Senate Bill sb7086pb

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086

    FOR CONSIDERATION By the Committee on Judiciary





    590-1684B-06

  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 repeal obsolete

  7         provisions; to repeal Section 21 of Article X,

  8         which pertains to the confinement of pregnant

  9         pigs; and to provide for the codification of

10         Section 21 of Article X as a statute.

11  

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

13  

14         That the following revision to the State Constitution

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

16  state for approval or rejection at the next general election

17  or at an earlier special election specifically authorized by

18  law for that purpose:

19                             PREAMBLE

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

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

22  secure its benefits, perfect our government, ensure insure

23  domestic tranquility, maintain public order, and guarantee

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

25  establish this constitution.

26                            ARTICLE I

27                      DECLARATION OF RIGHTS

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

29  inherent in the people.  The enunciation herein of certain

30  rights shall not be construed to deny or impair others

31  retained by the people.

                                  1

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

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

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

 6  ownership, inheritance, disposition, and possession of real

 7  property by aliens ineligible for citizenship may be regulated

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

 9  right because of race, religion, national origin, or physical

10  disability.

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

12  respecting the establishment of religion or prohibiting or

13  penalizing the free exercise thereof. Religious freedom shall

14  not justify practices inconsistent with public morals, peace,

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

16  subdivision or agency thereof shall ever be taken from the

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

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

19  institution.

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

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

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

23  shall be passed to restrain or abridge the liberty of speech

24  or of the press.  In all criminal prosecutions and civil

25  actions for defamation, the truth may be given in evidence.

26  If the matter charged as defamatory is true and was published

27  with good motives, the party shall be acquitted or exonerated.

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

29  the right peaceably to assemble, to instruct their

30  representatives, and to petition for redress of grievances.

31  

                                  2

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

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

 5  organization, to bargain collectively shall not be denied or

 6  abridged.  Public employees shall not have the right to

 7  strike.

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

 9  be subordinate to the civil.

10         SECTION 8.  Right to bear arms.--

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

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

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

14  may be regulated by law.

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

16  excluding weekends and legal holidays, between the purchase

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

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

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

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

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

22  prescribed in Florida law shall not be subject to the

23  provisions of this paragraph.

24         (c)  The legislature shall enact legislation

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

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

27  violating the provisions of subsection (b) shall be guilty of

28  a felony.

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

30  another handgun.

31  

                                  3

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

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

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

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

 7  shall be passed.

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

 9  imprisoned for debt, except in cases of fraud.

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

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

12  effects against unreasonable searches and seizures, and

13  against the unreasonable interception of private

14  communications by any means, shall not be violated.  No

15  warrant shall be issued except upon probable cause, supported

16  by affidavit, particularly describing the place or places to

17  be searched;, the person or persons, thing, or things to be

18  seized;, the communication to be intercepted;, and the nature

19  of evidence to be obtained.  This right shall be construed in

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

21  Constitution, as interpreted by the United States Supreme

22  Court.  Articles or information obtained in violation of this

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

24  information would be inadmissible under decisions of the

25  United States Supreme Court construing the Fourth 4th

26  Amendment to the United States Constitution.

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

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

29  be returnable without delay, and shall never be suspended

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

31  essential to the public safety.

                                  4

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  charged with a capital offense or an offense punishable by

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

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

 5  violation of municipal or county ordinance shall be entitled

 6  to pretrial release on reasonable conditions.  If no

 7  conditions of release can reasonably protect the community

 8  from risk of physical harm to persons, assure the presence of

 9  the accused at trial, or assure the integrity of the judicial

10  process, the accused may be detained.

11         SECTION 15.  Prosecution for crime; offenses committed

12  by children.--

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

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

15  without such presentment or indictment or an information under

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

17  persons on active duty in the militia when tried by

18  courts-martial courts martial.

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

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

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

22  requirements applicable to criminal cases.  Any child so

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

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

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

26  disciplined as provided by law.

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

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

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

30  accusation, and shall be furnished a copy of the charges, and

31  shall have the right to have compulsory process for witnesses,

                                  5

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  to confront at trial adverse witnesses, to be heard in person,

 2  by counsel or both, and to have a speedy and public trial by

 3  impartial jury in the county where the crime was committed.

 4  If the county is not known, the indictment or information may

 5  charge venue in two or more counties conjunctively and proof

 6  that the crime was committed in that area shall be sufficient;

 7  but before pleading the accused may elect in which of those

 8  counties the trial will take place. Venue for prosecution of

 9  crimes committed beyond the boundaries of the state shall be

10  fixed by law.

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

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

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

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

15  the extent that these rights do not interfere with the

16  constitutional rights of the accused.

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

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

19  indefinite imprisonment, and unreasonable detention of

20  witnesses are forbidden. The death penalty is an authorized

21  punishment for capital crimes designated by the legislature.

22  The prohibition against cruel or unusual punishment, and the

23  prohibition against cruel and unusual punishment, shall be

24  construed in conformity with decisions of the United States

25  Supreme Court which interpret the prohibition against cruel

26  and unusual punishment provided in the Eighth Amendment to the

27  United States Constitution.  Any method of execution shall be

28  allowed, unless prohibited by the United States Constitution.

29  Methods of execution may be designated by the legislature, and

30  a change in any method of execution may be applied

31  retroactively.  A sentence of death shall not be reduced on

                                  6

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  the basis that a method of execution is invalid. In any case

 2  in which an execution method is declared invalid, the death

 3  sentence shall remain in force until the sentence can be

 4  lawfully executed by any valid method. This section shall

 5  apply retroactively.

 6         SECTION 18.  Administrative penalties.--No

 7  administrative agency, except the Department of Military

 8  Affairs in an appropriately convened court-martial action as

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

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

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

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

13  become final.

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

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

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

17  be convicted of treason except on the testimony of two

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

19  court.

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

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

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

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

24  shall be secure to all and remain inviolate.  The

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

26  shall be fixed by law.

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

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

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

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

31  

                                  7

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  provided by law.

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

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

 5  public record made or received in connection with the official

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

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

 8  to records exempted pursuant to this section or specifically

 9  made confidential by this Constitution.  This section

10  specifically includes the legislative, executive, and judicial

11  branches of government and each agency or department created

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

13  constitutional officer, board, and commission, or entity

14  created pursuant to law or this Constitution.

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

16  executive branch of state government or of any collegial

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

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

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

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

21  meetings of the legislature shall be open and noticed as

22  provided in Article III, Section 4(e), except with respect to

23  meetings exempted pursuant to this section or specifically

24  closed by this Constitution.

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

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

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

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

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

30  that such law shall state with specificity the public

31  necessity justifying the exemption and shall be no broader

                                  8

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  The legislature shall enact laws governing the enforcement of

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

 4  disposal, and disposition of records made public by this

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

 6  rules governing the enforcement of this section in relation to

 7  records of the legislative branch.  Laws enacted pursuant to

 8  this subsection shall contain only exemptions from the

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

10  and provisions governing the enforcement of this section, and

11  shall relate to one subject.

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

13  limit public access to records or meetings shall remain in

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

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

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

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

18  are repealed.

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

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

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

22  taxpayers' rights and responsibilities and government's

23  responsibilities to deal fairly with taxpayers under the laws

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

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

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

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

28  liability claim involving a contingency fee, the claimant is

29  entitled to receive no less than 70 percent 70% of the first

30  $250,000 $250,000.00 in all damages received by the claimant,

31  exclusive of reasonable and customary costs, whether received

                                  9

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  by judgment, settlement, or otherwise, and regardless of the

 2  number of defendants. The claimant is entitled to 90 percent

 3  90% of all damages in excess of $250,000 $250,000.00,

 4  exclusive of reasonable and customary costs and regardless of

 5  the number of defendants. This provision is self-executing and

 6  does not require implementing legislation.

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

 8  following approval by the voters.

 9                            ARTICLE II

10                        GENERAL PROVISIONS

11         SECTION 1.  State boundaries.--

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

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

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

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

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

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

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

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

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

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

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

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

24  being also the point of intersection of the middle of the

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

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

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

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

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

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

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

                                  10

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  whichever is the greater distance; thence in a southerly

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

 4  three geographic miles from the Atlantic coastline and three

 5  leagues distant from the Gulf of Mexico coastline, whichever

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

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

 8  and three leagues from the southernmost point of the Marquesas

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

10  south of and three leagues from Loggerhead Key, the

11  westernmost of the Dry Tortugas Islands; thence westerly,

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

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

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

15  leagues from the coastline of Florida; thence northerly and

16  westerly three leagues distant from the coastline to a point

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

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

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

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

21  include any additional territory within the United States

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

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

24  States of Alabama and Georgia.

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

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

27  international law.

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

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

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

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

                                  11

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  invasion or grave emergency, the governor by proclamation may

 3  for the period of the emergency transfer the seat of

 4  government to another place.

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

 6  state government shall be divided into legislative, executive,

 7  and judicial branches.  No person belonging to one branch

 8  shall exercise any powers appertaining to either of the other

 9  branches unless expressly provided herein.

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

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

12         SECTION 5.  Public officers.--

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

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

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

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

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

18  the government of the state and the counties and

19  municipalities therein, except that a notary public or

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

21  be a member of a constitution revision commission, taxation

22  and budget reform commission, constitutional convention, or

23  statutory body having only advisory powers.

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

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

26  law, and shall swear or affirm:

27  

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

29  protect, and defend the Constitution and Government of the

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

31  qualified to hold office under the Constitution of the state;

                                  12

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  help me God.",

 4  

 5  and thereafter shall devote personal attention to the duties

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

 7  qualifies.

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

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

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

11  resulting from enemy attack the legislature shall have power

12  to provide for prompt and temporary succession to the powers

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

14  become unavailable to execute the functions of their offices,

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

16  appropriate to ensure insure the continuity of governmental

17  operations during the emergency.  In exercising these powers,

18  the legislature may depart from other requirements of this

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

20  emergency.

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

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

23  and protect its natural resources and scenic beauty.  Adequate

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

25  water pollution and of excessive and unnecessary noise and for

26  the conservation and protection of natural resources.

27         (b)  Those in the Everglades Agricultural Area who

28  cause water pollution within the Everglades Protection Area or

29  the Everglades Agricultural Area shall be primarily

30  responsible for paying the costs of the abatement of that

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

                                  13

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  "Everglades Protection Area" and "Everglades Agricultural

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

 3  on January 1, 1996.

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

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

 6  sustain that trust against abuse.  To assure this right:

 7         (a)  All elected constitutional officers and candidates

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

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

10  public disclosure of their financial interests.

11         (b)  All elected public officers and candidates for

12  such offices shall file full and public disclosure of their

13  campaign finances.

