have been

18  admitted to attend any public or private institutions of

19  higher learning, junior colleges, health related training

20  institutions, or vocational training centers, which are

21  recognized or accredited under terms and conditions prescribed

22  by law. Revenue bonds issued pursuant to this section shall be

23  secured by a pledge of and shall be payable primarily from

24  payments of interest, principal, and handling charges to such

25  fund from the recipients of the loans and, if authorized by

26  law, may be additionally secured by student fees and by any

27  other moneys in such fund. There shall be established from the

28  proceeds of each issue of revenue bonds a reserve account in

29  an amount equal to and sufficient to pay the greatest amount

30  of principal, interest, and handling charges to become due on

31  such issue in any ensuing state fiscal year.


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    CS for SJR 1918                                First Engrossed



 1         (b)  Interest moneys in the fund established pursuant

 2  to this section, not required in any fiscal year for payment

 3  of debt service on then outstanding revenue bonds or for

 4  maintenance of the reserve account, may be used for

 5  educational loans to students determined to be eligible

 6  therefor in the manner provided by law, or for such other

 7  related purposes as may be provided by law.

 8         SECTION 16.  Bonds for housing and related

 9  facilities.--

10         (a)  When authorized by law, revenue bonds may be

11  issued without an election to finance or refinance housing and

12  related facilities in Florida, herein referred to as

13  "facilities."

14         (b)  The bonds shall be secured by a pledge of and

15  shall be payable primarily from all or any part of revenues to

16  be derived from the financing, operation, or sale of such

17  facilities, mortgage or loan payments, and any other revenues

18  or assets that may be legally available for such purposes

19  derived from sources other than ad valorem taxation, including

20  revenues from other facilities, or any combination thereof,

21  herein collectively referred to as "pledged revenues,"

22  provided that in no event shall the full faith and credit of

23  the state be pledged to secure such revenue bonds.

24         (c)  No bonds shall be issued unless a state fiscal

25  agency, created by law, has made a determination that in no

26  state fiscal year will the debt service requirements of the

27  bonds proposed to be issued and all other bonds secured by the

28  same pledged revenues exceed the pledged revenues available

29  for payment of such debt service requirements, as defined by

30  law.

31  


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    CS for SJR 1918                                First Engrossed



 1         SECTION 17.  Bonds for acquiring transportation

 2  right-of-way or for constructing bridges.--

 3         (a)  When authorized by law, state bonds pledging the

 4  full faith and credit of the state may be issued, without a

 5  vote of the electors, to finance or refinance the cost of

 6  acquiring real property or the rights to real property for

 7  state roads as defined by law, or to finance or refinance the

 8  cost of state bridge construction, and purposes incidental to

 9  such property acquisition or state bridge construction.

10         (b)  Bonds issued under this section shall be secured

11  by a pledge of and shall be payable primarily from motor fuel

12  or special fuel taxes, except those defined in Article XII,

13  section 7(c) 9(c) of Article XII, as provided by law, and

14  shall additionally be secured by the full faith and credit of

15  the state.

16         (c)  No bonds shall be issued under this section unless

17  a state fiscal agency, created by law, has made a

18  determination that in no state fiscal year will the debt

19  service requirements of the bonds proposed to be issued and

20  all other bonds secured by the same pledged revenues exceed

21  ninety percent of the pledged revenues available for payment

22  of such debt service requirements, as defined by law. For the

23  purposes of this subsection, the term "pledged revenues" means

24  all revenues pledged to the payment of debt service, excluding

25  any pledge of the full faith and credit of the state.

26         SECTION 18.  Laws requiring counties or municipalities

27  to spend funds or limiting their ability to raise revenue or

28  receive state tax revenue.--

29         (a)  No county or municipality shall be bound by any

30  general law requiring such county or municipality to spend

31  funds or to take an action requiring the expenditure of funds


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    CS for SJR 1918                                First Engrossed



 1  unless the legislature has determined that such law fulfills

 2  an important state interest and unless:  funds have been

 3  appropriated that have been estimated at the time of enactment

 4  to be sufficient to fund such expenditure; the legislature

 5  authorizes or has authorized a county or municipality to enact

 6  a funding source not available for such county or municipality

 7  on February 1, 1989, that can be used to generate the amount

 8  of funds estimated to be sufficient to fund such expenditure

 9  by a simple majority vote of the governing body of such county

10  or municipality; the law requiring such expenditure is

11  approved by two-thirds of the membership in each house of the

12  legislature; the expenditure is required to comply with a law

13  that applies to all persons similarly situated, including the

14  state and local governments; or the law is either required to

15  comply with a federal requirement or required for eligibility

16  for a federal entitlement, which federal requirement

17  specifically contemplates actions by counties or

18  municipalities for compliance.

19         (b)  Except upon approval of each house of the

20  legislature by two-thirds of the membership, the legislature

21  may not enact, amend, or repeal any general law if the

22  anticipated effect of doing so would be to reduce the

23  authority that municipalities or counties have to raise

24  revenues in the aggregate, as such authority exists on

25  February 1, 1989.

26         (c)  Except upon approval of each house of the

27  legislature by two-thirds of the membership, the legislature

28  may not enact, amend, or repeal any general law if the

29  anticipated effect of doing so would be to reduce the

30  percentage of a state tax shared with counties and

31  municipalities as an aggregate on February 1, 1989. The


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    CS for SJR 1918                                First Engrossed



 1  provisions of this subsection shall not apply to enhancements

 2  enacted after February 1, 1989, to state tax sources, or

 3  during a fiscal emergency declared in a written joint

 4  proclamation issued by the president of the senate and the

 5  speaker of the house of representatives, or where the

 6  legislature provides additional state-shared revenues that

 7  which are anticipated to be sufficient to replace the

 8  anticipated aggregate loss of state-shared revenues resulting

 9  from the reduction of the percentage of the state tax shared

10  with counties and municipalities, which source of replacement

11  revenues shall be subject to the same requirements for repeal

12  or modification as provided herein for a state-shared tax

13  source existing on February 1, 1989.

14         (d)  Laws adopted to require funding of pension

15  benefits existing on January 8, 1991; the effective date of

16  this section, criminal laws;, election laws;, the general

17  appropriations act;, special appropriations acts;, laws

18  reauthorizing but not expanding then-existing statutory

19  authority;, laws having insignificant fiscal impact;, and laws

20  creating, modifying, or repealing noncriminal infractions, are

21  exempt from the requirements of this section.

22         (e)  The legislature may enact laws to assist in the

23  implementation and enforcement of this section.

24  

25                           ARTICLE VIII

26                         LOCAL GOVERNMENT

27  

28         SECTION 1.  Counties.--

29         (a)  POLITICAL SUBDIVISIONS.--The state shall be

30  divided by law into political subdivisions called counties.

31  


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    CS for SJR 1918                                First Engrossed



 1  Counties may be created, abolished, or changed by law, with

 2  provision for payment or apportionment of the public debt.

 3         (b)  COUNTY FUNDS.--The care, custody, and method of

 4  disbursing county funds shall be provided by general law.

 5         (c)  GOVERNMENT.--Pursuant to general or special law, a

 6  county government may be established by charter that which

 7  shall be adopted, amended, or repealed only upon vote of the

 8  electors of the county in a special election called for that

 9  purpose.

10         (d)  COUNTY OFFICERS.--There shall be elected by the

11  electors of each county, for terms of four years, a sheriff, a

12  tax collector, a property appraiser, a supervisor of

13  elections, and a clerk of the circuit court; except, when

14  provided by county charter or special law approved by vote of

15  the electors of the county, any county officer may be chosen

16  in another manner therein specified, or any county office may

17  be abolished when all the duties of the office prescribed by

18  general law are transferred to another office. When not

19  otherwise provided by county charter or special law approved

20  by vote of the electors, the clerk of the circuit court shall

21  be ex officio clerk of the board of county commissioners,

22  auditor, recorder, and custodian of all county funds.

23         (e)  COMMISSIONERS.--Except when otherwise provided by

24  county charter, the governing body of each county shall be a

25  board of county commissioners composed of five or seven

26  members serving staggered terms of four years. After each

27  decennial census, the board of county commissioners shall

28  divide the county into districts of contiguous territory as

29  nearly equal in population as practicable. One commissioner

30  residing in each district shall be elected as provided by law.

31  


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    CS for SJR 1918                                First Engrossed



 1         (f)  NON-CHARTER GOVERNMENT.--Counties not operating

 2  under county charters shall have such power of self-government

 3  as is provided by general or special law. The board of county

 4  commissioners of a county not operating under a charter may

 5  enact, in a manner prescribed by general law, county

 6  ordinances not inconsistent with general or special law, but

 7  an ordinance in conflict with a municipal ordinance shall not

 8  be effective within the municipality to the extent of such

 9  conflict.

10         (g)  CHARTER GOVERNMENT.--Counties operating under

11  county charters shall have all powers of local self-government

12  not inconsistent with general law, or with special law

13  approved by vote of the electors. The governing body of a

14  county operating under a charter may enact county ordinances

15  not inconsistent with general law. The charter shall provide

16  which shall prevail in the event of conflict between county

17  and municipal ordinances.

18         (h)  TAXES; LIMITATION.--Property situate within

19  municipalities shall not be subject to taxation for services

20  rendered by the county exclusively for the benefit of the

21  property or residents in unincorporated areas.

22         (i)  COUNTY ORDINANCES.--Each county ordinance shall be

23  filed with the custodian of state records and shall become

24  effective at such time thereafter as is provided by general

25  law.

26         (j)  VIOLATION OF ORDINANCES.--Persons violating county

27  ordinances shall be prosecuted and punished as provided by

28  law.

29         (k)  COUNTY SEAT.--In every county there shall be a

30  county seat at which shall be located the principal offices

31  and permanent records of all county officers. The county seat


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    CS for SJR 1918                                First Engrossed



 1  may not be moved except as provided by general law. Branch

 2  offices for the conduct of county business may be established

 3  elsewhere in the county by resolution of the governing body of

 4  the county in the manner prescribed by law. No instrument

 5  shall be deemed recorded until filed at the county seat, or a

 6  branch office designated by the governing body of the county

 7  for the recording of instruments, according to law.

 8         SECTION 2.  Municipalities.--

 9         (a)  ESTABLISHMENT.--Municipalities may be established

10  or abolished and their charters amended pursuant to general or

11  special law. When any municipality is abolished, provision

12  shall be made for the protection of its creditors.

13         (b)  POWERS.--Municipalities shall have governmental,

14  corporate, and proprietary powers to enable them to conduct

15  municipal government, perform municipal functions and render

16  municipal services, and may exercise any power for municipal

17  purposes except as otherwise provided by law. Each municipal

18  legislative body shall be elective.

19         (c)  ANNEXATION.--Municipal annexation of

20  unincorporated territory, merger of municipalities, and

21  exercise of extra-territorial powers by municipalities shall

22  be as provided by general or special law.

23         SECTION 3.  Consolidation.--The government of a county

24  and the government of one or more municipalities located

25  therein may be consolidated into a single government, which

26  may exercise any and all powers of the county and the several

27  municipalities. The consolidation plan may be proposed only by

28  special law, which shall become effective if approved by vote

29  of the electors of the county, or of the county and

30  municipalities affected, as may be provided in the plan.

31  Consolidation shall not extend the territorial scope of


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    CS for SJR 1918                                First Engrossed



 1  taxation for the payment of pre-existing debt except to areas

 2  whose residents receive a benefit from the facility or service

 3  for which the indebtedness was incurred.

 4         SECTION 4.  Transfer of powers.--By law or by

 5  resolution of the governing bodies of each of the governments

 6  affected, any function or power of a county, municipality, or

 7  special district may be transferred to or contracted to be

 8  performed by another county, municipality, or special

 9  district, after approval by vote of the electors of the

10  transferor and approval by vote of the electors of the

11  transferee, or as otherwise provided by law.

12         SECTION 5.  Local option.--

13         (a)  Local option on the legality or prohibition of the

14  sale of intoxicating liquors, wines, or beers shall be

15  preserved to each county. The status of a county with respect

16  thereto shall be changed only by vote of the electors in a

17  special election called upon the petition of twenty-five

18  percent per cent of the electors of the county, and not sooner

19  than two years after an earlier election on the same question.

20  Where legal, the sale of intoxicating liquors, wines, and

21  beers shall be regulated by law.