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

15  public trust for private gain and any person or entity

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

17  financial benefits obtained by such actions.  The manner of

18  recovery and additional damages may be provided by law.

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

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

21  to forfeiture of rights and privileges under a public

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

23  provided by law.

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

25  officer shall personally represent another person or entity

26  for compensation before the government body or agency of which

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

28  years following vacation of office.  No member of the

29  legislature shall personally represent another person or

30  entity for compensation during term of office before any state

31  

                                  14

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  agency other than judicial tribunals.  Similar restrictions on

 2  other public officers and employees may be established by law.

 3         (f)  There shall be an independent commission to

 4  conduct investigations and make public reports on all

 5  complaints concerning breach of public trust by public

 6  officers or employees not within the jurisdiction of the

 7  judicial qualifications commission.

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

 9  nonjudicial officers prohibiting conflict between public duty

10  and private interests shall be prescribed by law.

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

12  disclosures and prohibitions which may be established by law

13  to preserve the public trust and avoid conflicts between

14  public duties and private interests.

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

16  and until changed by law:

17         (1)  Full and public disclosure of financial interests

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

19  1 of each year a sworn statement showing net worth and

20  identifying each asset and liability in excess of $1,000 and

21  its value together with one of the following:

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

23  tax return; or

24         b.  A sworn statement which identifies each separate

25  source and amount of income which exceeds $1,000.  The forms

26  for such source disclosure and the rules under which they are

27  to be filed shall be prescribed by the independent commission

28  established in subsection (f), and such rules shall include

29  disclosure of secondary sources of income.

30  

31  

                                  15

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (2)  Persons holding statewide elective offices shall

 2  also file disclosure of their financial interests pursuant to

 3  subsection (i)(1).

 4         (3)  The independent commission provided for in

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

 6         SECTION 9.  English is the official language of

 7  Florida.--

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

 9  Florida.

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

11  this section by appropriate legislation.

12                           ARTICLE III

13                           LEGISLATURE

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

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

16  Florida, consisting of a senate composed of one senator

17  elected from each senatorial district and a house of

18  representatives composed of one member elected from each

19  representative district.

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

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

22  its members, and shall biennially choose its officers,

23  including a permanent presiding officer selected from its

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

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

26  Representatives.  The senate shall designate a Secretary to

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

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

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

30  audit public records and perform related duties as prescribed

31  by law or concurrent resolution.

                                  16

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         SECTION 3.  Sessions of the legislature.--

 2         (a)  ORGANIZATION SESSIONS.  On the fourteenth day

 3  following each general election the legislature shall convene

 4  for the exclusive purpose of organization and selection of

 5  officers.

 6         (b)  REGULAR SESSIONS.  A regular session of the

 7  legislature shall convene on the first Tuesday after the first

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

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

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

11         (c)  SPECIAL SESSIONS.

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

13  may convene the legislature in special session during which

14  only such legislative business may be transacted as is within

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

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

17  membership of each house.

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

19  convened as provided by law.

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

21  legislature shall not exceed sixty consecutive days, and a

22  special session shall not exceed twenty consecutive days,

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

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

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

26  its membership.

27         (e)  ADJOURNMENT.  Neither house shall adjourn for more

28  than seventy-two consecutive hours except pursuant to

29  concurrent resolution.

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

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

                                  17

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

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

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

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

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

 8         SECTION 4.  Quorum and procedure.--

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

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

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

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

13  house shall determine its rules of procedure.

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

15  sessions of the senate when considering appointment to or

16  removal from public office may be closed.

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

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

19  vote of each member voting on any question shall be entered on

20  the journal.  In any legislative committee or subcommittee,

21  the vote of each member voting on the final passage of any

22  legislation pending before the committee, and upon the request

23  of any two members of the committee or subcommittee, the vote

24  of each member on any other question, shall be recorded.

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

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

27  membership, may expel a member.

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

29  that all legislative committee and subcommittee meetings of

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

31  open and noticed to the public.  The rules of procedure of

                                  18

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  each house shall further provide that all prearranged

 2  gatherings, between more than two members of the legislature,

 3  or between the governor, the president of the senate, or the

 4  speaker of the house of representatives, the purpose of which

 5  is to agree upon formal legislative action that will be taken

 6  at a subsequent time, or at which formal legislative action is

 7  taken, regarding pending legislation or amendments, shall be

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

 9  subject to order and decorum.  This section shall be

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

11  rules shall control admission to the floor of each legislative

12  chamber and may, where reasonably necessary for security

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

14  provide for the closure of committee meetings.  Each house

15  shall be the sole judge for the interpretation,

16  implementation, and enforcement of this section.

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

18  when in session, may compel attendance of witnesses and

19  production of documents and other evidence upon any matter

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

21  may punish by fine not exceeding one thousand dollars or

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

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

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

25  summons or to answer lawful questions.  Such powers, except

26  the power to punish, may be conferred by law upon committees

27  when the legislature is not in session.  Punishment of

28  contempt of an interim legislative committee shall be by

29  judicial proceedings as prescribed by law.

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

31  subject and matter properly connected therewith, and the

                                  19

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21  soon as practicable after its adjournment sine die.

22         SECTION 8.  Executive approval and veto.--

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

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

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

26  within seven consecutive days after presentation.  If during

27  that period or on the seventh day the legislature adjourns

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

29  governor shall have fifteen consecutive days from the date of

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

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

                                  20

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  The governor may veto any specific appropriation in a general

 2  appropriation bill, but may not veto any qualification or

 3  restriction without also vetoing the appropriation to which it

 4  relates.

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

 6  general appropriation bill has been vetoed, the governor shall

 7  transmit signed objections thereto to the house in which the

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

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

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

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

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

13  votes to re-enact a vetoed measure, whether in a regular or

14  special session, and the other house does not consider or

15  fails to re-enact the vetoed measure, no further consideration

16  by either house at any subsequent session may be taken. If a

17  vetoed measure is presented at a special session and the

18  originating house does not consider it, the measure will be

19  available for consideration at any intervening special session

20  and until the end of the next regular session.

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

22  re-enact the bill or reinstate the vetoed specific

23  appropriation of a general appropriation bill, the vote of

24  each member voting shall be entered on the respective

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

26  appropriation reinstated, the veto notwithstanding.

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

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

29  the session of the legislature in which enacted or as

30  otherwise provided therein.  If the law is passed over the

31  veto of the governor, it shall take effect on the sixtieth day

                                  21

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

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

 5  passed unless notice of intention to seek enactment thereof

 6  has been published in the manner provided by general law.

 7  Such notice shall not be necessary when the law, except the

 8  provision for referendum, is conditioned to become effective

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

10  affected.

11         SECTION 11.  Prohibited special laws.--

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

13  local application pertaining to:

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

15  except officers of municipalities, chartered counties, special

16  districts, or local governmental agencies;

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

18  county purposes, including extension of time therefor, relief

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

20  relief of their sureties from liability;

21         (3)  Rules of evidence in any court;

22         (4)  Punishment for crime;

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

24  except establishment of jury commissions;

25         (6)  Change of civil or criminal venue;

26         (7)  Conditions precedent to bringing any civil or

27  criminal proceedings, or limitations of time therefor;

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

29  fines, penalties, or forfeitures;

30  

31  

                                  22

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  on private contracts;

 4         (10)  Disposal of public property, including any

 5  interest therein, for private purposes;

 6         (11)  Vacation of roads;

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

 8  private corporation;

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

10  instruments, or change in the law of descent;

11         (14)  Change of name of any person;

12         (15)  Divorce;

13         (16)  Legitimation or adoption of persons;

14         (17)  Relief of minors from legal disabilities;

15         (18)  Transfer of any property interest of persons

16  under legal disabilities or of estates of decedents;

17         (19)  Hunting or freshwater fresh water fishing;

18         (20)  Regulation of occupations which are regulated by

19  a state agency; or

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

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

22  law may be amended or repealed by like vote.

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

24  subjects, political subdivisions or other governmental

25  entities may be classified only on a basis reasonably related

26  to the subject of the law.

27         SECTION 12.  Appropriation bills.--Laws making

28  appropriations for salaries of public officers and other

29  current expenses of the state shall contain provisions on no

30  other subject.

31  

                                  23

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  provided herein.

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

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

 6  those expressly exempted, and there may be created civil

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

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

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

10  boards as are necessary to prescribe the qualifications,

11  method of selection, and tenure of such employees and

12  officers.

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

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

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

16  numbers of which are multiples of four and those from

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

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

19  following a reapportionment, some senators shall be elected

20  for terms of two years when necessary to maintain staggered

21  terms.

22         (b)  REPRESENTATIVES.  Members of the house of

23  representatives shall be elected for terms of two years in

24  each even-numbered year.

25         (c)  QUALIFICATIONS.  Each legislator shall be at least

26  twenty-one years of age, an elector and resident of the

27  district from which elected and shall have resided in the

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

29         (d)  ASSUMING OFFICE; VACANCIES.  Members of the

30  legislature shall take office upon election.  Vacancies in a

31  

                                  24

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  legislative office shall be filled only by election as

 2  provided by law.

 3         SECTION 16.  Legislative apportionment.--

 4         (a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.  The

 5  legislature at its regular session in the second year

 6  following each decennial census, by joint resolution, shall

 7  apportion the state in accordance with the constitution of the

 8  state and of the United States into not less than thirty nor

 9  more than forty consecutively numbered senatorial districts of

10  either contiguous, overlapping, or identical territory, and

11  into not less than eighty nor more than one hundred twenty

12  consecutively numbered representative districts of either

13  contiguous, overlapping, or identical territory.  Should that

14  session adjourn without adopting such joint resolution, the

15  governor by proclamation shall reconvene the legislature

16  within thirty days in special apportionment session which

17  shall not exceed thirty consecutive days, during which no

18  other business shall be transacted, and it shall be the

19  mandatory duty of the legislature to adopt a joint resolution

20  of apportionment.

21         (b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL

22  REAPPORTIONMENT.  In the event a special apportionment session

23  of the legislature finally adjourns without adopting a joint

24  resolution of apportionment, the attorney general shall,

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

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

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

28  the custodian of state records an order making such

29  apportionment.

30         (c)  JUDICIAL REVIEW OF APPORTIONMENT.  Within fifteen

31  days after the passage of the joint resolution of

                                  25

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  apportionment, the attorney general shall petition the supreme

 2  court of the state for a declaratory judgment determining the

 3  validity of the apportionment.  The supreme court, in

 4  accordance with its rules, shall permit adversary interests to

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

 6  the petition, shall enter its judgment.

 7         (d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY

 8  APPORTIONMENT SESSION.  A judgment of the supreme court of the

 9  state determining the apportionment to be valid shall be

10  binding upon all the citizens of the state.  Should the

11  supreme court determine that the apportionment made by the

12  legislature is invalid, the governor by proclamation shall

13  reconvene the legislature within five days thereafter in an

14  extraordinary apportionment session which shall not exceed

15  fifteen days, during which the legislature shall adopt a joint

16  resolution of apportionment conforming to the judgment of the

17  supreme court.

18         (e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF

19  APPORTIONMENT.  Within fifteen days after the adjournment of

20  an extraordinary apportionment session, the attorney general

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

22  setting forth the apportionment resolution adopted by the

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

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

25  resolution of apportionment shall be had as provided for in

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

27  apportionment session.

28         (f)  JUDICIAL REAPPORTIONMENT.  Should an extraordinary

29  apportionment session fail to adopt a resolution of

30  apportionment or should the supreme court determine that the

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

                                  26

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  sixty days after receiving the petition of the attorney

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

 3  making such apportionment.

 4         SECTION 17.  Impeachment.--

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

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

 7  courts of appeal, judges of circuit courts, and judges of

 8  county courts shall be liable to impeachment for misdemeanor

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

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

11  the house of representatives shall have power at any time to

12  appoint a committee to investigate charges against any officer

13  subject to impeachment.

14         (b)  An officer impeached by the house of

15  representatives shall be disqualified from performing any

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

17  impeached, the governor may by appointment fill the office

18  until completion of the trial.

19         (c)  All impeachments by the house of representatives

20  shall be tried by the senate.  The chief justice of the

21  supreme court, or another justice designated by the chief

22  justice, shall preside at the trial, except in a trial of the

23  chief justice, in which case the governor shall preside.  The

24  senate shall determine the time for the trial of any

25  impeachment and may sit for the trial whether the house of

26  representatives be in session or not. The time fixed for trial

27  shall not be more than six months after the impeachment.

28  During an impeachment trial senators shall be upon their oath

29  or affirmation. No officer shall be convicted without the

30  concurrence of two-thirds of the members of the senate

31  present.  Judgment of conviction in cases of impeachment shall

                                  27

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  remove the offender from office and, in the discretion of the

 2  senate, may include disqualification to hold any office of

 3  honor, trust, or profit. Conviction or acquittal shall not

 4  affect the civil or criminal responsibility of the officer.

 5         SECTION 18.  Conflict of Interest.--A code of ethics

 6  for all state employees and nonjudicial officers prohibiting

 7  conflict between public duty and private interests shall be

 8  prescribed by law.

 9         SECTION 19.  State Budgeting, Planning and

10  Appropriations Processes.--

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

12  law shall prescribe the adoption of annual state budgetary and

13  planning processes and require that detail reflecting the

14  annualized costs of the state budget and reflecting the

15  nonrecurring costs of the budget requests shall accompany

16  state department and agency legislative budget requests, the

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

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

19  "agency" shall include the judicial branch.

20         (b)  APPROPRIATION BILLS FORMAT.  Separate sections

21  within the general appropriation bill shall be used for each

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

23  shall include:  education enhancement "lottery" trust fund

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

25  justice and corrections; natural resources, environment,

26  growth management, and transportation; general government; and

27  judicial branch.  Each major program area shall include an

28  itemization of expenditures for:  state operations; state

29  capital outlay; aid to local governments and nonprofit

30  organizations operations; aid to local governments and

31  nonprofit organizations capital outlay; federal funds and the

                                  28

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  associated state matching funds; spending authorizations for

 2  operations; and spending authorizations for capital outlay.

 3  Additionally, appropriation bills passed by the legislature

 4  shall include an itemization of specific appropriations that

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

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

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

 8  law.  This itemization threshold shall be adjusted by general

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

10  deflation as indicated in the Consumer Price Index for All

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

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

13  Bureau of Labor Statistics or its successor. Substantive bills

14  containing appropriations shall also be subject to the

15  itemization requirement mandated under this provision and

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

17  power described in Article III, Section 8.  This subsection

18  shall be effective July 1, 1994.

19         (c)  APPROPRIATIONS REVIEW PROCESS.  Effective July 1,

20  1993, General law shall prescribe requirements for each

21  department and agency of state government to submit a planning

22  document and supporting budget request for review by the

23  appropriations committees of both houses of the legislature.

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

25  the planning document and budget requests to those major

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

27  purposes of this subsection, the terms department and agency

28  shall include the judicial branch.

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

30  general appropriation bills shall be furnished to each member

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

                                  29

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  and the chief justice of the supreme court at least

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

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

 4  the governor.

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

 6  A final budget report shall be prepared as prescribed by

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

 8  later than the 90th day after the beginning of the fiscal

 9  year, and copies of the report shall be furnished to each

10  member of the legislature, the head of each department and

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

12  justice of the supreme court.

13         (f)  TRUST FUNDS.

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

15  public body may be created by law without a three-fifths (3/5)

16  vote of the membership of each house of the legislature in a

17  separate bill for that purpose only.

18         (2)  State trust funds in existence before the

19  effective date of this subsection shall terminate not more

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

21  State trust funds created after the effective date of this

22  subsection shall terminate not more than four years after the

23  effective date of the act authorizing the creation of the

24  trust fund.  By law the legislature may set a shorter time

25  period for which any trust fund is authorized.

26         (3)  Trust funds required by federal programs or

27  mandates; trust funds established for bond covenants,

28  indentures, or resolutions, whose revenues are legally pledged

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

30  financial requirements of any debt obligations of the state or

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

                                  30

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  trust fund containing the net annual proceeds from the Florida

 2  Education Lotteries; the Florida retirement trust fund; trust

 3  funds for institutions under the management of the Board of

 4  Regents, where such trust funds are for auxiliary enterprises

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

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

 7  funds or accounts for the chief financial officer or state

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

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

10  individuals, private organizations, or other governmental

11  units; and other trust funds authorized by this Constitution,

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

13  of this subsection.

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

15  abolished under this subsection shall be deposited into the

16  general revenue fund.

17         (5)  The provisions of this subsection shall be

18  effective November 4, 1992.

19         (g)  BUDGET STABILIZATION FUND.  Beginning with the

20  1994-1995 fiscal year, at least 1% of an amount equal to the

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

22  general revenue fund shall be retained in a budget

23  stabilization fund. The budget stabilization fund shall be

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

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

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

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

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

29  the budget stabilization fund shall be maintained at an amount

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

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

                                  31

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  The budget stabilization fund's principal balance shall not

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

 3  completed fiscal year's net revenue collections for the

 4  general revenue fund.  The legislature shall provide criteria

 5  for withdrawing funds from the budget stabilization fund in a

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

 7  of covering revenue shortfalls of the general revenue fund or

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

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

10  restoration of this fund.  The budget stabilization fund shall

11  be comprised of funds not otherwise obligated or committed for

12  any purpose.

13         (h)  STATE PLANNING DOCUMENT AND DEPARTMENT AND AGENCY

14  PLANNING DOCUMENT PROCESSES.  The governor shall recommend to

15  the legislature biennially any revisions to the state planning

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

17  biennial review and revision of the state planning document,

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

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

20  shall require all departments and agencies of state government

21  to develop planning documents consistent with the state

22  planning document. The state planning document and department

23  and agency planning documents shall remain subject to review

24  and revision by the legislature.  The department and agency

25  planning documents shall include a prioritized listing of

26  planned expenditures for review and possible reduction in the

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

28  ensure productivity and efficiency in the executive,

29  legislative, and judicial branches, a quality management and

30  accountability program shall be implemented by general law.

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

                                  32

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  subsection shall be effective July 1, 1993.

 3                            ARTICLE IV

 4                            EXECUTIVE

 5         SECTION 1.  Governor.--

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

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

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

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

10  faithfully executed, commission all officers of the state and

11  counties, and transact all necessary business with the

12  officers of government. The governor may require information

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

14  or municipal officers upon any subject relating to the duties

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

16  administrative officer of the state responsible for the

17  planning and budgeting for the state.

18         (b)  The governor may initiate judicial proceedings in

19  the name of the state against any executive or administrative

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

21  any duty or restrain any unauthorized act.

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

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

24  any portion of this constitution upon any question affecting

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

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

27  persons to be heard on the questions presented and shall

28  render their written opinion not earlier than ten days from

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

30  judgment the delay would cause public injury.

31  

                                  33

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  state, suppress insurrection, or repel invasion.

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

 5  each regular session inform the legislature concerning the

 6  condition of the state, propose such reorganization of the

 7  executive department as will promote efficiency and economy,

 8  and recommend measures in the public interest.

 9         (f)  When not otherwise provided for in this

10  constitution, the governor shall fill by appointment any

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

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

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

14  otherwise until the first Tuesday after the first Monday

15  following the next general election.

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

17  lieutenant governor, who shall perform such duties pertaining

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

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

20  other duties as may be prescribed by law.

21         SECTION 3.  Succession to office of governor; acting

22  governor.--

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

24  lieutenant governor shall become governor.  Further succession

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

26  successor shall serve for the remainder of the term.

27         (b)  Upon impeachment of the governor and until

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

29  or mental incapacity, the lieutenant governor shall act as

30  governor. Further succession as acting governor shall be

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

                                  34

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  determined by the supreme court upon due notice after

 2  docketing of a written suggestion thereof by three cabinet

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

 4  similarly determined after docketing of written suggestion

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

 6  members.  Incapacity to serve as governor may also be

 7  established by certificate filed with the custodian of state

 8  records by the governor declaring incapacity for physical

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

10  capacity shall be similarly established.

11         SECTION 4.  Cabinet.--

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

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

14  agriculture. In addition to the powers and duties specified

15  herein, they shall exercise such powers and perform such

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

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

18  voted shall be deemed to prevail.

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

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

21  general the position of statewide prosecutor. The statewide

22  prosecutor shall have concurrent jurisdiction with the state

23  attorneys to prosecute violations of criminal laws occurring

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

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

26  affecting or has affected two or more judicial circuits as

27  provided by general law. The statewide prosecutor shall be

28  appointed by the attorney general from not less than three

29  persons nominated by the judicial nominating commission for

30  the supreme court, or as otherwise provided by general law.

31  

                                  35

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

 4  funds and securities.

 5         (d)  The commissioner of agriculture shall have

 6  supervision of matters pertaining to agriculture except as

 7  otherwise provided by law.

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

 9  officer, and the attorney general shall constitute the state

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

11  control, and authority of the state board of administration

12  established pursuant to Article IX, Section 16 of the

13  Constitution of 1885, and which shall continue as a body at

14  least for the life of Article XII, Section 9(c).