22         (b)  Each county shall have the authority to require a

23  criminal history records check and a 3-to-5-day 3 to 5-day

24  waiting period, excluding weekends and legal holidays, in

25  connection with the sale of any firearm occurring within such

26  county. For purposes of this subsection, the term "sale" means

27  the transfer of money or other valuable consideration for any

28  firearm when any part of the transaction is conducted on

29  property to which the public has the right of access. Holders

30  of a concealed weapons permit as prescribed by general law

31  


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    CS for SJR 1918                                First Engrossed



 1  shall not be subject to the provisions of this subsection when

 2  purchasing a firearm.

 3         SECTION 6.  Schedule to Article VIII.--

 4         (a)  APPLICABILITY TO FORMER ARTICLE.--This article

 5  shall replace all of Article VIII of the constitution of 1885,

 6  as amended, except those sections expressly retained and made

 7  a part of this article by reference.

 8         (b)  COUNTIES; COUNTY SEATS; MUNICIPALITIES;

 9  DISTRICTS.--The status of the following items as they exist on

10  the date this article becomes effective is recognized and

11  shall be continued until changed in accordance with law:  the

12  counties of the state; their status with respect to the

13  legality of the sale of intoxicating liquors, wines, and

14  beers; the method of selection of county officers; the

15  performance of municipal functions by county officers; the

16  county seats; and the municipalities and special districts of

17  the state, their powers, jurisdiction, and government.

18         (c)  OFFICERS TO CONTINUE IN OFFICE.  Every person

19  holding office when this article becomes effective shall

20  continue in office for the remainder of the term if that

21  office is not abolished. If the office is abolished the

22  incumbent shall be paid adequate compensation, to be fixed by

23  law, for the loss of emoluments for the remainder of the term.

24         (c)(d)  ORDINANCES.--Local laws relating only to

25  unincorporated areas of a county on the effective date of this

26  article may be amended or repealed by county ordinance.

27         (d)(e)  CONSOLIDATION AND HOME RULE.--Article VIII,

28  sections 9, 10, 11, and 24, of the constitution of 1885, as

29  amended, shall remain in full force and effect as to each

30  county affected, as if this article had not been adopted,

31  until that county shall expressly adopt a charter or home rule


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    CS for SJR 1918                                First Engrossed



 1  plan pursuant to this article. All provisions of the

 2  Metropolitan Dade County Home Rule Charter, heretofore or

 3  hereafter adopted by the electors of Dade County pursuant to

 4  Article VIII, section 11, of the constitution of 1885, as

 5  amended, shall be valid, and any amendments to such charter

 6  shall be valid; provided that the said provisions of such

 7  charter and the said amendments thereto are authorized under

 8  said Article VIII, section 11, of the constitution of 1885, as

 9  amended.

10         (e)(f)  DADE COUNTY; POWERS CONFERRED UPON

11  MUNICIPALITIES.--To the extent not inconsistent with the

12  powers of existing municipalities or general law, the

13  Metropolitan Government of Dade County may exercise all the

14  powers conferred now or hereafter by general law upon

15  municipalities.

16         (f)(g)  DELETION OF OBSOLETE SCHEDULE ITEMS.--The

17  legislature shall have power, by joint resolution, to delete

18  from this article any subsection of this section 6, including

19  this subsection, when all events to which the subsection to be

20  deleted is or could become applicable have occurred. A

21  legislative determination of fact made as a basis for

22  application of this subsection shall be subject to judicial

23  review.

24  

25                            ARTICLE IX

26                            EDUCATION

27  

28         SECTION 1.  Public education.--

29         (a)  The education of children is a fundamental value

30  of the people of this the state of Florida. It is, therefore,

31  a paramount duty of the state to make adequate provision for


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    CS for SJR 1918                                First Engrossed



 1  the education of all children residing within its borders.

 2  Adequate provision shall be made by law for a uniform,

 3  efficient, safe, secure, and high quality system of free

 4  public schools that allows students to obtain a high quality

 5  education and for the establishment, maintenance, and

 6  operation of institutions of higher learning and other public

 7  education programs that the needs of the people may require.

 8  To assure that children attending public schools obtain a high

 9  quality education, the legislature shall make adequate

10  provision to ensure that, by the beginning of the 2010 school

11  year, there are a sufficient number of classrooms so that:

12         (1)  The maximum number of students who are assigned to

13  each teacher who is teaching in public school classrooms for

14  prekindergarten through grade 3 does not exceed 18 students;

15         (2)  The maximum number of students who are assigned to

16  each teacher who is teaching in public school classrooms for

17  grades 4 through 8 does not exceed 22 students; and

18         (3)  The maximum number of students who are assigned to

19  each teacher who is teaching in public school classrooms for

20  grades 9 through 12 does not exceed 25 students.

21  

22  The class size requirements of this subsection do not apply to

23  extracurricular classes. Payment of the costs associated with

24  reducing class size to meet these requirements is the

25  responsibility of the state and not of local school schools

26  districts. Beginning with the 2003-2004 fiscal year, The

27  legislature shall provide sufficient funds to reduce the

28  average number of students in each classroom by at least two

29  students per year until the maximum number of students per

30  classroom does not exceed the requirements of this subsection.

31  


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 1         (b)  Every four-year-old four-year old child in Florida

 2  shall be provided by the State a high-quality high quality

 3  pre-kindergarten learning opportunity in the form of an early

 4  childhood development and education program that which shall

 5  be voluntary, high quality, free, and delivered according to

 6  professionally accepted standards. An early childhood

 7  development and education program means an organized program

 8  designed to address and enhance each child's ability to make

 9  age-appropriate age appropriate progress in an appropriate

10  range of settings in the development of language and cognitive

11  capabilities and emotional, social, regulatory, and moral

12  capacities through education in basic skills and such other

13  skills as the legislature may determine to be appropriate.

14         (c)  The early childhood education and development

15  programs provided by reason of subsection subparagraph (b)

16  shall be implemented no later than the beginning of the 2005

17  school year through funds generated in addition to those used

18  for existing education, health, and development programs.

19  Existing education, health, and development programs are those

20  funded by the state as of January 1, 2002, that provided for

21  child or adult education, health care, or development.

22         SECTION 2.  State board of education.--The state board

23  of education shall be a body corporate and have such

24  supervision of the system of free public education as is

25  provided by law. The state board of education shall consist of

26  seven members appointed by the governor to staggered 4-year

27  terms, subject to confirmation by the senate. The state board

28  of education shall appoint the commissioner of education.

29         SECTION 3.  Terms of appointive board members.--Members

30  of any appointive board dealing with education may serve terms

31  in excess of four years as provided by law.


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 1         SECTION 4.  School districts; school boards.--

 2         (a)  Each county shall constitute a school district,;

 3  provided that, two or more contiguous counties, upon vote of

 4  the electors of each county pursuant to law, may be combined

 5  into one school district. In each school district, there shall

 6  be a school board composed of five or more members chosen by

 7  vote of the electors in a nonpartisan election for

 8  appropriately staggered terms of four years, as provided by

 9  law.

10         (b)  The school board shall operate, control, and

11  supervise all free public schools within the school district

12  and determine the rate of school district taxes within the

13  limits prescribed herein. Two or more school districts may

14  operate and finance joint educational programs.

15         SECTION 5.  Superintendent of schools.--In each school

16  district, there shall be a superintendent of schools who shall

17  be elected at the general election in each year the number of

18  which is a multiple of four for a term of four years; or, when

19  provided by resolution of the district school board, or by

20  special law, approved by vote of the electors, the district

21  school superintendent in any school district shall be employed

22  by the district school board as provided by general law. The

23  resolution or special law may be rescinded or repealed by

24  either procedure after four years.

25         SECTION 6.  State school fund.--The income derived from

26  the state school fund shall, and the principal of the fund

27  may, be appropriated, but only to the support and maintenance

28  of free public schools.

29         SECTION 7.  State University System.--

30         (a)  PURPOSES.  In order to achieve excellence through

31  teaching students, advancing research and providing public


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    CS for SJR 1918                                First Engrossed



 1  service for the benefit of Florida's citizens, their

 2  communities and economies, the people hereby establish a

 3  system of governance for the state university system of

 4  Florida.

 5         (b)  STATE UNIVERSITY SYSTEM.  There shall be a single

 6  state university system comprised of all public universities.

 7  A board of trustees shall administer each public university

 8  and a board of governors shall govern the state university

 9  system.

10         (c)  LOCAL BOARDS OF TRUSTEES.  Each local constituent

11  university shall be administered by a board of trustees

12  consisting of thirteen members dedicated to the purposes of

13  the state university system. The board of governors shall

14  establish the powers and duties of the boards of trustees.

15  Each board of trustees shall consist of six citizen members

16  appointed by the governor and five citizen members appointed

17  by the board of governors. The appointed members shall be

18  confirmed by the senate and serve staggered terms of five

19  years as provided by law. The chair of the faculty senate, or

20  the equivalent, and the president of the student body of the

21  university shall also be members.

22         (d)  STATEWIDE BOARD OF GOVERNORS.  The board of

23  governors shall be a body corporate consisting of seventeen

24  members. The board shall operate, regulate, control, and be

25  fully responsible for the management of the whole university

26  system. These responsibilities shall include, but not be

27  limited to, defining the distinctive mission of each

28  constituent university and its articulation with free public

29  schools and community colleges, ensuring the well-planned

30  coordination and operation of the system, and avoiding

31  wasteful duplication of facilities or programs. The board's


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    CS for SJR 1918                                First Engrossed



 1  management shall be subject to the powers of the legislature

 2  to appropriate for the expenditure of funds, and the board

 3  shall account for such expenditures as provided by law. The

 4  governor shall appoint to the board fourteen citizens

 5  dedicated to the purposes of the state university system. The

 6  appointed members shall be confirmed by the senate and serve

 7  staggered terms of seven years as provided by law. The

 8  commissioner of education, the chair of the advisory council

 9  of faculty senates, or the equivalent, and the president of

10  the Florida student association, or the equivalent, shall also

11  be members of the board.

12  

13                            ARTICLE X

14                          MISCELLANEOUS

15  

16         SECTION 1.  Amendments to United States

17  Constitution.--The legislature shall not take action on any

18  proposed amendment to the Constitution of the United States

19  unless a majority of the members thereof have been elected

20  after the proposed amendment has been submitted for

21  ratification.

22         SECTION 1 2.  Militia.--

23         (a)  The militia shall be composed of all able-bodied

24  ablebodied inhabitants of the state who are or have declared

25  their intention to become citizens of the United States,; and

26  no person because of religious creed or opinion shall be

27  exempted from military duty except upon conditions provided by

28  law.

29         (b)  The organizing, equipping, housing, maintaining,

30  and disciplining of the militia, and the safekeeping of public

31  arms may be provided for by law.


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 1         (c)  The governor shall appoint all commissioned

 2  officers of the militia, including an adjutant general who

 3  shall be chief of staff. The appointment of all general

 4  officers shall be subject to confirmation by the senate.

 5         (d)  The qualifications of personnel and officers of

 6  the federally recognized national guard, including the

 7  adjutant general, and the grounds and proceedings for their

 8  discipline and removal shall conform to the appropriate United

 9  States Army or Air Force regulations and usages.

10         SECTION 2 3.  Vacancy in office.--Vacancy in office

11  shall occur upon the creation of an office, upon the death,

12  removal from office, or resignation of the incumbent or the

13  incumbent's succession to another office, unexplained absence

14  for sixty consecutive days, or failure to maintain the

15  residence required when elected or appointed, and upon failure

16  of one elected or appointed to office to qualify within thirty

17  days from the commencement of the term.

18         SECTION 3 4.  Homestead; exemptions.--

19         (a)  There shall be exempt from forced sale under

20  process of any court, and no judgment, decree, or execution

21  shall be a lien thereon, except for the payment of taxes and

22  assessments thereon, obligations contracted for the purchase,

23  improvement, or repair thereof, or obligations contracted for

24  house, field, or other labor performed on the realty, the

25  following property owned by a natural person:

26         (1)  A homestead, if located outside a municipality, to

27  the extent of one hundred sixty acres of contiguous land and

28  improvements thereon, which shall not be reduced without the

29  owner's consent by reason of subsequent inclusion in a

30  municipality; or if located within a municipality, to the

31  extent of one-half acre of contiguous land, upon which the


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    CS for SJR 1918                                First Engrossed



 1  exemption shall be limited to the residence of the owner or

 2  the owner's family;

 3         (2)  Personal property to the value of one thousand

 4  dollars.

 5         (b)  These exemptions shall inure to the surviving

 6  spouse or heirs of the owner.

 7         (c)  The homestead shall not be subject to devise if

 8  the owner is survived by spouse or minor child, except the

 9  homestead may be devised to the owner's spouse if there be no

10  minor child. The owner of homestead real estate, joined by the

11  spouse if married, may alienate the homestead by mortgage,

12  sale, or gift and, if married, may by deed transfer the title

13  to an estate by the entirety with the spouse. If the owner or

14  spouse is incompetent, the method of alienation or encumbrance

15  shall be as provided by law.