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

16  officer, the attorney general, and the commissioner of

17  agriculture shall constitute the trustees of the internal

18  improvement trust fund and the land acquisition trust fund as

19  provided by law.

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

21  officer, the attorney general, and the commissioner of

22  agriculture shall constitute the agency head of the Department

23  of Law Enforcement.

24         SECTION 5.  Election of governor, lieutenant governor,

25  and cabinet members; qualifications; terms.--

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

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

28  the electors shall choose a governor and a lieutenant governor

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

30  beginning on the first Tuesday after the first Monday in

31  January of the succeeding year. In primary elections,

                                  36

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  candidates for the office of governor may choose to run

 2  without a lieutenant governor candidate. In the general

 3  election, all candidates for the offices of governor and

 4  lieutenant governor shall form joint candidacies in a manner

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

 6  for a candidate for governor and a candidate for lieutenant

 7  governor running together.

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

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

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

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

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

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

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

15  consecutive terms shall be elected governor for the succeeding

16  term.

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

18  the executive branch of state government shall be allotted

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

20  those specifically provided for or authorized in this

21  constitution.  The administration of each department, unless

22  otherwise provided in this constitution, shall be placed by

23  law under the direct supervision of the governor, the

24  lieutenant governor, the governor and cabinet, a cabinet

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

26  pleasure of the governor, except:

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

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

29  required for appointment to or removal from any designated

30  statutory office.

31  

                                  37

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  engage in regulated occupations shall be assigned to

 3  appropriate departments and their members appointed for fixed

 4  terms, subject to removal only for cause.

 5         SECTION 7.  Suspensions; filling office during

 6  suspensions.--

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

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

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

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

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

12  neglect of duty, drunkenness, incompetence, permanent

13  inability to perform official duties, or commission of a

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

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

16  removal be reinstated by the governor.

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

18  remove from office or reinstate the suspended official and for

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

20  its president or by a majority of its membership.

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

22  officer indicted for a crime may be suspended from office

23  until acquitted and the office filled by appointment for the

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

25  these powers are vested elsewhere by law or the municipal

26  charter.

27         SECTION 8.  Clemency.--

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

29  impeachment results in conviction, the governor may, by

30  executive order filed with the custodian of state records,

31  suspend collection of fines and forfeitures, grant reprieves

                                  38

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  civil rights, commute punishment, and remit fines and

 4  forfeitures for offenses.

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

 6  reprieves until adjournment of the regular session of the

 7  legislature convening next after the conviction, at which

 8  session the legislature may grant a pardon or further

 9  reprieve; otherwise the sentence shall be executed.

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

11  commission with power to supervise persons on probation and to

12  grant paroles or conditional releases to persons under

13  sentences for crime.  The qualifications, method of selection

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

15  commission shall be prescribed by law.

16         SECTION 9.  Fish and wildlife conservation

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

18  commission, composed of seven members appointed by the

19  governor, subject to confirmation by the senate for staggered

20  terms of five years. The commission shall exercise the

21  regulatory and executive powers of the state with respect to

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

23  shall also exercise regulatory and executive powers of the

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

25  fees for taking wild animal life, freshwater fresh water

26  aquatic life, and marine life and penalties for violating

27  regulations of the commission shall be prescribed by general

28  law. The commission shall establish procedures to ensure

29  adequate due process in the exercise of its regulatory and

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

31  the commission, not inconsistent with this section, except

                                  39

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  exercise of executive powers in the area of planning,

 4  budgeting, personnel management, and purchasing shall be as

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

 6  taking of wild animal life and freshwater fresh water aquatic

 7  life shall be appropriated to the commission by the

 8  legislature for the purposes of management, protection, and

 9  conservation of wild animal life and freshwater fresh water

10  aquatic life. Revenue derived from license fees relating to

11  marine life shall be appropriated by the legislature for the

12  purposes of management, protection, and conservation of marine

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

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

15  includes management, research, and enforcement. Unless

16  provided by general law, the commission shall have no

17  authority to regulate matters relating to air and water

18  pollution.

19         SECTION 10.  Attorney General.--The attorney general

20  shall, as directed by general law, request the opinion of the

21  justices of the supreme court as to the validity of any

22  initiative petition circulated pursuant to Section 3 of

23  Article XI. The justices shall, subject to their rules of

24  procedure, permit interested persons to be heard on the

25  questions presented and shall render their written opinion no

26  later than April 1 of the year in which the initiative is to

27  be submitted to the voters pursuant to Section 5 of Article

28  XI.

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

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

31  of the Department of Veterans Affairs.

                                  40

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  legislature may create a Department of Elderly Affairs and

 3  prescribe its duties.  The provisions governing the

 4  administration of the department must comply with Section 6 of

 5  Article IV of the State Constitution.

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

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

 8  and cabinet may establish all necessary reductions in the

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

10  VII, Section 1(d).  The governor and cabinet shall implement

11  all necessary reductions for the executive budget, the chief

12  justice of the supreme court shall implement all necessary

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

14  house of representatives and the president of the senate shall

15  implement all necessary reductions for the legislative budget.

16  Budget reductions pursuant to this section shall be consistent

17  with the provisions of Article III, Section 19(h).

18                            ARTICLE V

19                            JUDICIARY

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

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

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

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

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

25  appellate court districts and judicial circuits following

26  county lines. Commissions established by law, or

27  administrative officers or bodies, may be granted

28  quasi-judicial power in matters connected with the functions

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

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

31  hearing civil traffic infractions.  The legislature may, by

                                  41

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  conducted by military judges of the Florida National Guard,

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

 4  Appeal, First District.

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

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

 7  practice and procedure in all courts including the time for

 8  seeking appellate review, the administrative supervision of

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

10  any proceeding when the jurisdiction of another court has been

11  improvidently invoked, and a requirement that no cause shall

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

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

14  district courts of appeal to submit questions relating to

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

16  Forces for an advisory opinion.  Rules of court may be

17  repealed by general law enacted by two-thirds vote of the

18  membership of each house of the legislature.

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

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

21  chief administrative officer of the judicial system; and shall

22  have the power to assign justices or judges, including

23  consenting retired justices or judges, to temporary duty in

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

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

26  for duty in that circuit.

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

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

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

30  shall be responsible for the administrative supervision of the

31  court.

                                  42

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  The chief judge shall be responsible for the administrative

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

 5  her circuit.

 6         SECTION 3.  Supreme court.--

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

 8  seven justices.  Of the seven justices, each appellate

 9  district shall have at least one justice elected or appointed

10  from the district to the supreme court who is a resident of

11  the district at the time of the original appointment or

12  election.  Five justices shall constitute a quorum.  The

13  concurrence of four justices shall be necessary to a decision.

14  When recusals for cause would prohibit the court from

15  convening because of the requirements of this section, judges

16  assigned to temporary duty may be substituted for justices.

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

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

19  courts imposing the death penalty and from decisions of

20  district courts of appeal declaring invalid a state statute or

21  a provision of the state constitution.

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

23  from final judgments entered in proceedings for the validation

24  of bonds or certificates of indebtedness and shall review

25  action of statewide agencies relating to rates or service of

26  utilities providing electric, gas, or telephone service.

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

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

29  expressly construes a provision of the state or federal

30  constitution, or that expressly affects a class of

31  constitutional or state officers, or that expressly and

                                  43

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  directly conflicts with a decision of another district court

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

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

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

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

 6  direct conflict with a decision of another district court of

 7  appeal.

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

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

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

11  great effect on the proper administration of justice

12  throughout the state, and certified to require immediate

13  resolution by the supreme court.

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

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

16  Appeals which is determinative of the cause and for which

17  there is no controlling precedent of the supreme court of

18  Florida.

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

20  writs necessary to the complete exercise of its jurisdiction.

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

22  state officers and state agencies.

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

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

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

26  judge.

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

28  pursuant to the provisions of Section 10 of Article IV, render

29  an advisory opinion of the justices, addressing issues as

30  provided by general law.

31  

                                  44

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

 4  directs. Their compensation shall be fixed by general law.

 5  The marshal shall have the power to execute the process of the

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

 7  sheriff or a deputy sheriff for such purpose.

 8         SECTION 4.  District courts of appeal.--

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

10  appeal serving each appellate district.  Each district court

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

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

13  necessary to a decision.

14         (b)  JURISDICTION.--

15         (1)  District courts of appeal shall have jurisdiction

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

17  final judgments or orders of trial courts, including those

18  entered on review of administrative action, not directly

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

20  review interlocutory orders in such cases to the extent

21  provided by rules adopted by the supreme court.

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

23  direct review of administrative action, as prescribed by

24  general law.

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

26  may issue writs of habeas corpus returnable before the court

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

28  territorial jurisdiction of the court.  A district court of

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

30  quo warranto, and other writs necessary to the complete

31  exercise of its jurisdiction.  To the extent necessary to

                                  45

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  district court of appeal may exercise any of the appellate

 3  jurisdiction of the circuit courts.

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

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

 6  office during the pleasure of the court and perform such

 7  duties as the court directs.  Their compensation shall be

 8  fixed by general law. The marshal shall have the power to

 9  execute the process of the court throughout the territorial

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

11  sheriff or a deputy sheriff for such purpose.

12         SECTION 5.  Circuit courts.--

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

14  serving each judicial circuit.

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

16  original jurisdiction not vested in the county courts, and

17  jurisdiction of appeals when provided by general law.  They

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

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

20  necessary or proper to the complete exercise of their

21  jurisdiction. Jurisdiction of the circuit court shall be

22  uniform throughout the state.  They shall have the power of

23  direct review of administrative action prescribed by general

24  law.

25         SECTION 6.  County courts.--

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

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

28  county court as prescribed by general law.

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

30  the jurisdiction prescribed by general law.  Such jurisdiction

31  shall be uniform throughout the state.

                                  46

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

 4  criminal trials and hearings in any place within the

 5  territorial jurisdiction of the court as designated by the

 6  chief judge of the circuit.

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

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

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

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

11  after attaining the age of seventy years except upon temporary

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

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

14  the supreme court or judge of a district court of appeal

15  unless the person is, and has been for the preceding ten

16  years, a member of the bar of Florida.  No person is eligible

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

18  been for the preceding five years, a member of the bar of

19  Florida.  Unless otherwise provided by general law, no person

20  is eligible for the office of county court judge unless the

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

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

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

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

25  population of 40,000 or less if the person is a member in good

26  standing of the bar of Florida.

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

28  supreme court shall establish by rule uniform criteria for the

29  determination of the need for additional judges except supreme

30  court justices, the necessity for decreasing the number of

31  judges and for increasing, decreasing, or redefining appellate

                                  47

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  districts and judicial circuits.  If the supreme court finds

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

 3  judges or increasing, decreasing, or redefining appellate

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

 5  regular session of the legislature, certify to the legislature

 6  its findings and recommendations concerning such need.  Upon

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

 8  regular session, shall consider the findings and

 9  recommendations and may reject the recommendations or by law

10  implement the recommendations in whole or in part; provided

11  the legislature may create more judicial offices than are

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

13  judicial offices by a greater number than recommended by the

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

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

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

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

18  findings as provided above when need exists, the legislature

19  may by concurrent resolution request the court to certify its

20  findings and recommendations and upon the failure of the court

21  to certify its findings for nine consecutive months, the

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

23  membership of both houses of the legislature that a need

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

25  decrease, or redefine appellate districts and judicial

26  circuits.

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

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

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

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

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

                                  48

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

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

 5  Judge) ...(name of justice or judge)... of the ...(name of the

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

 7  qualified electors voting within the territorial jurisdiction

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

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

10  judge retained shall commence on the first Tuesday after the

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

12  majority of the qualified electors voting within the

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

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

15  term being served by the justice or judge.

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

17  preserved notwithstanding the provisions of subsection (a)

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

19  circuit approves a local option to select circuit judges by

20  merit selection and retention rather than by election.  The

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

22  electors within the territorial jurisdiction of the court.

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

24  preserved notwithstanding the provisions of subsection (a)

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

26  county approves a local option to select county judges by

27  merit selection and retention rather than by election.  The

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

29  qualified electors within the territorial jurisdiction of the

30  court.

31  

                                  49

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  circuit court judges and county court judges by merit

 3  selection and retention rather than by election shall be held

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

 5  2000. If a vote to exercise this local option fails in a vote

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

 7  of the electors of that jurisdiction until the expiration of

 8  at least two years.

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

10  local option for merit selection and retention or the election

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

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

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

14  the circuit in the last preceding election in which

15  presidential electors were chosen.

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

17  local option for merit selection and retention or the election

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

19  with the supervisor of elections a petition signed by the

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

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

22  presidential electors were chosen. The terms of circuit judges

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

24         SECTION 11.  Vacancies.--

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

26  which election for retention applies, the governor shall fill

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

28  Tuesday after the first Monday in January of the year

29  following the next general election occurring at least one

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

31  

                                  50

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  three persons nor more than six persons nominated by the

 2  appropriate judicial nominating commission.

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

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

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

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

 7  of the year following the next primary and general election

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

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

10  nominated by the appropriate judicial nominating commission.

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

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

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

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

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

16  governor shall make the appointment within sixty days after

17  the nominations have been certified to the governor.

18         (d)  There shall be a separate judicial nominating

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

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

21  all trial courts within the circuit.  Uniform rules of

22  procedure shall be established by the judicial nominating

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

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

25  majority vote of the membership of each house of the

26  legislature, or by the supreme court, five justices

27  concurring. Except for deliberations of the judicial

28  nominating commissions, the proceedings of the commissions and

29  their records shall be open to the public.

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

31  

                                  51

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

 2  qualifications commission is created.

 3         (1)  There shall be a judicial qualifications

 4  commission vested with jurisdiction to investigate and

 5  recommend to the Supreme Court of Florida the removal from

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

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

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

 9  demonstrates a present unfitness to hold office, and to

10  investigate and recommend the discipline of a justice or judge

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

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

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

14  of this section, discipline is defined as any or all of the

15  following: reprimand, fine, suspension with or without pay, or

16  lawyer discipline. The commission shall have jurisdiction over

17  justices and judges regarding allegations that misconduct

18  occurred before or during service as a justice or judge if a

19  complaint is made no later than one year following service as

20  a justice or judge. The commission shall have jurisdiction

21  regarding allegations of incapacity during service as a

22  justice or judge.  The commission shall be composed of:

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

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

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

26  selected by the judges of those courts;

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

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

29  governing body of the bar of Florida; and

30  

31  

                                  52

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

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

 4         (2)  The members of the judicial qualifications

 5  commission shall serve staggered terms, not to exceed six

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

 7  commission except a judge shall be eligible for state judicial

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

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

10  shall hold office in a political party or participate in any

11  campaign for judicial office or hold public office; provided

12  that a judge may campaign for judicial office and hold that

13  office.  The commission shall elect one of its members as its

14  chairperson.

15         (3)  Members of the judicial qualifications commission

16  not subject to impeachment shall be subject to removal from

17  the commission pursuant to the provisions of Article IV,

18  Section 7, Florida Constitution.

19         (4)  The commission shall adopt rules regulating its

20  proceedings, the filling of vacancies by the appointing

21  authorities, the disqualification of members, the rotation of

22  members between the panels, and the temporary replacement of

23  disqualified or incapacitated members.  The commission's

24  rules, or any part thereof, may be repealed by general law

25  enacted by a majority vote of the membership of each house of

26  the legislature, or by the supreme court, five justices

27  concurring. The commission shall have power to issue

28  subpoenas. Until formal charges against a justice or judge are

29  filed by the investigative panel with the clerk of the supreme

30  court of Florida all proceedings by or before the commission

31  shall be confidential; provided, however, upon a finding of

                                  53

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  probable cause and the filing by the investigative panel with

 2  said clerk of such formal charges against a justice or judge

 3  such charges and all further proceedings before the commission

 4  shall be public.

 5         (5)  The commission shall have access to all

 6  information from all executive, legislative, and judicial

 7  agencies, including grand juries, subject to the rules of the

 8  commission.  At any time, on request of the speaker of the

 9  house of representatives or the governor, the commission shall

10  make available all information in the possession of the

11  commission for use in consideration of impeachment or

12  suspension, respectively.

13         (b)  PANELS.--The commission shall be divided into an

14  investigative panel and a hearing panel as established by rule

15  of the commission. The investigative panel is vested with the

16  jurisdiction to receive or initiate complaints, conduct

17  investigations, dismiss complaints, and upon a vote of a

18  simple majority of the panel submit formal charges to the

19  hearing panel. The hearing panel is vested with the authority

20  to receive and hear formal charges from the investigative

21  panel and upon a two-thirds vote of the panel recommend to the

22  supreme court the removal of a justice or judge or the

23  involuntary retirement of a justice or judge for any permanent

24  disability that seriously interferes with the performance of

25  judicial duties. Upon a simple majority vote of the membership

26  of the hearing panel, the panel may recommend to the supreme

27  court that the justice or judge be subject to appropriate

28  discipline.

29         (c)  SUPREME COURT.--The supreme court shall receive

30  recommendations from the judicial qualifications commission's

31  hearing panel.

                                  54

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (1)  The supreme court may accept, reject, or modify in

 2  whole or in part the findings, conclusions, and

 3  recommendations of the commission and it may order that the

 4  justice or judge be subjected to appropriate discipline, or be

 5  removed from office with termination of compensation for

 6  willful or persistent failure to perform judicial duties or

 7  for other conduct unbecoming a member of the judiciary

 8  demonstrating a present unfitness to hold office, or be

 9  involuntarily retired for any permanent disability that

10  seriously interferes with the performance of judicial duties.

11  Mala fides Malafides, scienter, or moral turpitude on the part

12  of a justice or judge shall not be required for removal from

13  office of a justice or judge whose conduct demonstrates a

14  present unfitness to hold office.  After the filing of a

15  formal proceeding and upon request of the investigative panel,

16  the supreme court may suspend the justice or judge from

17  office, with or without compensation, pending final

18  determination of the inquiry.

19         (2)  The supreme court may award costs to the

20  prevailing party.

21         (d)  The power of removal conferred by this section

22  shall be both alternative and cumulative to the power of

23  impeachment.

24         (e)  Notwithstanding any of the foregoing provisions of

25  this section, if the person who is the subject of proceedings

26  by the judicial qualifications commission is a justice of the

27  supreme court of Florida all justices of such court

28  automatically shall be disqualified to sit as justices of such

29  court with respect to all proceedings therein concerning such

30  person and the supreme court for such purposes shall be

31  composed of a panel consisting of the seven chief judges of

                                  55

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  the judicial circuits of the state of Florida most senior in

 2  tenure of judicial office as circuit judge. For purposes of

 3  determining seniority of such circuit judges in the event

 4  there be judges of equal tenure in judicial office as circuit

 5  judge, the judge or judges from the lower numbered circuit or

 6  circuits shall be deemed senior. In the event any such chief

 7  circuit judge is under investigation by the judicial

 8  qualifications commission or is otherwise disqualified or

 9  unable to serve on the panel, the next most senior chief

10  circuit judge or judges shall serve in place of such

11  disqualified or disabled chief circuit judge.

12         (f)  SCHEDULE TO SECTION 12.--

13         (1)  Except to the extent inconsistent with the

14  provisions of this section, all provisions of law and rules of

15  court in force on the effective date of this article shall

16  continue in effect until superseded in the manner authorized

17  by the constitution.

18         (2)  After this section becomes effective and until

19  adopted by rule of the commission consistent with it:

20         a.  The commission shall be divided, as determined by

21  the chairperson, into one investigative panel and one hearing

22  panel to meet the responsibilities set forth in this section.

23         b.  The investigative panel shall be composed of:

24         1.  Four judges,

25         2.  Two members of the bar of Florida, and

26         3.  Three non-lawyers.

27         c.  The hearing panel shall be composed of:

28         1.  Two judges,

29         2.  Two members of the bar of Florida, and

30         3.  Two non-lawyers.

31  

                                  56

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         d.  Membership on the panels may rotate in a manner

 2  determined by the rules of the commission provided that no

 3  member shall vote as a member of the investigative and hearing

 4  panel on the same proceeding.

 5         e.  The commission shall hire separate staff for each

 6  panel.

 7         f.  The members of the commission shall serve for

 8  staggered terms of six years.

 9         g.  The terms of office of the present members of the

10  judicial qualifications commission shall expire upon the

11  effective date of the amendments to this section approved by

12  the legislature during the regular session of the legislature

13  in 1996, and new members shall be appointed to serve the

14  following staggered terms:

15         1.  Group I.--The terms of five members, composed of

16  two electors as set forth in s. 12(a)(1)c. of Article V, one

17  member of the bar of Florida as set forth in s. 12(a)(1)b. of

18  Article V, one judge from the district courts of appeal, and

19  one circuit judge as set forth in s. 12(a)(1)a. of Article V,

20  shall expire on December 31, 1998.