16         SECTION 5.  Coverture and property.--There shall be no

17  distinction between married women and married men in the

18  holding, control, disposition, or encumbering of their

19  property, both real and personal; except that dower or curtesy

20  may be established and regulated by law.

21         SECTION 4 6.  Eminent domain.--

22         (a)  No private property shall be taken except for a

23  public purpose and with full compensation therefor paid to

24  each owner or secured by deposit in the registry of the court

25  and available to the owner.

26         (b)  Provision may be made by law for the taking of

27  easements, by like proceedings, for the drainage of the land

28  of one person over or through the land of another.

29         SECTION 5 7.  Lotteries.--Lotteries, other than the

30  types of pari-mutuel pools authorized by law as of January 7,

31  


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    CS for SJR 1918                                First Engrossed



 1  1969 the effective date of this constitution, are hereby

 2  prohibited in this state.

 3         SECTION 6 8.  Census.--

 4         (a)  Each decennial census of the state taken by the

 5  United States shall be an official census of the state.

 6         (b)  Each decennial census, for the purpose of

 7  classifications based upon population, shall become effective

 8  on the thirtieth day after the final adjournment of the

 9  regular session of the legislature convened next after

10  certification of the census.

11         SECTION 7 9.  Repeal of criminal statutes.--Repeal or

12  amendment of a criminal statute shall not affect prosecution

13  or punishment for any crime previously committed.

14         SECTION 8 10.  Felony; definition.--The term "felony,"

15  as used herein and in the laws of this state, shall mean any

16  criminal offense that is punishable under the laws of this

17  state, or that would be punishable if committed in this state,

18  by death or by imprisonment in the state penitentiary.

19         SECTION 9 11.  Sovereignty lands.--The title to lands

20  under navigable waters, within the boundaries of the state,

21  which have not been alienated, including beaches below mean

22  high water lines, is held by the state, by virtue of its

23  sovereignty, in trust for all the people. Sale of such lands

24  may be authorized by law, but only when in the public

25  interest. Private use of portions of such lands may be

26  authorized by law, but only when not contrary to the public

27  interest.

28         SECTION 10 12.  Rules of construction.--Unless

29  qualified in the text, the following rules of construction

30  shall apply to this constitution.

31         (a)  "Herein" refers to the entire constitution.


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 1         (b)  The singular includes the plural.

 2         (c)  The masculine includes the feminine.

 3         (d)  "Vote of the electors" means the vote of the

 4  majority of those voting on the matter in an election, general

 5  or special, in which those participating are limited to the

 6  electors of the governmental unit referred to in the text.

 7         (e)  Vote or other action of a legislative house or

 8  other governmental body means the vote or action of a majority

 9  or other specified percentage of those members voting on the

10  matter. "Of the membership" means "of all members thereof."

11         (f)  The terms "judicial office," "justices," and

12  "judges" shall not include judges of courts established solely

13  for the trial of violations of ordinances.

14         (g)  "Special law" means a special or local law.

15         (h)  Titles and subtitles shall not be used in

16  construction.

17         SECTION 11 13.  Suits against the state.--Provision may

18  be made by general law for bringing suit against the state as

19  to all liabilities now existing or hereafter originating.

20         SECTION 12 14.  State retirement systems benefit

21  changes.--A governmental unit responsible for any retirement

22  or pension system supported in whole or in part by public

23  funds shall not, after January 1, 1977, provide any increase

24  in the benefits to the members or beneficiaries of such system

25  unless such unit has made or concurrently makes provision for

26  the funding of the increase in benefits on a sound actuarial

27  basis.

28         SECTION 13 15.  State operated lotteries.--

29         (a)  Lotteries may be operated by the state.

30         (b)  If any subsection or subsections of the amendment

31  to the Florida Constitution are held unconstitutional for


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    CS for SJR 1918                                First Engrossed



 1  containing more than one subject, this amendment shall be

 2  limited to subsection (a) above.

 3         (c)  This amendment shall be implemented as follows:

 4         (1)  Schedule--On the effective date of this amendment,

 5  The lotteries shall be known as the Florida Education

 6  Lotteries. Net proceeds derived from the lotteries shall be

 7  deposited to a state trust fund, to be designated The State

 8  Education Lotteries Trust Fund, to be appropriated by the

 9  legislature. The schedule may be amended by general law.

10         SECTION 14 16.  Limiting marine net fishing.--

11         (a)  The marine resources of the State of Florida

12  belong to all of the people of the state and should be

13  conserved and managed for the benefit of the state, its

14  people, and future generations. To this end, the people hereby

15  enact limitations on marine net fishing in Florida waters to

16  protect saltwater finfish, shellfish, and other marine animals

17  from unnecessary killing, overfishing, and waste.

18         (b)  For the purpose of catching or taking any

19  saltwater finfish, shellfish, or other marine animals in

20  Florida waters:

21         (1)  No gill nets or other entangling nets shall be

22  used in any Florida waters; and

23         (2)  In addition to the prohibition set forth in

24  paragraph (1), no other type of net containing more than 500

25  square feet of mesh area shall be used in nearshore and

26  inshore Florida waters. Additionally, no more than two such

27  nets, which shall not be connected, shall be used from any

28  vessel, and no person not on a vessel shall use more than one

29  such net in nearshore and inshore Florida waters.

30         (c)  For purposes of this section, the term:

31  


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    CS for SJR 1918                                First Engrossed



 1         (1)  "Gill net" means one or more walls of netting

 2  which captures saltwater finfish by ensnaring or entangling

 3  them in the meshes of the net by the gills, and "entangling

 4  net" means a drift net, trammell net, stab net, or any other

 5  net which captures saltwater finfish, shellfish, or other

 6  marine animals by causing all or part of heads, fins, legs, or

 7  other body parts to become entangled or ensnared in the meshes

 8  of the net, but a hand-thrown hand thrown cast net is not a

 9  gill net or an entangling net;

10         (2)  "Mesh area" of a net means the total area of

11  netting with the meshes open to comprise the maximum square

12  footage. The square footage shall be calculated using standard

13  mathematical formulas for geometric shapes. Seines and other

14  rectangular nets shall be calculated using the maximum length

15  and maximum width of the netting. Trawls and other bag type

16  nets shall be calculated as a cone using the maximum

17  circumference of the net mouth to derive the radius, and the

18  maximum length from the net mouth to the tail end of the net

19  to derive the slant height. Calculations for any other nets or

20  combination type nets shall be based on the shapes of the

21  individual components;

22         (3)  "Coastline" means the territorial sea base line

23  for the State of Florida established pursuant to the laws of

24  the United States of America;

25         (4)  "Florida waters" means the waters of the Atlantic

26  Ocean, the Gulf of Mexico, the Straits of Florida, and any

27  other bodies of water under the jurisdiction of the State of

28  Florida, whether coastal, intracoastal, or inland, and any

29  part thereof; and

30         (5)  "Nearshore and inshore Florida waters" means all

31  Florida waters inside a line three miles seaward of the


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    CS for SJR 1918                                First Engrossed



 1  coastline along the Gulf of Mexico and inside a line one mile

 2  seaward of the coastline along the Atlantic Ocean.

 3         (d)  This section shall not apply to the use of nets

 4  for scientific research or governmental purposes.

 5         (e)  Persons violating this section shall be prosecuted

 6  and punished pursuant to the penalties provided in s. section

 7  370.021(2)(a),(b),(c)6. and 7., and (e), Florida Statutes

 8  (1991), unless and until the legislature enacts more stringent

 9  penalties for violations hereof. On and after the effective

10  date of this section, Law enforcement officers in the state

11  are authorized to enforce the provisions of this section in

12  the same manner and authority as if a violation of this

13  section constituted a violation of chapter 370, Florida

14  Statutes (1991).

15         (f)  It is the intent of this section that implementing

16  legislation is not required for enforcing any violations

17  hereof, but nothing in this section prohibits the

18  establishment by law or pursuant to law of more restrictions

19  on the use of nets for the purpose of catching or taking any

20  saltwater finfish, shellfish, or other marine animals.

21         (g)  If any portion of this section is held invalid for

22  any reason, the remaining portion of this section, to the

23  fullest extent possible, shall be severed from the void

24  portion and given the fullest possible force and application.

25         (h)  This section shall take effect on the July 1 next

26  occurring after approval hereof by vote of the electors.

27         SECTION 15 17.  Everglades Trust Fund.--

28         (a)  There is hereby established the Everglades Trust

29  Fund, which shall not be subject to termination pursuant to

30  Article III, section 18(f) 19(f). The purpose of the

31  Everglades Trust Fund is to make funds available to assist in


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    CS for SJR 1918                                First Engrossed



 1  conservation and protection of natural resources and abatement

 2  of water pollution in the Everglades Protection Area and the

 3  Everglades Agricultural Area. The trust fund shall be

 4  administered by the South Florida Water Management District,

 5  or its successor agency, consistent with statutory law.

 6         (b)  The Everglades Trust Fund may receive funds from

 7  any source, including gifts from individuals, corporations, or

 8  other entities; funds from general revenue as determined by

 9  the legislature; and any other funds so designated by the

10  legislature, by the United States Congress, or by any other

11  governmental entity.

12         (c)  Funds deposited to the Everglades Trust Fund shall

13  be expended for purposes of conservation and protection of

14  natural resources and abatement of water pollution in the

15  Everglades Protection Area and Everglades Agricultural Area.

16         (d)  For purposes of this section subsection, the terms

17  "Everglades Protection Area," "Everglades Agricultural Area,"

18  and "South Florida Water Management District" shall have the

19  meanings as defined in statutes in effect on January 1, 1996.

20         SECTION 16 18.  Disposition of conservation lands.--The

21  fee interest in real property held by an entity of the state

22  and designated for natural resources conservation purposes as

23  provided by general law shall be managed for the benefit of

24  the citizens of this state and may be disposed of only if the

25  members of the governing board of the entity holding title

26  determine the property is no longer needed for conservation

27  purposes and only upon a vote of two-thirds of the governing

28  board.

29         SECTION 19.  High speed ground transportation

30  system.--To reduce traffic congestion and provide alternatives

31  to the traveling public, it is hereby declared to be in the


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    CS for SJR 1918                                First Engrossed



 1  public interest that a high speed ground transportation system

 2  consisting of a monorail, fixed guideway or magnetic

 3  levitation system, capable of speeds in excess of 120 miles

 4  per hour, be developed and operated in the State of Florida to

 5  provide high speed ground transportation by innovative,

 6  efficient and effective technologies consisting of dedicated

 7  rails or guideways separated from motor vehicular traffic that

 8  will link the five largest urban areas of the State as

 9  determined by the Legislature and provide for access to

10  existing air and ground transportation facilities and

11  services. The Legislature, the Cabinet and the Governor are

12  hereby directed to proceed with the development of such a

13  system by the State and/or by a private entity pursuant to

14  state approval and authorization, including the acquisition of

15  right-of-way, the financing of design and construction of the

16  system, and the operation of the system, as provided by

17  specific appropriation and by law, with construction to begin

18  on or before November 1, 2003.

19         SECTION 17 20.  Workplaces without tobacco smoke.--

20         (a)  PROHIBITION.--As a Florida health initiative to

21  protect people from the health hazards of second-hand tobacco

22  smoke, tobacco smoking is prohibited in enclosed indoor

23  workplaces.

24         (b)  EXCEPTIONS.--As further explained in the

25  definitions below, tobacco smoking may be permitted in private

26  residences whenever they are not being used commercially to

27  provide child care, adult care, or health care, or any

28  combination thereof; and further may be permitted in retail

29  tobacco shops, designated smoking guest rooms at hotels and

30  other public lodging establishments; and stand-alone bars.

31  However, nothing in this section or in its implementing


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    CS for SJR 1918                                First Engrossed



 1  legislation or regulations shall prohibit the owner, lessee,

 2  or other person in control of the use of an enclosed indoor

 3  workplace from further prohibiting or limiting smoking

 4  therein.

 5         (c)  DEFINITIONS.--For purposes of this section, the

 6  following words and terms shall have the stated meanings:

 7         (1)  "Smoking" means inhaling, exhaling, burning,

 8  carrying, or possessing any lighted tobacco product, including

 9  cigarettes, cigars, pipe tobacco, and any other lighted

10  tobacco product.

11         (2)  "Second-hand smoke," also known as environmental

12  tobacco smoke (ETS), means smoke emitted from lighted,

13  smoldering, or burning tobacco when the smoker is not

14  inhaling; smoke emitted at the mouthpiece during puff drawing;

15  and smoke exhaled by the smoker.