21         2.  Group II.--The terms of five members, composed of

22  one elector as set forth in s. 12(a)(1)c. of Article V, two

23  members of the bar of Florida as set forth in s. 12(a)(1)b. of

24  Article V, one circuit judge, and one county judge as set

25  forth in s. 12(a)(1)a. of Article V shall expire on December

26  31, 2000.

27         3.  Group III.--The terms of five members, composed of

28  two electors as set forth in s. 12(a)(1)c. of Article V, one

29  member of the bar of Florida as set forth in s. 12(a)(1)b.,

30  one judge from the district courts of appeal, and one county

31  

                                  57

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  judge as set forth in s. 12(a)(1)a. of Article V, shall expire

 2  on December 31, 2002.

 3         h.  An appointment to fill a vacancy of the commission

 4  shall be for the remainder of the term.

 5         i.  Selection of members by district courts of appeal

 6  judges, circuit judges, and county court judges, shall be by

 7  no less than a majority of the members voting at the

 8  respective courts' conferences. Selection of members by the

 9  board of governors of the bar of Florida shall be by no less

10  than a majority of the board.

11         j.  The commission shall be entitled to recover the

12  costs of investigation and prosecution, in addition to any

13  penalty levied by the supreme court.

14         k.  The compensation of members and referees shall be

15  the travel expenses or transportation and per diem allowance

16  as provided by general law.

17         SECTION 13.  Prohibited activities.--All justices and

18  judges shall devote full time to their judicial duties.  They

19  shall not engage in the practice of law or hold office in any

20  political party.

21         SECTION 14.  Funding.--

22         (a)  All justices and judges shall be compensated only

23  by state salaries fixed by general law.  Funding for the state

24  courts system, state attorneys' offices, public defenders'

25  offices, and court-appointed counsel, except as otherwise

26  provided in subsection (c), shall be provided from state

27  revenues appropriated by general law.

28         (b)  All funding for the offices of the clerks of the

29  circuit and county courts performing court-related functions,

30  except as otherwise provided in this subsection and subsection

31  (c), shall be provided by adequate and appropriate filing fees

                                  58

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  for judicial proceedings and service charges and costs for

 2  performing court-related functions as required by general law.

 3  Selected salaries, costs, and expenses of the state courts

 4  system may be funded from appropriate filing fees for judicial

 5  proceedings and service charges and costs for performing

 6  court-related functions, as provided by general law.  Where

 7  the requirements of either the United States Constitution or

 8  the Constitution of the State of Florida preclude the

 9  imposition of filing fees for judicial proceedings and service

10  charges and costs for performing court-related functions

11  sufficient to fund the court-related functions of the offices

12  of the clerks of the circuit and county courts, the state

13  shall provide, as determined by the legislature, adequate and

14  appropriate supplemental funding from state revenues

15  appropriated by general law.

16         (c)  No county or municipality, except as provided in

17  this subsection, shall be required to provide any funding for

18  the state courts system, state attorneys' offices, public

19  defenders' offices, court-appointed counsel, or the offices of

20  the clerks of the circuit and county courts performing

21  court-related functions. Counties shall be required to fund

22  the cost of communications services, existing radio systems,

23  existing multi-agency criminal justice information systems,

24  and the cost of construction or lease, maintenance, utilities,

25  and security of facilities for the trial courts, public

26  defenders' offices, state attorneys' offices, and the offices

27  of the clerks of the circuit and county courts performing

28  court-related functions. Counties shall also pay reasonable

29  and necessary salaries, costs, and expenses of the state

30  courts system to meet local requirements as determined by

31  general law.

                                  59

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (d)  The judiciary shall have no power to fix

 2  appropriations.

 3         SECTION 15.  Attorneys; admission and discipline.--The

 4  supreme court shall have exclusive jurisdiction to regulate

 5  the admission of persons to the practice of law and the

 6  discipline of persons admitted.

 7         SECTION 16.  Clerks of the circuit courts.--There shall

 8  be in each county a clerk of the circuit court who shall be

 9  selected pursuant to the provisions of Article VIII, Section

10  1.  Notwithstanding any other provision of the constitution,

11  the duties of the clerk of the circuit court may be divided by

12  special or general law between two officers, one serving as

13  clerk of court and one serving as ex officio clerk of the

14  board of county commissioners, auditor, recorder, and

15  custodian of all county funds.  There may be a clerk of the

16  county court if authorized by general or special law.

17         SECTION 17.  State attorneys.--In each judicial

18  circuit, a state attorney shall be elected for a term of four

19  years.  Except as otherwise provided in this constitution, the

20  state attorney shall be the prosecuting officer of all trial

21  courts in that circuit and shall perform other duties

22  prescribed by general law; provided, however, when authorized

23  by general law, the violations of all municipal ordinances may

24  be prosecuted by municipal prosecutors.  A state attorney

25  shall be an elector of the state and reside in the territorial

26  jurisdiction of the circuit,; shall be and have been a member

27  of the bar of Florida for the preceding five years,; shall

28  devote full time to the duties of the office,; and shall not

29  engage in the private practice of law.  State attorneys shall

30  appoint such assistant state attorneys as may be authorized by

31  law.

                                  60

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         SECTION 18.  Public defenders.--In each judicial

 2  circuit, a public defender shall be elected for a term of four

 3  years, who shall perform duties prescribed by general law.  A

 4  public defender shall be an elector of the state and reside in

 5  the territorial jurisdiction of the circuit and shall be and

 6  have been a member of the bar of Florida for the preceding

 7  five years.  Public defenders shall appoint such assistant

 8  public defenders as may be authorized by law.

 9         SECTION 19.  Judicial officers as conservators of the

10  peace.--All judicial officers in this state shall be

11  conservators of the peace.

12         SECTION 20.  Schedule to Article V.--

13         (a)  This article shall replace all of Article V of the

14  Constitution of 1885, as amended, which shall then stand

15  repealed.

16         (b)  Except to the extent inconsistent with the

17  provisions of this article, all provisions of law and rules of

18  court in force on the effective date of this article shall

19  continue in effect until superseded in the manner authorized

20  by the constitution.

21         (c)  After this article becomes effective, and until

22  changed by general law consistent with sections 1 through 19

23  of this article:

24         (1)  The supreme court shall have the jurisdiction

25  immediately theretofore exercised by it, and it shall

26  determine all proceedings pending before it on the effective

27  date of this article.

28         (2)  The appellate districts shall be those in

29  existence on the date of adoption of this article.  There

30  shall be a district court of appeal in each district.  The

31  district courts of appeal shall have the jurisdiction

                                  61

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  immediately theretofore exercised by the district courts of

 2  appeal and shall determine all proceedings pending before them

 3  on the effective date of this article.

 4         (3)  Circuit courts shall have jurisdiction of appeals

 5  from county courts and municipal courts, except those appeals

 6  which may be taken directly to the supreme court; and they

 7  shall have exclusive original jurisdiction in all actions at

 8  law not cognizable by the county courts; of proceedings

 9  relating to the settlement of the estate of decedents and

10  minors, the granting of letters testamentary, guardianship,

11  involuntary hospitalization, the determination of

12  incompetency, and other jurisdiction usually pertaining to

13  courts of probate; in all cases in equity including all cases

14  relating to juveniles; of all felonies and of all misdemeanors

15  arising out of the same circumstances as a felony which is

16  also charged; in all cases involving legality of any tax

17  assessment or toll; in the action of ejectment; and in all

18  actions involving the titles or boundaries or right of

19  possession of real property.  The circuit court may issue

20  injunctions.  There shall be judicial circuits which shall be

21  the judicial circuits in existence on the date of adoption of

22  this article.  The chief judge of a circuit may authorize a

23  county court judge to order emergency hospitalizations

24  pursuant to Chapter 71-131, Laws of Florida, in the absence

25  from the county of the circuit judge and the county court

26  judge shall have the power to issue all temporary orders and

27  temporary injunctions necessary or proper to the complete

28  exercise of such jurisdiction.

29         (4)  County courts shall have original jurisdiction in

30  all criminal misdemeanor cases not cognizable by the circuit

31  courts, of all violations of municipal and county ordinances,

                                  62

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  and of all actions at law in which the matter in controversy

 2  does not exceed the sum of two thousand five hundred dollars

 3  ($2,500.00) exclusive of interest and costs, except those

 4  within the exclusive jurisdiction of the circuit courts.

 5  Judges of county courts shall be committing magistrates.  The

 6  county courts shall have jurisdiction now exercised by the

 7  county judge's courts other than that vested in the circuit

 8  court by subsection (c)(3) hereof, the jurisdiction now

 9  exercised by the county courts, the claims court, the small

10  claims courts, the small claims magistrates courts,

11  magistrates courts, justice of the peace courts, municipal

12  courts and courts of chartered counties, including but not

13  limited to the counties referred to in Article VIII, sections

14  9, 10, 11 and 24 of the Constitution of 1885.

15         (5)  Each judicial nominating commission shall be

16  composed of the following:

17         a.  Three members appointed by the Board of Governors

18  of The Florida Bar from among The Florida Bar members who are

19  actively engaged in the practice of law with offices within

20  the territorial jurisdiction of the affected court, district

21  or circuit;

22         b.  Three electors who reside in the territorial

23  jurisdiction of the court or circuit appointed by the

24  governor; and

25         c.  Three electors who reside in the territorial

26  jurisdiction of the court or circuit and who are not members

27  of the bar of Florida, selected and appointed by a majority

28  vote of the other six members of the commission.

29         (6)  No justice or judge shall be a member of a

30  judicial nominating commission.  A member of a judicial

31  nominating commission may hold public office other than

                                  63

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  judicial office.  No member shall be eligible for appointment

 2  to state judicial office so long as that person is a member of

 3  a judicial nominating commission and for a period of two years

 4  thereafter.  All acts of a judicial nominating commission

 5  shall be made with a concurrence of a majority of its members.

 6         (7)  The members of a judicial nominating commission

 7  shall serve for a term of four years except the terms of the

 8  initial members of the judicial nominating commissions shall

 9  expire as follows:

10         a.  The terms of one member of category a. b. and c. in

11  subsection (c)(5) hereof shall expire on July 1, 1974;

12         b.  The terms of one member of category a. b. and c. in

13  subsection (c)(5) hereof shall expire on July 1, 1975;

14         c.  The terms of one member of category a. b. and c. in

15  subsection (c)(5) hereof shall expire on July 1, 1976;

16         (8)  All fines and forfeitures arising from offenses

17  tried in the county court shall be collected, and accounted

18  for by clerk of the court, and deposited in a special trust

19  account.  All fines and forfeitures received from violations

20  of ordinances or misdemeanors committed within a county or

21  municipal ordinances committed within a municipality within

22  the territorial jurisdiction of the county court shall be paid

23  monthly to the county or municipality respectively.  If any

24  costs are assessed and collected in connection with offenses

25  tried in county court, all court costs shall be paid into the

26  general revenue fund of the state of Florida and such other

27  funds as prescribed by general law.

28         (9)  Any municipality or county may apply to the chief

29  judge of the circuit in which that municipality or county is

30  situated for the county court to sit in a location suitable to

31  the municipality or county and convenient in time and place to

                                  64

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  its citizens and police officers and upon such application

 2  said chief judge shall direct the court to sit in the location

 3  unless the chief judge shall determine the request is not

 4  justified. If the chief judge does not authorize the county

 5  court to sit in the location requested, the county or

 6  municipality may apply to the supreme court for an order

 7  directing the county court to sit in the location.  Any

 8  municipality or county which so applies shall be required to

 9  provide the appropriate physical facilities in which the

10  county court may hold court.

11         (10)  All courts except the supreme court may sit in

12  divisions as may be established by local rule approved by the

13  supreme court.

14         (11)  A county court judge in any county having a

15  population of 40,000 or less according to the last decennial

16  census, shall not be required to be a member of the bar of

17  Florida.

18         (12)  Municipal prosecutors may prosecute violations of

19  municipal ordinances.

20         (13)  Justice shall mean a justice elected or appointed

21  to the supreme court and shall not include any judge assigned

22  from any court.

23         (d)  When this article becomes effective:

24         (1)  All courts not herein authorized, except as

25  provided by subsection (d)(4) of this section shall cease to

26  exist and jurisdiction to conclude all pending cases and

27  enforce all prior orders and judgments shall vest in the court

28  that would have jurisdiction of the cause if thereafter

29  instituted.  All records of and property held by courts

30  abolished hereby shall be transferred to the proper office of

31  the appropriate court under this article.

                                  65

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (2)  Judges of the following courts, if their terms do

 2  not expire in 1973 and if they are eligible under subsection

 3  (d)(8) hereof, shall become additional judges of the circuit

 4  court for each of the counties of their respective circuits,

 5  and shall serve as such circuit judges for the remainder of

 6  the terms to which they were elected and shall be eligible for

 7  election as circuit judges thereafter. These courts are: civil

 8  court of record of Dade county, all criminal courts of record,

 9  the felony courts of record of Alachua, Leon, and Volusia

10  Counties, the courts of record of Broward, Brevard, Escambia,

11  Hillsborough, Lee, Manatee, and Sarasota Counties, the civil

12  and criminal court of record of Pinellas County, and county

13  judge's courts and separate juvenile courts in counties having

14  a population in excess of 100,000 according to the 1970

15  federal census.  On the effective date of this article, there

16  shall be an additional number of positions of circuit judges

17  equal to the number of existing circuit judges and the number

18  of judges of the above named courts whose term expires in

19  1973.  Elections to such offices shall take place at the same

20  time and manner as elections to other state judicial offices

21  in 1972 and the terms of such offices shall be for a term of

22  six years.  Unless changed pursuant to section nine of this

23  article, the number of circuit judges presently existing and

24  created by this subsection shall not be changed.

25         (3)  In all counties having a population of less than

26  100,000 according to the 1970 federal census and having more

27  than one county judge on the date of the adoption of this

28  article, there shall be the same number of judges of the

29  county court as there are county judges existing on that date

30  unless changed pursuant to section 9 of this article.

31  

                                  66

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (4)  Municipal courts shall continue with their same

 2  jurisdiction until amended or terminated in a manner

 3  prescribed by special or general law or ordinances, or until

 4  January 3, 1977, whichever occurs first.  On that date all

 5  municipal courts not previously abolished shall cease to

 6  exist.  Judges of municipal courts shall remain in office and

 7  be subject to reappointment or reelection in the manner

 8  prescribed by law until said courts are terminated pursuant to

 9  the provisions of this subsection.  Upon municipal courts

10  being terminated or abolished in accordance with the

11  provisions of this subsection, the judges thereof who are not

12  members of the bar of Florida, shall be eligible to seek

13  election as judges of county courts of their respective

14  counties.

15         (5)  Judges, holding elective office in all other

16  courts abolished by this article, whose terms do not expire in

17  1973 including judges established pursuant to Article VIII,

18  sections 9 and 11 of the Constitution of 1885 shall serve as

19  judges of the county court for the remainder of the term to

20  which they were elected.  Unless created pursuant to section

21  9, of this Article V such judicial office shall not continue

22  to exist thereafter.

23         (6)  By March 21, 1972, the supreme court shall certify

24  the need for additional circuit and county judges.  The

25  legislature in the 1972 regular session may by general law

26  create additional offices of judge, the terms of which shall

27  begin on the effective date of this article.  Elections to

28  such offices shall take place at the same time and manner as

29  election to other state judicial offices in 1972.

30         (6)(7)  County judges of existing county judge's courts

31  and justices of the peace and magistrates' court who are not

                                  67

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  members of bar of Florida shall be eligible to seek election

 2  as county court judges of their respective counties.

 3         (7)(8)  No judge of a court abolished by this article

 4  shall become or be eligible to become a judge of the circuit

 5  court unless the judge has been a member of bar of Florida for

 6  the preceding five years.

 7         (8)(9)  The office of judges of all other courts

 8  abolished by this article shall be abolished as of the

 9  effective date of this article.

10         (10)  The offices of county solicitor and prosecuting

11  attorney shall stand abolished, and all county solicitors and

12  prosecuting attorneys holding such offices upon the effective

13  date of this article shall become and serve as assistant state

14  attorneys for the circuits in which their counties are situate

15  for the remainder of their terms, with compensation not less

16  than that received immediately before the effective date of

17  this article.

18         (e)  LIMITED OPERATION OF SOME PROVISIONS.--

19         (1)  All justices of the supreme court, judges of the

20  district courts of appeal and circuit judges in office upon

21  the effective date of this article shall retain their offices

22  for the remainder of their respective terms.  All members of

23  the judicial qualifications commission in office upon the

24  effective date of this article shall retain their offices for

25  the remainder of their respective terms.  Each state attorney

26  in office on the effective date of this article shall retain

27  the office for the remainder of the term.

28         (1)(2)  No justice or judge holding office immediately

29  after this article becomes effective who held judicial office

30  on July 1, 1957, shall be subject to retirement from judicial

31  office because of age pursuant to section 8 of this article.

                                  68

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (f)  Until otherwise provided by law, the nonjudicial

 2  duties required of county judges shall be performed by the

 3  judges of the county court.

 4         (g)  All provisions of Article V of the Constitution of

 5  1885, as amended, not embraced herein which are not

 6  inconsistent with this revision shall become statutes subject

 7  to modification or repeal as are other statutes.

 8         (h)  The requirements of section 14 relative to all

 9  county court judges or any judge of a municipal court who

10  continues to hold office pursuant to subsection (d)(4) hereof

11  being compensated by state salaries shall not apply prior to

12  January 3, 1977, unless otherwise provided by general law.

13         (g)(i)  DELETION OF OBSOLETE SCHEDULE ITEMS.--The

14  legislature shall have power, by concurrent resolution, to

15  delete from this article any subsection of this section 20

16  including this subsection, when all events to which the

17  subsection to be deleted is or could become applicable have

18  occurred.  A legislative determination of fact made as a basis

19  for application of this subsection shall be subject to

20  judicial review.

21         (j)  EFFECTIVE DATE.--Unless otherwise provided herein,

22  this article shall become effective at 11:59 o'clock P.M.,

23  Eastern Standard Time, January 1, 1973.

24                            ARTICLE VI

25                      SUFFRAGE AND ELECTIONS

26         SECTION 1.  Regulation of elections.--All elections by

27  the people shall be by direct and secret vote.  General

28  elections shall be determined by a plurality of votes cast.

29  Registration and elections shall, and political party

30  functions may, be regulated by law; however, the requirements

31  for a candidate with no party affiliation or for a candidate

                                  69

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  of a minor party for placement of the candidate's name on the

 2  ballot shall be no greater than the requirements for a

 3  candidate of the party having the largest number of registered

 4  voters.

 5         SECTION 2.  Electors.--Every citizen of the United

 6  States who is at least eighteen years of age and who is a

 7  permanent resident of the state, if registered as provided by

 8  law, shall be an elector of the county where registered.

 9         SECTION 3.  Oath.--Each eligible citizen upon

10  registering shall subscribe the following:  "I do solemnly

11  swear (or affirm) that I will protect and defend the

12  Constitution of the United States and the Constitution of the

13  State of Florida, and that I am qualified to register as an

14  elector under the Constitution and laws of the State of

15  Florida."

16         SECTION 4.  Disqualifications.--

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

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

19  qualified to vote or hold office until restoration of civil

20  rights or removal of disability.

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

22  to any of the following offices:

23         (1)  Florida representative,

24         (2)  Florida senator,

25         (3)  Florida Lieutenant governor, or

26         (4)  Any office of the Florida cabinet,

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

28         (6)  U.S. Senator from Florida

29  

30  

31  

                                  70

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




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

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

 3  that office for eight consecutive years.

 4         SECTION 5.  Primary, general, and special elections.--

 5         (a)  A general election shall be held in each county on

 6  the first Tuesday after the first Monday in November of each

 7  even-numbered year to choose a successor to each elective

 8  state and county officer whose term will expire before the

 9  next general election and, except as provided herein, to fill

10  each vacancy in elective office for the unexpired portion of

11  the term. A general election may be suspended or delayed due

12  to a state of emergency or impending emergency pursuant to

13  general law.  Special elections and referenda shall be held as

14  provided by law.

15         (b)  If all candidates for an office have the same

16  party affiliation and the winner will have no opposition in

17  the general election, all qualified electors, regardless of

18  party affiliation, may vote in the primary elections for that

19  office.

20         SECTION 6.  Municipal and district

21  elections.--Registration and elections in municipalities

22  shall, and in other governmental entities created by statute

23  may, be provided by law.

24         SECTION 7.  Campaign spending limits and funding of

25  campaigns for elective statewide state-wide office.--It is the

26  policy of this state to provide for state-wide elections in

27  which all qualified candidates may compete effectively.  A

28  method of public financing for campaigns for state-wide office

29  shall be established by law.  Spending limits shall be

30  established for such campaigns for candidates who use public

31  funds in their campaigns.  The legislature shall provide

                                  71

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  funding for this provision. General law implementing this

 2  paragraph shall be at least as protective of effective

 3  competition by a candidate who uses public funds as the

 4  general law in effect on January 1, 1998.