16         (3)  "Work" means any person's providing any employment

17  or employment-type service for or at the request of another

18  individual or individuals or any public or private entity,

19  whether for compensation or not, whether full or part-time,

20  whether legally or not. "Work" includes, without limitation,

21  any such service performed by an employee, independent

22  contractor, agent, partner, proprietor, manager, officer,

23  director, apprentice, trainee, associate, servant, volunteer,

24  and the like.

25         (4)  "Enclosed indoor workplace" means any place where

26  one or more persons engages in work, and which place is

27  predominantly or totally bounded on all sides and above by

28  physical barriers, regardless of whether such barriers consist

29  of or include uncovered openings, screened or otherwise

30  partially covered openings; or open or closed windows,

31  jalousies, doors, or the like. This section applies to all


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    CS for SJR 1918                                First Engrossed



 1  such enclosed indoor workplaces without regard to whether work

 2  is occurring at any given time.

 3         (5)  "Commercial" use of a private residence means any

 4  time during which the owner, lessee, or other person occupying

 5  or controlling the use of the private residence is furnishing

 6  in the private residence, or causing or allowing to be

 7  furnished in the private residence, child care, adult care, or

 8  health care, or any combination thereof, and receiving or

 9  expecting to receive compensation therefor.

10         (6)  "Retail tobacco shop" means any enclosed indoor

11  workplace dedicated to or predominantly for the retail sale of

12  tobacco, tobacco products, and accessories for such products,

13  in which the sale of other products or services is merely

14  incidental.

15         (7)  "Designated smoking guest rooms at public lodging

16  establishments" means the sleeping rooms and directly

17  associated private areas, such as bathrooms, living rooms, and

18  kitchen areas, if any, rented to guests for their exclusive

19  transient occupancy in public lodging establishments including

20  hotels, motels, resort condominiums, transient apartments,

21  transient lodging establishments, rooming houses, boarding

22  houses, resort dwellings, bed and breakfast inns, and the

23  like; and designated by the person or persons having

24  management authority over such public lodging establishment as

25  rooms in which smoking may be permitted.

26         (8)  "Stand-alone bar" means any place of business

27  devoted during any time of operation predominantly or totally

28  to serving alcoholic beverages, intoxicating beverages, or

29  intoxicating liquors, or any combination thereof, for

30  consumption on the licensed premises; in which the serving of

31  food, if any, is merely incidental to the consumption of any


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    CS for SJR 1918                                First Engrossed



 1  such beverage; and that is not located within, and does not

 2  share any common entryway or common indoor area with, any

 3  other enclosed indoor workplace including any business for

 4  which the sale of food or any other product or service is more

 5  than an incidental source of gross revenue.

 6         (d)  LEGISLATION.--In the next regular legislative

 7  session occurring after voter approval of this amendment, The

 8  Florida legislature shall adopt legislation to implement this

 9  amendment in a manner consistent with its broad purpose and

10  stated terms, and having an effective date no later than July

11  1 of the year following voter approval. Such legislation shall

12  include, without limitation, civil penalties for violations of

13  this section; provisions for administrative enforcement; and

14  the requirement and authorization of agency rules for

15  implementation and enforcement. Nothing herein shall preclude

16  the legislature from enacting any law constituting or allowing

17  a more restrictive regulation of tobacco smoking than is

18  provided in this section.

19         SECTION 21.  Limiting cruel and inhumane confinement of

20  pigs during pregnancy.--Inhumane treatment of animals is a

21  concern of Florida citizens. To prevent cruelty to certain

22  animals and as recommended by The Humane Society of the United

23  States, the people of the State of Florida hereby limit the

24  cruel and inhumane confinement of pigs during pregnancy as

25  provided herein.

26         (a)  It shall be unlawful for any person to confine a

27  pig during pregnancy in an enclosure, or to tether a pig

28  during pregnancy, on a farm in such a way that she is

29  prevented from turning around freely.

30         (b)  This section shall not apply:

31  


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    CS for SJR 1918                                First Engrossed



 1         (1)  When a pig is undergoing an examination, test,

 2  treatment or operation carried out for veterinary purposes,

 3  provided the period during which the animal is confined or

 4  tethered is not longer than reasonably necessary.

 5         (2)  During the prebirthing period.

 6         (c)  For purposes of this section:

 7         (1)  "Enclosure" means any cage, crate or other

 8  enclosure in which a pig is kept for all or the majority of

 9  any day, including what is commonly described as the

10  "gestation crate."

11         (2)  "Farm" means the land, buildings, support

12  facilities, and other appurtenances used in the production of

13  animals for food or fiber.

14         (3)  "Person" means any natural person, corporation

15  and/or business entity.

16         (4)  "Pig" means any animal of the porcine species.

17         (5)  "Turning around freely" means turning around

18  without having to touch any side of the pig's enclosure.

19         (6)  "Prebirthing period" means the seven day period

20  prior to a pig's expected date of giving birth.

21         (d)  A person who violates this section shall be guilty

22  of a misdemeanor of the first degree, punishable as provided

23  in s. 775.082(4)(a), Florida Statutes (1999), as amended, or

24  by a fine of not more than $5000, or by both imprisonment and

25  a fine, unless and until the legislature enacts more stringent

26  penalties for violations hereof. On and after the effective

27  date of this section, law enforcement officers in the state

28  are authorized to enforce the provisions of this section in

29  the same manner and authority as if a violation of this

30  section constituted a violation of Section 828.13, Florida

31  Statutes (1999). The confinement or tethering of each pig


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    CS for SJR 1918                                First Engrossed



 1  shall constitute a separate offense. The knowledge or acts of

 2  agents and employees of a person in regard to a pig owned,

 3  farmed or in the custody of a person, shall be held to be the

 4  knowledge or act of such person.

 5         (e)  It is the intent of this section that implementing

 6  legislation is not required for enforcing any violations

 7  hereof.

 8         (f)  If any portion of this section is held invalid for

 9  any reason, the remaining portion of this section, to the

10  fullest extent possible, shall be severed from the void

11  portion and given the fullest possible force and application.

12         (g)  This section shall take effect six years after

13  approval by the electors.

14         SECTION 18 22.  Parental notice of termination of a

15  minor's pregnancy.--The legislature shall not limit or deny

16  the privacy right guaranteed to a minor under the United

17  States Constitution as interpreted by the United States

18  Supreme Court. Notwithstanding a minor's right of privacy

19  provided in Article I, section 23 of Article I, the

20  legislature is authorized to require by general law for

21  notification to a parent or guardian of a minor before the

22  termination of the minor's pregnancy. The legislature shall

23  provide exceptions to such requirement for notification and

24  shall create a process for judicial waiver of the

25  notification.

26         SECTION 19 23.  Slot machines.--

27         (a)  After voter approval of this constitutional

28  amendment, The governing bodies of Miami-Dade and Broward

29  Counties each may hold a countywide county-wide referendum in

30  their respective counties on whether to authorize slot

31  machines within existing, licensed pari-mutuel parimutuel


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    CS for SJR 1918                                First Engrossed



 1  facilities (thoroughbred and harness racing, greyhound racing,

 2  and jai-alai) that have conducted live racing or games in that

 3  county during each of the last two calendar years 2002 and

 4  2003 before the effective date of this amendment. If the

 5  voters of such county approve the referendum question by

 6  majority vote, slot machines shall be authorized in such

 7  parimutuel facilities. If the voters of such county by

 8  majority vote disapprove the referendum question, slot

 9  machines shall not be so authorized, and the question shall

10  not be presented in another referendum in that county for at

11  least two years.

12         (b)  In the next regular Legislative session occurring

13  after voter approval of this constitutional amendment, The

14  legislature shall adopt legislation implementing this section

15  and having an effective date no later than July 1 of the year

16  following voter approval of this amendment. Such legislation

17  shall authorize agency rules for implementation, and may

18  include provisions for the licensure and regulation of slot

19  machines. The legislature may tax slot machine revenues, and

20  any such taxes must supplement public education funding

21  statewide.

22         (c)  If any part of this section is held invalid for

23  any reason, the remaining portion or portions shall be severed

24  from the invalid portion and given the fullest possible force

25  and effect.

26         (d)  This amendment shall become effective when

27  approved by vote of the electors of the state.

28         SECTION 20 24.  Florida minimum wage.--

29         (a)  PUBLIC POLICY.  All working Floridians are

30  entitled to be paid a minimum wage that is sufficient to

31  provide a decent and healthy life for them and their families,


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    CS for SJR 1918                                First Engrossed



 1  that protects their employers from unfair low-wage

 2  competition, and that does not force them to rely on

 3  taxpayer-funded public services in order to avoid economic

 4  hardship.

 5         (b)  DEFINITIONS.  As used in this amendment, the terms

 6  "Employer," "Employee" and "Wage" shall have the meanings

 7  established under the federal Fair Labor Standards Act (FLSA)

 8  and its implementing regulations.

 9         (c)  MINIMUM WAGE.  Employers shall pay Employees Wages

10  no less than the Minimum Wage for all hours worked in Florida.

11  Six months after enactment, the Minimum Wage shall be

12  established at an hourly rate of $6.15. On September 30th of

13  that year and on each following September 30th, the state

14  Agency for Workforce Innovation shall calculate an adjusted

15  Minimum Wage rate by increasing the current Minimum Wage rate

16  by the rate of inflation during the twelve months prior to

17  each September 1st using the consumer price index for urban

18  wage earners and clerical workers, CPI-W, or a successor index

19  as calculated by the United States Department of Labor. Each

20  adjusted Minimum Wage rate calculated shall be published and

21  take effect on the following January 1st. For tipped Employees

22  meeting eligibility requirements for the tip credit under the

23  FLSA, Employers may credit towards satisfaction of the Minimum

24  Wage tips up to the amount of the allowable FLSA tip credit in

25  2003.

26         (d)  RETALIATION PROHIBITED.  It shall be unlawful for

27  an Employer or any other party to discriminate in any manner

28  or take adverse action against any person in retaliation for

29  exercising rights protected under this amendment. Rights

30  protected under this amendment include, but are not limited

31  to, the right to file a complaint or inform any person about


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    CS for SJR 1918                                First Engrossed



 1  any party's alleged noncompliance with this amendment, and the

 2  right to inform any person of his or her potential rights

 3  under this amendment and to assist him or her in asserting

 4  such rights.

 5         (e)  ENFORCEMENT.  Persons aggrieved by a violation of

 6  this amendment may bring a civil action in a court of

 7  competent jurisdiction against an Employer or person violating

 8  this amendment and, upon prevailing, shall recover the full

 9  amount of any back wages unlawfully withheld plus the same

10  amount as liquidated damages, and shall be awarded reasonable

11  attorney's fees and costs. In addition, they shall be entitled

12  to such legal or equitable relief as may be appropriate to

13  remedy the violation including, without limitation,

14  reinstatement in employment and/or injunctive relief. Any

15  Employer or other person found liable for willfully violating

16  this amendment shall also be subject to a fine payable to the

17  state in the amount of $1000.00 for each violation. The state

18  attorney general or other official designated by the state

19  legislature may also bring a civil action to enforce this

20  amendment. Actions to enforce this amendment shall be subject

21  to a statute of limitations of four years or, in the case of

22  willful violations, five years. Such actions may be brought as

23  a class action pursuant to Rule 1.220 of the Florida Rules of

24  Civil Procedure.

25         (f)  ADDITIONAL LEGISLATION, IMPLEMENTATION AND

26  CONSTRUCTION.  Implementing legislation is not required in

27  order to enforce this amendment. The state legislature may by

28  statute establish additional remedies or fines for violations

29  of this amendment, raise the applicable Minimum Wage rate,

30  reduce the tip credit, or extend coverage of the Minimum Wage

31  to employers or employees not covered by this amendment. The


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    CS for SJR 1918                                First Engrossed



 1  state legislature may by statute or the state Agency for

 2  Workforce Innovation may by regulation adopt any measures

 3  appropriate for the implementation of this amendment. This

 4  amendment provides for payment of a minimum wage and shall not

 5  be construed to preempt or otherwise limit the authority of

 6  the state legislature or any other public body to adopt or

 7  enforce any other law, regulation, requirement, policy or

 8  standard that provides for payment of higher or supplemental

 9  wages or benefits, or that extends such protections to

10  employers or employees not covered by this amendment. It is

11  intended that case law, administrative interpretations, and

12  other guiding standards developed under the federal FLSA shall

13  guide the construction of this amendment and any implementing

14  statutes or regulations.

15         (g)  SEVERABILITY.  If any part of this amendment, or

16  the application of this amendment to any person or

17  circumstance, is held invalid, the remainder of this

18  amendment, including the application of such part to other

19  persons or circumstances, shall not be affected by such a

20  holding and shall continue in full force and effect. To this

21  end, the parts of this amendment are severable.

22         SECTION 25.  Patients' right to know about adverse

23  medical incidents.--

24         (a)  In addition to any other similar rights provided

25  herein or by general law, patients have a right to have access

26  to any records made or received in the course of business by a

27  health care facility or provider relating to any adverse

28  medical incident.

29         (b)  In providing such access, the identity of patients

30  involved in the incidents shall not be disclosed, and any

31  


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    CS for SJR 1918                                First Engrossed



 1  privacy restrictions imposed by federal law shall be

 2  maintained.

 3         (c)  For purposes of this section, the following terms

 4  have the following meanings:

 5         (1)  The phrases "health care facility" and "health

 6  care provider" have the meaning given in general law related

 7  to a patient's rights and responsibilities.

 8         (2)  The term "patient" means an individual who has

 9  sought, is seeking, is undergoing, or has undergone care or

10  treatment in a health care facility or by a health care

11  provider.

12         (3)  The phrase "adverse medical incident" means

13  medical negligence, intentional misconduct, and any other act,

14  neglect, or default of a health care facility or health care

15  provider that caused or could have caused injury to or death

16  of a patient, including, but not limited to, those incidents

17  that are required by state or federal law to be reported to

18  any governmental agency or body, and incidents that are

19  reported to or reviewed by any health care facility peer

20  review, risk management, quality assurance, credentials, or

21  similar committee, or any representative of any such

22  committees.

23         (4)  The phrase "have access to any records" means, in

24  addition to any other procedure for producing such records

25  provided by general law, making the records available for

26  inspection and copying upon formal or informal request by the

27  patient or a representative of the patient, provided that

28  current records which have been made publicly available by

29  publication or on the Internet may be "provided" by reference

30  to the location at which the records are publicly available.

31  


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    CS for SJR 1918                                First Engrossed



 1         SECTION 26.  Prohibition of medical license after

 2  repeated medical malpractice.--

 3         (a)  No person who has been found to have committed

 4  three or more incidents of medical malpractice shall be

 5  licensed or continue to be licensed by the State of Florida to

 6  provide health care services as a medical doctor.

 7         (b)  For purposes of this section, the following terms

 8  have the following meanings:

 9         (1)  The phrase "medical malpractice" means both the

10  failure to practice medicine in Florida with that level of

11  care, skill, and treatment recognized in general law related

12  to health care providers' licensure, and any similar wrongful

13  act, neglect, or default in other states or countries which,

14  if committed in Florida, would have been considered medical

15  malpractice.

16         (2)  The phrase "found to have committed" means that

17  the malpractice has been found in a final judgment of a court

18  of law, final administrative agency decision, or decision of

19  binding arbitration.

20  

21                            ARTICLE XI

22                            AMENDMENTS

23  

24         SECTION 1.  Proposal by legislature.--Amendment of a

25  section or revision of one or more articles, or the whole, of

26  this constitution may be proposed by joint resolution agreed

27  to by three-fifths of the membership of each house of the

28  legislature. The full text of the joint resolution and the

29  vote of each member voting shall be entered on the journal of

30  each house.

31         SECTION 2.  Revision commission.--


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    CS for SJR 1918                                First Engrossed



 1         (a)  Within thirty days before the convening of the

 2  2017 regular session of the legislature, and each twentieth

 3  year thereafter, there shall be established a constitution

 4  revision commission composed of the following thirty-seven

 5  members:

 6         (1)  The attorney general of the state;

 7         (2)  Fifteen members selected by the governor;

 8         (3)  Nine members selected by the speaker of the house

 9  of representatives and nine members selected by the president

10  of the senate; and

11         (4)  Three members selected by the Chief Justice of the

12  Supreme Court of Florida with the advice of the justices.

13         (b)  The governor shall designate one member of the

14  commission as its chair. Vacancies in the membership of the

15  commission shall be filled in the same manner as the original

16  appointments.

17         (c)  Each constitution revision commission shall

18  convene at the call of its chair, adopt its rules of

19  procedure, examine the constitution of the state, hold public

20  hearings, and, not later than one hundred eighty days prior to

21  the next general election, file with the custodian of state

22  records its proposal, if any, of a revision of this

23  constitution or any part of it.

24         SECTION 3.  Initiative.--The power to propose the

25  revision or amendment of any portion or portions of this

26  constitution by initiative is reserved to the people, provided

27  that, any such revision or amendment, except for those

28  limiting the power of government to raise revenue, shall

29  embrace but one subject and matter directly connected

30  therewith. It may be invoked by filing with the custodian of

31  state records a petition containing a copy of the proposed


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    CS for SJR 1918                                First Engrossed



 1  revision or amendment, signed by a number of electors in each

 2  of one half of the congressional districts of the state, and

 3  of the state as a whole, equal to eight percent of the votes

 4  cast in each of such districts respectively and in the state

 5  as a whole in the last preceding election in which

 6  presidential electors were chosen.

 7         SECTION 4.  Constitutional convention.--

 8         (a)  The power to call a convention to consider a

 9  revision of the entire constitution is reserved to the people.

10  It may be invoked by filing with the custodian of state

11  records a petition, containing a declaration that a

12  constitutional convention is desired, signed by a number of

13  electors in each of one half of the congressional districts of

14  the state, and of the state as a whole, equal to fifteen

15  percent per cent  of the votes cast in each such district

16  respectively and in the state as a whole in the last preceding

17  election of presidential electors.

18         (b)  At the next general election held more than ninety

19  days after the filing of such petition, there shall be

20  submitted to the electors of the state the question: "Shall a

21  constitutional convention be held?" If a majority voting on

22  the question votes in the affirmative, at the next succeeding

23  general election there shall be elected from each

24  representative district a member of a constitutional

25  convention. On the twenty-first day following that election,

26  the convention shall sit at the capital, elect officers, adopt

27  rules of procedure, judge the election of its membership, and

28  fix a time and place for its future meetings. Not later than

29  ninety days before the next succeeding general election, the

30  convention shall cause to be filed with the custodian of state

31  records any revision of this constitution proposed by it.


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    CS for SJR 1918                                First Engrossed



 1         SECTION 5.  Amendment or revision election.--

 2         (a)  A proposed amendment to or revision of this

 3  constitution, or any part of it, shall be submitted to the

 4  electors at the next general election held more than ninety

 5  days after the joint resolution or report of revision

 6  commission, constitutional convention, or taxation and budget

 7  reform commission proposing it is filed with the custodian of

 8  state records, unless, pursuant to law enacted by the

 9  affirmative vote of three-fourths of the membership of each

10  house of the legislature and limited to a single amendment or

11  revision, it is submitted at an earlier special election held

12  more than ninety days after such filing.

13         (b)  A proposed amendment or revision of this

14  constitution, or any part of it, by initiative shall be

15  submitted to the electors at the general election provided the

16  initiative petition is filed with the custodian of state

17  records no later than February 1 of the year in which the

18  general election is held.

19         (c)  The legislature shall provide by general law,

20  prior to the holding of an election pursuant to this section,

21  for the provision of a statement to the public regarding the

22  probable financial impact of any amendment proposed by

23  initiative pursuant to section 3.

24         (d)  Once in the tenth week, and once in the sixth week

25  immediately preceding the week in which the election is held,

26  the proposed amendment or revision, with notice of the date of

27  election at which it will be submitted to the electors, shall

28  be published in one newspaper of general circulation in each

29  county in which a newspaper is published.

30         (e)  If the proposed amendment or revision is approved

31  by vote of the electors, it shall be effective as an amendment


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    CS for SJR 1918                                First Engrossed



 1  to or revision of the constitution of the state on the first

 2  Tuesday after the first Monday in January following the

 3  election, or on such other date as may be specified in the

 4  amendment or revision.

 5         SECTION 6.  Taxation and budget reform commission.--

 6         (a)  Beginning in 2007 and each twentieth year

 7  thereafter, there shall be established a taxation and budget

 8  reform commission composed of the following members:

 9         (1)  Eleven members selected by the governor, none of

10  whom shall be a member of the legislature at the time of

11  appointment.

12         (2)  Seven members selected by the speaker of the house

13  of representatives and seven members selected by the president

14  of the senate, none of whom shall be a member of the

15  legislature at the time of appointment.

16         (3)  Four nonvoting non-voting ex officio members, all

17  of whom shall be members of the legislature at the time of

18  appointment. Two of these members, one of whom shall be a

19  member of the minority party in the house of representatives,

20  shall be selected by the speaker of the house of

21  representatives, and two of these members, one of whom shall

22  be a member of the minority party in the senate, shall be

23  selected by the president of the senate.

24         (b)  Vacancies in the membership of the commission

25  shall be filled in the same manner as the original

26  appointments.

27         (c)  At its initial meeting, the members of the

28  commission shall elect a member who is not a member of the

29  legislature to serve as chair and the commission shall adopt

30  its rules of procedure. Thereafter, the commission shall

31  convene at the call of the chair. An affirmative vote of two


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    CS for SJR 1918                                First Engrossed



 1  thirds of the full commission shall be necessary for any

 2  revision of this constitution or any part of it to be proposed

 3  by the commission.

 4         (d)  The commission shall examine the state budgetary

 5  process, the revenue needs and expenditure processes of the

 6  state, the appropriateness of the tax structure of the state,

 7  and governmental productivity and efficiency; review policy as

 8  it relates to the ability of state and local government to tax

 9  and adequately fund governmental operations and capital

10  facilities required to meet the state's needs during the next

11  twenty year period; determine methods favored by the citizens

12  of the state to fund the needs of the state, including

13  alternative methods for raising sufficient revenues for the

14  needs of the state; determine measures that could be

15  instituted to effectively gather funds from existing tax

16  sources; examine constitutional limitations on taxation and

17  expenditures at the state and local level; and review the

18  state's comprehensive planning, budgeting, and needs

19  assessment processes to determine whether the resulting

20  information adequately supports a strategic decisionmaking

21  process.

22         (e)  The commission shall hold public hearings as it

23  deems necessary to carry out its responsibilities under this

24  section. The commission shall issue a report of the results of

25  the review carried out, and propose to the legislature any

26  recommended statutory changes related to the taxation or

27  budgetary laws of the state. Not later than one hundred eighty

28  days prior to the next general election in the second year

29  following the year in which the commission is established, the

30  commission shall file with the custodian of state records its

31  proposal, if any, of a revision of this constitution or any


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    CS for SJR 1918                                First Engrossed



 1  part of it dealing with taxation or the state budgetary

 2  process.

 3         SECTION 7.  Tax or fee limitation.--Notwithstanding

 4  Article X, section 10(d) 12(d) of this constitution, no new

 5  state tax or fee shall be imposed on or after November 8,

 6  1994, by any amendment to this constitution unless the

 7  proposed amendment is approved by not fewer than two-thirds of

 8  the voters voting in the election in which such proposed

 9  amendment is considered. For purposes of this section, the

10  phrase "new state tax or fee" shall mean any tax or fee that

11  which would produce revenue subject to lump sum or other

12  appropriation by the legislature, either for the state general

13  revenue fund or any trust fund, which tax or fee is not in

14  effect on November 7, 1994, including without limitation such

15  taxes and fees as are the subject of proposed constitutional

16  amendments appearing on the ballot on November 8, 1994. This

17  section shall apply to proposed constitutional amendments

18  relating to state taxes or fees that which appear on the

19  November 8, 1994, ballot, or later ballots, and any such

20  proposed amendment that which fails to gain the two-thirds

21  vote required hereby shall be null, void, and without effect.

22  

23                           ARTICLE XII

24                             SCHEDULE

25         SECTION 1.  Constitution of 1885 superseded.--Articles

26  I through IV, VII, and IX through XX of the Constitution of

27  Florida adopted in 1885, as amended from time to time, are

28  superseded by this revision except those sections expressly

29  retained and made a part of this revision by reference.

30         SECTION 2.  Property taxes; millages.--Tax millages

31  authorized in counties, municipalities, and special districts,


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    CS for SJR 1918                                First Engrossed



 1  on the date this revision becomes effective, may be continued

 2  until reduced by law.

 3         SECTION 3.  Officers to continue in office.--Every

 4  person holding office when this revision becomes effective

 5  shall continue in office for the remainder of the term if that

 6  office is not abolished. If the office is abolished the

 7  incumbent shall be paid adequate compensation, to be fixed by

 8  law, for the loss of emoluments for the remainder of the term.

 9         SECTION 4.  State commissioner of education.--The state

10  superintendent of public instruction in office on the

11  effective date of this revision shall become and, for the

12  remainder of the term being served, shall be the commissioner

13  of education.

14         SECTION 3 5.  Superintendent of schools.--

15         (a)  On the effective date of this revision the county

16  superintendent of public instruction of each county shall

17  become and, for the remainder of the term being served, shall

18  be the superintendent of schools of that district.

19         (b)  The method of selection of the county

20  superintendent of public instruction of each county, as

21  provided by or under the constitution of 1885, as amended,

22  shall apply to the selection of the district superintendent of

23  schools until changed as herein provided.

24         SECTION 4 6.  Laws preserved.--

25         (a)  All laws in effect upon the adoption of this

26  revision, to the extent not inconsistent with it, shall remain

27  in force until they expire by their terms or are repealed.

28         (b)  All statutes that which, under the constitution of

29  1885, as amended, apply to the state superintendent of public

30  instruction and those that which apply to the county

31  superintendent of public instruction shall under this revision


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    CS for SJR 1918                                First Engrossed



 1  apply, respectively, to the state commissioner of education

 2  and the district superintendent of schools.

 3         SECTION 5 7.  Rights reserved.--

 4         (a)  All actions, rights of action, claims, contracts,

 5  and obligations of individuals, corporations, and public

 6  bodies or agencies existing on the date this revision becomes

 7  effective shall continue to be valid as if this revision had

 8  not been adopted. All taxes, penalties, fines and forfeitures

 9  owing to the state under the constitution of 1885, as amended,

10  shall inure to the state under this revision, and all

11  sentences as punishment for crime shall be executed according

12  to their terms.

13         (b)  This revision shall not be retroactive so as to

14  create any right or liability that which did not exist under

15  the constitution of 1885, as amended, based upon matters

16  occurring prior to the adoption of this revision.

17         SECTION 6 8.  Public debts recognized.--All bonds,

18  revenue certificates, revenue bonds, and tax anticipation

19  certificates issued pursuant to the constitution of 1885, as

20  amended by the state, any agency, political subdivision, or

21  public corporation of the state shall remain in full force and

22  effect and shall be secured by the same sources of revenue as

23  before the adoption of this revision, and, to the extent

24  necessary to effectuate this section, the applicable

25  provisions of the constitution of 1885, as amended, are

26  retained as a part of this revision until payment in full of

27  these public securities.

28         SECTION 7 9.  Bonds.--

29         (a)  ADDITIONAL SECURITIES.--

30         (1)  Article IX, section 17, of the constitution of

31  1885, as amended, as it existed immediately before this


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    CS for SJR 1918                                First Engrossed



 1  Constitution, as revised in 1968, became effective, is adopted

 2  by this reference as a part of this revision as completely as

 3  though incorporated herein verbatim, except revenue bonds,

 4  revenue certificates, or other evidences of indebtedness

 5  hereafter issued thereunder may be issued by the agency of the

 6  state so authorized by law.

 7         (2)a.  That portion of Article XII, section 7(a), 9,

 8  Subsection (a) of this Constitution, as amended, which by

 9  reference adopted Article XII, section 19, of the constitution

10  of 1885, as amended, as the same existed immediately before

11  the effective date of this amendment is adopted by this

12  reference as part of this revision as completely as though

13  incorporated herein verbatim, for the purpose of providing

14  that after the effective date of this amendment all of the

15  proceeds of the revenues derived from the gross receipts

16  taxes, as therein defined, collected in each year shall be

17  applied as provided therein to the extent necessary to comply

18  with all obligations to or for the benefit of holders of bonds

19  or certificates issued before the effective date of this

20  amendment or any refundings thereof that which are secured by

21  such gross receipts taxes. No bonds or other obligations may

22  be issued pursuant to the provisions of Article XII, section

23  19, of the constitution of 1885, as amended, but this

24  provision shall not be construed to prevent the refunding of

25  any such outstanding bonds or obligations pursuant to the

26  provisions of this paragraph subsection (a)(2).

27         b.  Subject to the requirements of subparagraph a. the

28  first paragraph of this  subsection (a)(2), beginning July 1,

29  1975, all of the proceeds of the revenues derived from the

30  gross receipts taxes collected from every person, including

31  municipalities, as provided and levied pursuant to the


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    CS for SJR 1918                                First Engrossed



 1  provisions of chapter 203, Florida Statutes, as such chapter

 2  is amended from time to time, shall, as collected, be placed

 3  in a trust fund to be known as the "public education capital

 4  outlay and debt service trust fund" in the state treasury

 5  (hereinafter referred to as "capital outlay fund"), and used

 6  only as provided herein.

 7         c.  The capital outlay fund shall be administered by

 8  the state board of education as created and constituted by

 9  Article IX, section 2, of Article IX of this the constitution

10  of Florida as revised in 1968 (hereinafter referred to as

11  "state board"), or by such other instrumentality of the state

12  that which shall hereafter succeed by law to the powers,

13  duties, and functions of the state board, including the

14  powers, duties, and functions of the state board provided in

15  this paragraph subsection (a)(2). The state board shall be a

16  body corporate and shall have all the powers provided herein

17  in addition to all other constitutional and statutory powers

18  related to the purposes of this paragraph subsection (a)(2)

19  heretofore or hereafter conferred by law upon the state board,

20  or its predecessor created by the constitution of 1885, as

21  amended.

22         d.  State bonds pledging the full faith and credit of

23  the state may be issued, without a vote of the electors, by

24  the state board pursuant to law to finance or refinance

25  capital projects theretofore authorized by the legislature,

26  and any purposes appurtenant or incidental thereto, for the

27  state system of public education provided for in Article IX,

28  section 1, of Article IX of this constitution (hereinafter

29  referred to as "state system"), including but not limited to

30  institutions of higher learning, community colleges,

31  vocational technical schools, or public schools, as now


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    CS for SJR 1918                                First Engrossed



 1  defined or as may hereafter be defined by law. All such bonds

 2  shall mature not later than thirty years after the date of

 3  issuance thereof. All other details of such bonds shall be as

 4  provided by law or by the proceedings authorizing such bonds;

 5  provided, however, that no bonds, except refunding bonds,

 6  shall be issued, and no proceeds shall be expended for the

 7  cost of any capital project, unless such project has been

 8  authorized by the legislature.

 9         e.  Bonds issued pursuant to this paragraph subsection

10  (a)(2) shall be primarily payable from such revenues derived

11  from gross receipts taxes, and shall be additionally secured

12  by the full faith and credit of the state. No such bonds shall

13  ever be issued in an amount exceeding ninety percent of the

14  amount that which the state board determines can be serviced

15  by the revenues derived from the gross receipts taxes accruing

16  thereafter under the provisions of this paragraph subsection

17  (a)(2), and such determination shall be conclusive.

18         f.  The moneys in the capital outlay fund in each

19  fiscal year shall be used only for the following purposes and

20  in the following order of priority:

21         1.a.  For the payment of the principal of and interest

22  on any bonds due in such fiscal year;

23         2.b.  For the deposit into any reserve funds provided

24  for in the proceedings authorizing the issuance of bonds of

25  any amounts required to be deposited in such reserve funds in

26  such fiscal year;

27         3.c.  For direct payment of the cost or any part of the

28  cost of any capital project for the state system theretofore

29  authorized by the legislature, or for the purchase or

30  redemption of outstanding bonds in accordance with the

31  provisions of the proceedings that which authorized the


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    CS for SJR 1918                                First Engrossed



 1  issuance of such bonds, or for the purpose of maintaining,

 2  restoring, or repairing existing public educational

 3  facilities.

 4         (b)  REFUNDING BONDS.--Revenue bonds to finance the

 5  cost of state capital projects issued prior to the date this

 6  revision becomes effective, including projects of the Florida

 7  state turnpike authority or its successor but excluding all

 8  portions of the state highway system, may be refunded as

 9  provided by law without vote of the electors at a lower net

10  average interest cost rate by the issuance of bonds maturing

11  not later than the obligations refunded, secured by the same

12  revenues only.

13         (c)  MOTOR VEHICLE FUEL TAXES.--

14         (1)  A state tax, designated "second gas tax," of two

15  cents per gallon upon gasoline and other like products of

16  petroleum and an equivalent tax upon other sources of energy

17  used to propel motor vehicles as levied by Article IX, section

18  16, of the constitution of 1885, as amended, is hereby

19  continued. The proceeds of said tax shall be placed monthly in

20  the state roads distribution fund in the state treasury.

21         (2)  Article IX, section 16, of the constitution of

22  1885, as amended, is adopted by this reference as a part of

23  this revision as completely as though incorporated herein

24  verbatim for the purpose of providing that after the effective

25  date of this revision the proceeds of the "second gas tax" as

26  referred to therein shall be allocated among the several

27  counties in accordance with the formula stated therein to the

28  extent necessary to comply with all obligations to or for the

29  benefit of holders of bonds, revenue certificates, and tax

30  anticipation certificates or any refundings thereof secured by

31  any portion of the "second gas tax."


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    CS for SJR 1918                                First Engrossed



 1         (3)  No funds anticipated to be allocated under the

 2  formula stated in Article IX, section 16, of the constitution

 3  of 1885, as amended, shall be pledged as security for any

 4  obligation hereafter issued or entered into, except that any

 5  outstanding obligations previously issued pledging revenues

 6  allocated under said Article IX, section 16, may be refunded

 7  at a lower average net interest cost rate by the issuance of

 8  refunding bonds, maturing not later than the obligations

 9  refunded, secured by the same revenues and any other security

10  authorized in paragraph (5) of this subsection.

11         (4)  Subject to the requirements of paragraph (2) of

12  this subsection and after payment of administrative expenses,

13  the "second gas tax" shall be allocated to the account of each

14  of the several counties in the amounts to be determined as

15  follows: There shall be an initial allocation of one-fourth in

16  the ratio of county area to state area, one-fourth in the

17  ratio of the total county population to the total population

18  of the state in accordance with the latest available federal

19  census, and one-half in the ratio of the total "second gas

20  tax" collected on retail sales or use in each county to the

21  total collected in all counties of the state during the

22  previous fiscal year. If the annual debt service requirements

23  of any obligations issued for any county, including any

24  deficiencies for prior years, secured under paragraph (2) of

25  this subsection, exceeds the amount that which would be

26  allocated to that county under the formula set out in this

27  paragraph, the amounts allocated to other counties shall be

28  reduced proportionately.

29         (5)  Funds allocated under paragraphs (2) and (4) of

30  this subsection shall be administered by the state board of

31  administration created under Article IV, section 4. The board


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    CS for SJR 1918                                First Engrossed



 1  shall remit the proceeds of the "second gas tax" in each

 2  county account for use in said county as follows: eighty

 3  percent per cent to the state agency supervising the state

 4  road system and twenty percent per cent to the governing body

 5  of the county. The percentage allocated to the county may be

 6  increased by general law. The proceeds of the "second gas tax"

 7  subject to allocation to the several counties under this

 8  paragraph (5) shall be used first, for the payment of

 9  obligations pledging revenues allocated pursuant to Article

10  IX, section 16, of the constitution of 1885, as amended, and

11  any refundings thereof; second, for the payment of debt

12  service on bonds issued as provided by this paragraph (5) to

13  finance the acquisition and construction of roads as defined

14  by law; and third, for the acquisition and construction of

15  roads and for road maintenance as authorized by law. When

16  authorized by law, state bonds pledging the full faith and

17  credit of the state may be issued without any election to:

18         a.  (i) to Refund obligations secured by any portion of

19  the "second gas tax" allocated to a county under Article IX,

20  section 16, of the constitution of 1885, as amended.;

21         b.  (ii) to Finance the acquisition and construction of

22  roads in a county when approved by the governing body of the

23  county and the state agency supervising the state road

24  system.;

25         c.  and (iii) to Refund obligations secured by any

26  portion of the "second gas tax" allocated under paragraph

27  9(c)(4).

28  

29  No such bonds shall be issued unless a state fiscal agency

30  created by law has made a determination that in no state

31  fiscal year will the debt service requirements of the bonds


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    CS for SJR 1918                                First Engrossed



 1  and all other bonds secured by the pledged portion of the

 2  "second gas tax" allocated to the county exceed seventy-five

 3  percent per cent of the pledged portion of the "second gas

 4  tax" allocated to that county for the preceding state fiscal

 5  year, of the pledged net tolls from existing facilities

 6  collected in the preceding state fiscal year, and of the

 7  annual average net tolls anticipated during the first five

 8  state fiscal years of operation of new projects to be

 9  financed, and of any other legally available pledged revenues

10  collected in the preceding state fiscal year. Bonds issued

11  pursuant to this subsection shall be payable primarily from

12  the pledged tolls, the pledged portions of the "second gas

13  tax" allocated to that county, and any other pledged revenue,

14  and shall mature not later than forty years from the date of

15  issuance.

16         (d)  SCHOOL BONDS.--

17         (1)  Article XII, section 7(d), 9, Subsection (d) of

18  this constitution, as amended, (which, by reference, adopted

19  Article XII, section 18, of the constitution of 1885, as

20  amended), as the same existed immediately before the effective

21  date of this amendment is adopted by this reference as part of

22  this amendment as completely as though incorporated herein

23  verbatim, for the purpose of providing that after the

24  effective date of this amendment the first proceeds of the

25  revenues derived from the licensing of motor vehicles as

26  referred to therein shall be distributed annually among the

27  several counties in the ratio of the number of instruction

28  units in each county, the same being coterminous coterminus

29  with the school district of each county as provided in Article

30  IX, section 4(a), 4, Subsection (a) of this constitution, in

31  each year computed as provided therein to the extent necessary


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    CS for SJR 1918                                First Engrossed



 1  to comply with all obligations to or for the benefit of

 2  holders of bonds or motor vehicle tax anticipation

 3  certificates issued before the effective date of this

 4  amendment or any refundings thereof that which are secured by

 5  any portion of such revenues derived from the licensing of

 6  motor vehicles.

 7         (2)  No funds anticipated to be distributed annually

 8  among the several counties under the formula stated in Article

 9  XII, section 7(d), 9, Subsection (d) of this constitution, as

10  amended, as the same existed immediately before the effective

11  date of this amendment shall be pledged as security for any

12  obligations hereafter issued or entered into, except that any

13  outstanding obligations previously issued pledging such funds

14  may be refunded by the issuance of refunding bonds.

15         (3)  Subject to the requirements of paragraph (d)(1)

16  paragraph (1) of this subsection (d) beginning July 1, 1973,

17  the first proceeds of the revenues derived from the licensing

18  of motor vehicles (hereinafter called "motor vehicle license

19  revenues") to the extent necessary to comply with the

20  provisions of this amendment, shall, as collected, be placed

21  monthly in the school district and community college district

22  capital outlay and debt service fund in the state treasury and

23  used only as provided in this amendment. Such revenue shall be

24  distributed annually among the several school districts and

25  community college districts in the ratio of the number of

26  instruction units in each school district or community college

27  district in each year computed as provided herein. The amount

28  of the first motor vehicle license revenues to be so set aside

29  in each year and distributed as provided herein shall be an

30  amount equal in the aggregate to the product of six hundred

31  dollars ($600) multiplied by the total number of instruction


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    CS for SJR 1918                                First Engrossed



 1  units in all the school districts of Florida for the school

 2  fiscal year 1967-68, plus an amount equal in the aggregate to

 3  the product of eight hundred dollars ($800) multiplied by the

 4  total number of instruction units in all the school districts

 5  of Florida for the school fiscal year 1972-73 and for each

 6  school fiscal year thereafter that which is in excess of the

 7  total number of such instruction units in all the school

 8  districts of Florida for the school fiscal year 1967-68, such

 9  excess units being designated "growth units." The amount of

10  the first motor vehicle license revenues to be so set aside in

11  each year and distributed as provided herein shall

12  additionally be an amount equal in the aggregate to the

13  product of four hundred dollars ($400) multiplied by the total

14  number of instruction units in all community college districts

15  of Florida. The number of instruction units in each school

16  district or community college district in each year for the

17  purposes of this amendment shall be the greater of:

18         a.(1)  The number of instruction units in each school

19  district for the school fiscal year 1967-68 or community

20  college district for the school fiscal year 1968-69 computed

21  in the manner heretofore provided by general law; ,or

22         b.(2)  The number of instruction units in such school

23  district, including growth units, or community college

24  district for the school fiscal year computed in the manner

25  heretofore or hereafter provided by general law and approved

26  by the state board of education (hereinafter called the state

27  board);, or

28         c.(3)  The number of instruction units in each school

29  district, including growth units, or community college

30  district on behalf of which the state board has issued bonds

31  or motor vehicle license revenue anticipation certificates


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    CS for SJR 1918                                First Engrossed



 1  under this amendment that which will produce sufficient

 2  revenues under this amendment to equal one and

 3  twelve-hundredths (1.12) times the aggregate amount of

 4  principal of and interest on all bonds or motor vehicle

 5  license revenue anticipation certificates issued under this

 6  amendment that which will mature and become due in such year,

 7  computed in the manner heretofore or hereafter provided by

 8  general law and approved by the state board.

 9         (4)  Such funds so distributed shall be administered by

10  the state board as now created and constituted by Article IX,

11  section 2, of Article IX of this the State constitution as

12  revised in 1968, or by such other instrumentality of the state

13  that which shall hereafter succeed by law to the powers,

14  duties, and functions of the state board, including the

15  powers, duties, and functions of the state board provided in

16  this amendment. For the purposes of this amendment, said state

17  board shall be a body corporate and shall have all the powers

18  provided in this amendment in addition to all other

19  constitutional and statutory powers related to the purposes of

20  this amendment heretofore or hereafter conferred upon said

21  state board.

22         (5)  The state board shall, in addition to its other

23  constitutional and statutory powers, have the management,

24  control, and supervision of the proceeds of the first motor

25  vehicle license revenues provided for in this subsection (d).

26  The state board shall also have power, for the purpose of

27  obtaining funds for the use of any school board of any school

28  district or board of trustees of any community college

29  district in acquiring, building, constructing, altering,

30  remodeling, improving, enlarging, furnishing, equipping,

31  maintaining, renovating, or repairing of capital outlay


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    CS for SJR 1918                                First Engrossed



 1  projects for school purposes to issue bonds or motor vehicle

 2  license revenue anticipation certificates, and also to issue

 3  such bonds or motor vehicle license revenue anticipation

 4  certificates to pay, fund, or refund any bonds or motor

 5  vehicle license revenue anticipation certificates theretofore

 6  issued by said state board. All such bonds or motor vehicle

 7  license revenue anticipation certificates shall bear interest

 8  at not exceeding the rate provided by general law and shall

 9  mature not later than thirty years after the date of issuance

10  thereof. The state board shall have power to determine all

11  other details of the bonds or motor vehicle license revenue

12  anticipation certificates and to sell in the manner provided

13  by general law, or exchange the bonds or motor vehicle license

14  revenue anticipation certificates, upon such terms and

15  conditions as the state board shall provide.

16         (6)  The state board shall also have power to pledge

17  for the payment of the principal of and interest on such bonds

18  or motor vehicle license revenue anticipation certificates,

19  including refunding bonds or refunding motor vehicle license

20  revenue anticipation certificates, all or any part from the

21  motor vehicle license revenues provided for in this amendment

22  and to enter into any covenants and other agreements with the

23  holders of such bonds or motor vehicle license revenue

24  anticipation certificates at the time of the issuance thereof

25  concerning the security thereof and the rights of the holders

26  thereof, all of which covenants and agreements shall

27  constitute legally binding and irrevocable contracts with such

28  holders and shall be fully enforceable by such holders in any

29  court of competent jurisdiction.

30         (7)  No such bonds or motor vehicle license revenue

31  anticipation certificates shall ever be issued by the state


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    CS for SJR 1918                                First Engrossed



 1  board, except to refund outstanding bonds or motor vehicle

 2  license revenue anticipation certificates, until after the

 3  adoption of a resolution requesting the issuance thereof by

 4  the school board of the school district or board of trustees

 5  of the community college district on behalf of which the

 6  obligations are to be issued. The state board of education

 7  shall limit the amount of such bonds or motor vehicle license

 8  revenue anticipation certificates that which can be issued on

 9  behalf of any school district or community college district to

10  ninety percent (90%) of the amount that which it determines

11  can be serviced by the revenue accruing to the school district

12  or community college district under the provisions of this

13  amendment, and shall determine the reasonable allocation of

14  the interest savings from the issuance of refunding bonds or

15  motor vehicle license revenue anticipation certificates, and

16  such determinations shall be conclusive. All such bonds or

17  motor vehicle license revenue anticipation certificates shall

18  be issued in the name of the state board of education but

19  shall be issued for and on behalf of the school board of the

20  school district or board of trustees of the community college

21  district requesting the issuance thereof, and no election or

22  approval of qualified electors shall be required for the

23  issuance thereof.

24         (8)  The state board shall in each year use the funds

25  distributable pursuant to this amendment to the credit of each

26  school district or community college district only in the

27  following manner and in order of priority:

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

29  paragraph (1) of this subsection (d).

30         b.  To pay all amounts of principal and interest due in

31  such year on any bonds or motor vehicle license revenue


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    CS for SJR 1918                                First Engrossed



 1  anticipation certificates issued under the authority hereof,

 2  including refunding bonds or motor vehicle license revenue

 3  anticipation certificates, issued on behalf of the school

 4  board of such school district or board of trustees of such

 5  community college district; subject, however, to any covenants

 6  or agreements made by the state board concerning the rights

 7  between holders of different issues of such bonds or motor

 8  vehicle license revenue anticipation certificates, as herein

 9  authorized.

10         c.  To establish and maintain a sinking fund or funds

11  to meet future requirements for debt service or reserves

12  therefor, on bonds or motor vehicle license revenue

13  anticipation certificates issued on behalf of the school board

14  of such school district or board of trustees of such community

15  college district under the authority hereof, whenever the

16  state board shall deem it necessary or advisable, and in such

17  amounts and under such terms and conditions as the state board

18  shall in its discretion determine.

19         d.  To distribute annually to the several school boards

20  of the school districts or the boards of trustees of the

21  community college districts for use in payment of debt service

22  on bonds heretofore or hereafter issued by any such school

23  boards of the school districts or boards of trustees of the

24  community college districts where the proceeds of the bonds

25  were used, or are to be used, in the acquiring, building,

26  constructing, altering, remodeling, improving, enlarging,

27  furnishing, equipping, maintaining, renovating, or repairing

28  of capital outlay projects in such school districts or

29  community college districts and which capital outlay projects

30  have been approved by the school board of the school district

31  or board of trustees of the community college district,


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    CS for SJR 1918                                First Engrossed



 1  pursuant to the most recent survey or surveys conducted under

 2  regulations prescribed by the state board to determine the

 3  capital outlay needs of the school district or community

 4  college district. The state board shall have power at the time

 5  of issuance of any bonds by any school board of any school

 6  district or board of trustees of any community college

 7  district to covenant and agree with such school board or board

 8  of trustees as to the rank and priority of payments to be made

 9  for different issues of bonds under this subparagraph d., and

10  may further agree that any amounts to be distributed under

11  this subparagraph d. may be pledged for the debt service on

12  bonds issued by any school board of any school district or

13  board of trustees of any community college district and for

14  the rank and priority of such pledge. Any such covenants or

15  agreements of the state board may be enforced by any holders

16  of such bonds in any court of competent jurisdiction.

17         e.  To pay the expenses of the state board in

18  administering this subsection (d), which shall be prorated

19  among the various school districts and community college

20  districts and paid out of the proceeds of the bonds or motor

21  vehicle license revenue anticipation certificates or from the

22  funds distributable to each school district and community

23  college district on the same basis as such motor vehicle

24  license revenues are distributable to the various school

25  districts and community college districts.

26         f.  To distribute annually to the several school boards

27  of the school districts or boards of trustees of the community

28  college districts for the payment of the cost of acquiring,

29  building, constructing, altering, remodeling, improving,

30  enlarging, furnishing, equipping, maintaining, renovating, or

31  repairing of capital outlay projects for school purposes in


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    CS for SJR 1918                                First Engrossed



 1  such school district or community college district as shall be

 2  requested by resolution of the school board of the school

 3  district or board of trustees of the community college

 4  district.

 5         g.  When all major capital outlay needs of a school

 6  district or community college district have been met as

 7  determined by the state board, on the basis of a survey made

 8  pursuant to regulations of the state board and approved by the

 9  state board, all such funds remaining shall be distributed

10  annually and used for such school purposes in such school

11  district or community college district as the school board of

12  the school district or board of trustees of the community

13  college district shall determine, or as may be provided by

14  general law.

15         (9)  Capital outlay projects of a school district or

16  community college district shall be eligible to participate in

17  the funds accruing under this amendment and derived from the

18  proceeds of bonds and motor vehicle license revenue

19  anticipation certificates and from the motor vehicle license

20  revenues, only in the order of priority of needs, as shown by

21  a survey or surveys conducted in the school district or

22  community college district under regulations prescribed by the

23  state board, to determine the capital outlay needs of the

24  school district or community college district and approved by

25  the state board; provided that the priority of such projects

26  may be changed from time to time upon the request of the

27  school board of the school district or board of trustees of

28  the community college district and with the approval of the

29  state board; and provided, further, that this paragraph (9)

30  shall not in any manner affect any covenant, agreement, or

31  pledge made by the state board in the issuance by said state


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    CS for SJR 1918                                First Engrossed



 1  board of any bonds or motor vehicle license revenue

 2  anticipation certificates, or in connection with the issuance

 3  of any bonds of any school board of any school district or

 4  board of trustees of any community college district.

 5         (10)  The state board shall have power to make and

 6  enforce all rules and regulations necessary to the full

 7  exercise of the powers herein granted and no legislation shall

 8  be required to render this amendment of full force and

 9  operating effect. The legislature shall not reduce the levies

10  of said motor vehicle license revenues during the life of this

11  amendment to any degree that which will fail to provide the

12  full amount necessary to comply with the provisions of this

13  amendment and pay the necessary expenses of administering the

14  laws relating to the licensing of motor vehicles, and shall

15  not enact any law having the effect of withdrawing the

16  proceeds of such motor vehicle license revenues from the

17  operation of this amendment and shall not enact any law

18  impairing or materially altering the rights of the holders of

19  any bonds or motor vehicle license revenue anticipation

20  certificates issued pursuant to this amendment or impairing or

21  altering any covenant or agreement of the state board, as

22  provided in such bonds or motor vehicle license revenue

23  anticipation certificates.

24         (11)  Bonds issued by the state board pursuant to this

25  subsection (d) shall be payable primarily from said motor

26  vehicle license revenues as provided herein, and if heretofore

27  or hereafter authorized by law, may be additionally secured by

28  pledging the full faith and credit of the state without an

29  election. When heretofore or hereafter authorized by law,

30  bonds issued pursuant to Article XII, section 18, of the

31  constitution of 1885, as amended prior to 1968, and bonds


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 1  issued pursuant to Article XII, section 7(d), 9, subsection

 2  (d) of this the constitution as revised in 1968, and bonds

 3  issued pursuant to this subsection (d), may be refunded by the

 4  issuance of bonds additionally secured by the full faith and

 5  credit of the state.

 6         (e)  DEBT LIMITATION.--Bonds issued pursuant to this

 7  section 9 of Article XII that which are payable primarily from

 8  revenues pledged pursuant to this section shall not be

 9  included in applying the limits upon the amount of state bonds

10  contained in Section 11, Article VII, of this revision.

11         SECTION 8 10.  Preservation of constitutional

12  provisions as statutes.--

13         (a)  The following provisions of the State

14  Constitution, as they existed on November 6, 2006, shall

15  become statutes:

16         (1)  Article I, section 26, notwithstanding Article V,

17  section 15.

18         (2)  Article X, section 21.

19         (3)  Article X, section 25.

20         (4)  Article X, section 26.

21         (b)  The Division of Statutory Revision shall codify a

22  provision made statutory law by subsection (a) in the manner

23  described in s. 11.242, Florida Statutes (2005). The Division

24  of Statutory Revision may make alterations to a provision

25  described in subsection (a) to reflect its status as statutory

26  law, but the effect of the provision must be preserved.

27         (c)  Until January 2, 2015, the legislature may not

28  modify, repeal, or act inconsistent with a provision made

29  statutory law by this section except by a three-fourths vote

30  of the membership of each house. Preservation of existing

31  government.--All provisions of Articles I through IV, VII and


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 1  IX through XX of the Constitution of 1885, as amended, not

 2  embraced herein which are not inconsistent with this revision

 3  shall become statutes subject to modification or repeal as are

 4  other statutes.

 5         SECTION 9 11.  Deletion of obsolete schedule

 6  items.--The legislature shall have power, by joint resolution,

 7  to delete from this article revision any section of this

 8  Article XII, including this section, when all events to which

 9  the section to be deleted is or could become applicable have

10  occurred. A legislative determination of fact made as a basis

11  for application of this section shall be subject to judicial

12  review.

13         SECTION 10 12.  Senators.--The requirements of

14  staggered terms of senators in Article III, section 15(a), of

15  Article III of this revision shall apply only to senators

16  elected in November, 1972, and thereafter.

17         SECTION 11 13.  Legislative apportionment.--The

18  requirements of legislative apportionment in Article III,

19  section 16, of Article III of this revision shall apply only

20  to the apportionment of the legislature following the

21  decennial census of 1970, and thereafter.

22         SECTION 12 14.  Representatives; terms.--The

23  legislature at its first regular session following the

24  ratification of this revision, by joint resolution, shall

25  propose to the electors of the state for ratification or

26  rejection in the general election of 1970 an amendment to

27  Article III, section 15(b), of the constitution providing

28  staggered terms of four years for members of the house of

29  representatives.

30         SECTION 13 15.  Special district taxes.--Ad valorem

31  taxing power vested by law in special districts existing when


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 1  this revision becomes effective shall not be abrogated by

 2  Article VII, section 9(b) of Article VII herein, but such

 3  powers, except to the extent necessary to pay outstanding

 4  debts, may be restricted or withdrawn by law.

 5         SECTION 16.  Reorganization.--The requirement of

 6  Section 6, Article IV of this revision shall not apply until

 7  July 1, 1969.

 8         SECTION 14 17.  Conflicting provisions.--This schedule

 9  is designed to effect the orderly transition of government

10  from the constitution of 1885, as amended, to this revision

11  and shall control in all cases of conflict with any part of

12  Article I through IV, VII, and IX through XI herein.

13         SECTION 18.  Bonds for housing and related

14  facilities.--Section 16 of Article VII, providing for bonds

15  for housing and related facilities, shall take effect upon

16  approval by the electors.

17         SECTION 19.  Renewable energy source property.--The

18  amendment to Section 3 of Article VII, relating to an

19  exemption for a renewable energy source device and real

20  property on which such device is installed, if adopted at the

21  special election in October 1980, shall take effect January 1,

22  1981.

23         SECTION 20.  Access to public records.--Section 24 of

24  Article I, relating to access to public records, shall take

25  effect July 1, 1993.

26         SECTION 15 21.  State revenue limitation.--The

27  amendment to Article VII, section 1, of Article VII limiting

28  state revenues shall take effect January 1, 1995, and shall

29  first be applicable to state fiscal year 1995-1996.

30         SECTION 16 22.  Historic property exemption and

31  assessment.--The amendments to Article VII, Sections 3 and 4,


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 1  of Article VII relating to ad valorem tax exemption for, and

 2  assessment of, historic property shall take effect January 1,

 3  1999.

 4         SECTION 17 23.  Fish and wildlife conservation

 5  commission.--

 6         (a)  The initial members of the commission shall be the

 7  members of the game and fresh water fish commission and the

 8  marine fisheries commission who are serving on those

 9  commissions on the effective date of this amendment, who may

10  serve the remainder of their respective terms. New

11  appointments to the commission shall not be made until the

12  retirement, resignation, removal, or expiration of the terms

13  of the initial members results in fewer than seven members

14  remaining.

15         (b)  The jurisdiction of the marine fisheries

16  commission as set forth in statutes in effect on March 1,

17  1998, shall be transferred to the fish and wildlife

18  conservation commission. The jurisdiction of the marine

19  fisheries commission transferred to the commission shall not

20  be expanded except as provided by general law. All rules of

21  the marine fisheries commission and game and fresh water fish

22  commission in effect on the effective date of this amendment

23  shall become rules of the fish and wildlife conservation

24  commission until superseded or amended by the commission.

25         (c)  On the effective date of this amendment, the

26  marine fisheries commission and game and fresh water fish

27  commission shall be abolished.

28         (d)  This amendment shall take effect July 1, 1999.

29         SECTION 18 24.  Executive branch reform.--

30         (a)  The amendments contained in this revision shall

31  take effect January 7, 2003, but shall govern with respect to


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 1  the qualifying for and the holding of primary elections in

 2  2002. The office of chief financial officer shall be a new

 3  office as a result of this revision.

 4         (b)  In the event the secretary of state is removed as

 5  a cabinet office in the 1998 general election, the term

 6  "custodian of state records" shall be substituted for the term

 7  "secretary of state" throughout this the constitution and the

 8  duties previously performed by the secretary of state shall be

 9  as provided by law.

10         SECTION 25.  Schedule to Article V amendment.--

11         (a)  Commencing with fiscal year 2000-2001, the

12  legislature shall appropriate funds to pay for the salaries,

13  costs, and expenses set forth in the amendment to Section 14

14  of Article V pursuant to a phase-in schedule established by

15  general law.

16         (b)  Unless otherwise provided herein, the amendment to

17  Section 14 shall be fully effectuated by July 1, 2004.

18         SECTION 19.  Amendments adopted during the 2006 General

19  Election.--Any amendment to the State Constitution adopted

20  during the 2006 General Election shall be incorporated into

21  this revision as if the amendment originally had been included

22  in this revision.

23         SECTION 20.  Statutory initiative

24  implementation.--Legislation implementing Article III, section

25  19, must take effect no later than July 1, 2008.

26         BE IT FURTHER RESOLVED that the following statement be

27  placed on the ballot:

28                     CONSTITUTIONAL REVISION

29                        MULTIPLE ARTICLES

30         REPEAL OF OBSOLETE PROVISIONS; LEGISLATION BY STATUTORY

31  INITIATIVE; PRESERVATION OF CONSTITUTIONAL PROVISIONS AS


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 1  STATUTES.--Proposing a revision of the State Constitution to

 2  correct spelling errors, punctuation errors, and grammatical

 3  errors, repeal obsolete provisions, repeal provisions that

 4  violate the United States Constitution, and make technical

 5  changes; to correct an erroneous filing date in Article XI,

 6  section 6(e), which relates to the Taxation and Budget Reform

 7  Commission; to require the legislature to provide by law

 8  effective by July 1, 2008, for a statutory initiative process

 9  by which citizens may propose statutes; and to provide for the

10  repeal of certain constitutional provisions and their

11  preservation as statutes. The statutory initiative process and

12  the repeal and preservation of certain constitutional

13  provisions as statutes are described in detail below.

14       ARTICLE III, SECTION 19 and ARTICLE XII, SECTION 20

15         Statutory initiative and implementation.--Proposing the

16  creation of new sections of the State Constitution to require

17  the legislature to prescribe a process by law effective no

18  later than July 1, 2008, by which citizens may propose

19  statutes; to provide that the statutory initiative process is

20  subject to conditions, limitations, and exceptions prescribed

21  by the legislature; and to provide that a statute originating

22  as a statutory initiative may not be amended or repealed by

23  the legislature for five years after its adoption, except upon

24  a two-thirds vote of both houses of the legislature.

25                      ARTICLE XII, SECTION 8

26         Preservation of constitutional provisions as

27  statutes.--Proposing to repeal the following provisions from

28  the State Constitution, codify them in the Florida Statutes,

29  and prohibit the Legislature from modifying, repealing, or

30  acting inconsistently with those statutes until January 2,

31  


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 1  2015, except upon a three-fourths vote of both houses of the

 2  Legislature:

 3                      ARTICLE I, SECTION 26

 4         Claimant's right to fair compensation.--This provision

 5  provides that an injured claimant who enters into a

 6  contingency fee agreement with an attorney in a claim for

 7  medical liability is entitled to no less than 70 percent of

 8  the first $250,000.00 in all damages received by the claimant,

 9  and 90 percent of damages in excess of $250,000.00, exclusive

10  of reasonable and customary costs and regardless of the number

11  of defendants.

12                      ARTICLE X, SECTION 21

13         Limiting cruel and inhumane confinement of pigs during

14  pregnancy.--This provision makes it unlawful to confine a pig

15  during pregnancy in a cage, crate or other enclosure, or

16  tether a pregnant pig, on a farm so that the pig is prevented

17  from turning around freely, except for veterinary purposes and

18  during the prebirthing period.

19                      ARTICLE X, SECTION 25

20         Patients' right to know about adverse medical

21  incidents.--This provision gives patients the right to review,

22  upon request, records of health care facilities' or providers'

23  adverse medical incidents, including those which could cause

24  injury or death.

25                      ARTICLE X, SECTION 26

26         Prohibition of medical license after repeated medical

27  malpractice.--This provision prohibits medical doctors who

28  have been found to have committed three or more incidents of

29  medical malpractice from being licensed to practice medicine

30  in Florida.

31  


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