 5                           ARTICLE VII

 6                       FINANCE AND TAXATION

 7         SECTION 1.  Taxation; appropriations; state expenses;

 8  state revenue limitation.--

 9         (a)  No tax shall be levied except in pursuance of law.

10  No state ad valorem taxes shall be levied upon real estate or

11  tangible personal property.  All other forms of taxation shall

12  be preempted to the state except as provided by general law.

13         (b)  Motor vehicles, boats, airplanes, trailers,

14  trailer coaches, and mobile homes, as defined by law, shall be

15  subject to a license tax for their operation in the amounts

16  and for the purposes prescribed by law, but shall not be

17  subject to ad valorem taxes.

18         (c)  No money shall be drawn from the treasury except

19  in pursuance of appropriation made by law.

20         (d)  Provision shall be made by law for raising

21  sufficient revenue to defray the expenses of the state for

22  each fiscal period.

23         (e)  Except as provided herein, state revenues

24  collected for any fiscal year shall be limited to state

25  revenues allowed under this subsection for the prior fiscal

26  year plus an adjustment for growth.  As used in this

27  subsection, "growth" means an amount equal to the average

28  annual rate of growth in Florida personal income over the most

29  recent twenty quarters times the state revenues allowed under

30  this subsection for the prior fiscal year. For the 1995-1996

31  fiscal year, the state revenues allowed under this subsection

                                  72

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  for the prior fiscal year shall equal the state revenues

 2  collected for the 1994-1995 fiscal year.  Florida personal

 3  income shall be determined by the legislature, from

 4  information available from the United States Department of

 5  Commerce or its successor on the first day of February prior

 6  to the beginning of the fiscal year. State revenues collected

 7  for any fiscal year in excess of this limitation shall be

 8  transferred to the budget stabilization fund until the fund

 9  reaches the maximum balance specified in Section 19(g) of

10  Article III, and thereafter shall be refunded to taxpayers as

11  provided by general law.  State revenues allowed under this

12  subsection for any fiscal year may be increased by a

13  two-thirds vote of the membership of each house of the

14  legislature in a separate bill that contains no other subject

15  and that sets forth the dollar amount by which the state

16  revenues allowed will be increased. The vote may not be taken

17  less than seventy-two hours after the third reading of the

18  bill.  For purposes of this subsection, "state revenues" means

19  taxes, fees, licenses, and charges for services imposed by the

20  legislature on individuals, businesses, or agencies outside

21  state government.  However, "state revenues" does not include:

22  revenues that are necessary to meet the requirements set forth

23  in documents authorizing the issuance of bonds by the state;

24  revenues that are used to provide matching funds for the

25  federal Medicaid program with the exception of the revenues

26  used to support the Public Medical Assistance Trust Fund or

27  its successor program and with the exception of state matching

28  funds used to fund elective expansions made after July 1,

29  1994; proceeds from the state lottery returned as prizes;

30  receipts of the Florida Hurricane Catastrophe Fund; balances

31  carried forward from prior fiscal years; taxes, licenses,

                                  73

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  fees, and charges for services imposed by local, regional, or

 2  school district governing bodies; or revenue from taxes,

 3  licenses, fees, and charges for services required to be

 4  imposed by any amendment or revision to this constitution

 5  after July 1, 1994. An adjustment to the revenue limitation

 6  shall be made by general law to reflect the fiscal impact of

 7  transfers of responsibility for the funding of governmental

 8  functions between the state and other levels of government.

 9  The legislature shall, by general law, prescribe procedures

10  necessary to administer this subsection.

11         SECTION 2.  Taxes; rate.--All ad valorem taxation shall

12  be at a uniform rate within each taxing unit, except the taxes

13  on intangible personal property may be at different rates but

14  shall never exceed two mills on the dollar of assessed value;

15  provided, as to any obligations secured by mortgage, deed of

16  trust, or other lien on real estate wherever located, an

17  intangible tax of not more than two mills on the dollar may be

18  levied by law to be in lieu of all other intangible

19  assessments on such obligations.

20         SECTION 3.  Taxes; exemptions.--

21         (a)  All property owned by a municipality and used

22  exclusively by it for municipal or public purposes shall be

23  exempt from taxation.  A municipality, owning property outside

24  the municipality, may be required by general law to make

25  payment to the taxing unit in which the property is located.

26  Such portions of property as are used predominantly for

27  educational, literary, scientific, religious, or charitable

28  purposes may be exempted by general law from taxation.

29         (b)  There shall be exempt from taxation, cumulatively,

30  to every head of a family residing in this state, household

31  goods and personal effects to the value fixed by general law,

                                  74

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  not less than one thousand dollars, and to every widow or

 2  widower or person who is blind or totally and permanently

 3  disabled, property to the value fixed by general law not less

 4  than five hundred dollars.

 5         (c)  Any county or municipality may, for the purpose of

 6  its respective tax levy and subject to the provisions of this

 7  subsection and general law, grant community and economic

 8  development ad valorem tax exemptions to new businesses and

 9  expansions of existing businesses, as defined by general law.

10  Such an exemption may be granted only by ordinance of the

11  county or municipality, and only after the electors of the

12  county or municipality voting on such question in a referendum

13  authorize the county or municipality to adopt such ordinances.

14  An exemption so granted shall apply to improvements to real

15  property made by or for the use of a new business and

16  improvements to real property related to the expansion of an

17  existing business and shall also apply to tangible personal

18  property of such new business and tangible personal property

19  related to the expansion of an existing business. The amount

20  or limits of the amount of such exemption shall be specified

21  by general law.  The period of time for which such exemption

22  may be granted to a new business or expansion of an existing

23  business shall be determined by general law.  The authority to

24  grant such exemption shall expire ten years from the date of

25  approval by the electors of the county or municipality, and

26  may be renewable by referendum as provided by general law.

27         (d)  By general law and subject to conditions specified

28  therein, there may be granted an ad valorem tax exemption to a

29  renewable energy source device and to real property on which

30  such device is installed and operated, to the value fixed by

31  general law not to exceed the original cost of the device, and

                                  75

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  for the period of time fixed by general law not to exceed ten

 2  years.

 3         (e)  Any county or municipality may, for the purpose of

 4  its respective tax levy and subject to the provisions of this

 5  subsection and general law, grant historic preservation ad

 6  valorem tax exemptions to owners of historic properties.  This

 7  exemption may be granted only by ordinance of the county or

 8  municipality.  The amount or limits of the amount of this

 9  exemption and the requirements for eligible properties must be

10  specified by general law.  The period of time for which this

11  exemption may be granted to a property owner shall be

12  determined by general law.

13         SECTION 4.  Taxation; assessments.--By general law

14  regulations shall be prescribed which shall secure a just

15  valuation of all property for ad valorem taxation, provided:

16         (a)  Agricultural land, land producing high water

17  recharge to Florida's aquifers, or land used exclusively for

18  noncommercial recreational purposes may be classified by

19  general law and assessed solely on the basis of character or

20  use.

21         (b)  Pursuant to general law tangible personal property

22  held for sale as stock in trade and livestock may be valued

23  for taxation at a specified percentage of its value, may be

24  classified for tax purposes, or may be exempted from taxation.

25         (c)  All persons entitled to a homestead exemption

26  under Section 6 of this Article shall have their homestead

27  assessed at just value as of January 1 of the year following

28  the effective date of this amendment.  This assessment shall

29  change only as provided herein.

30         (1)  Assessments subject to this provision shall be

31  changed annually on January 1st of each year; but those

                                  76

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  changes in assessments shall not exceed the lower of the

 2  following:

 3         a.  Three percent (3%) of the assessment for the prior

 4  year.

 5         b.  The percent change in the Consumer Price Index for

 6  all urban consumers, U.S. City Average, all items 1967=100, or

 7  successor reports for the preceding calendar year as initially

 8  reported by the United States Department of Labor, Bureau of

 9  Labor Statistics.

10         (2)  No assessment shall exceed just value.

11         (3)  After any change of ownership, as provided by

12  general law, homestead property shall be assessed at just

13  value as of January 1 of the following year.  Thereafter, the

14  homestead shall be assessed as provided herein.

15         (4)  New homestead property shall be assessed at just

16  value as of January 1st of the year following the

17  establishment of the homestead. That assessment shall only

18  change as provided herein.

19         (5)  Changes, additions, reductions, or improvements to

20  homestead property shall be assessed as provided for by

21  general law; provided, however, after the adjustment for any

22  change, addition, reduction, or improvement, the property

23  shall be assessed as provided herein.

24         (6)  In the event of a termination of homestead status,

25  the property shall be assessed as provided by general law.

26         (7)  The provisions of this amendment are severable.

27  If any of the provisions of this amendment shall be held

28  unconstitutional by any court of competent jurisdiction, the

29  decision of such court shall not affect or impair any

30  remaining provisions of this amendment.

31  

                                  77

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (d)  The legislature may, by general law, for

 2  assessment purposes and subject to the provisions of this

 3  subsection, allow counties and municipalities to authorize by

 4  ordinance that historic property may be assessed solely on the

 5  basis of character or use.  Such character or use assessment

 6  shall apply only to the jurisdiction adopting the ordinance.

 7  The requirements for eligible properties must be specified by

 8  general law.

 9         (e)  A county may, in the manner prescribed by general

10  law, provide for a reduction in the assessed value of

11  homestead property to the extent of any increase in the

12  assessed value of that property which results from the

13  construction or reconstruction of the property for the purpose

14  of providing living quarters for one or more natural or

15  adoptive grandparents or parents of the owner of the property

16  or of the owner's spouse if at least one of the grandparents

17  or parents for whom the living quarters are provided is 62

18  years of age or older. Such a reduction may not exceed the

19  lesser of the following:

20         (1)  The increase in assessed value resulting from

21  construction or reconstruction of the property.

22         (2)  Twenty percent of the total assessed value of the

23  property as improved.

24         SECTION 5.  Estate, inheritance, and income taxes.--

25         (a)  NATURAL PERSONS.  No tax upon estates or

26  inheritances or upon the income of natural persons who are

27  residents or citizens of the state shall be levied by the

28  state, or under its authority, in excess of the aggregate of

29  amounts which may be allowed to be credited upon or deducted

30  from any similar tax levied by the United States or any state.

31  

                                  78

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (b)  OTHERS.  No tax upon the income of residents and

 2  citizens other than natural persons shall be levied by the

 3  state, or under its authority, in excess of five percent 5% of

 4  net income, as defined by law, or at such greater rate as is

 5  authorized by a three-fifths (3/5) vote of the membership of

 6  each house of the legislature or as will provide for the state

 7  the maximum amount which may be allowed to be credited against

 8  income taxes levied by the United States and other states.

 9  There shall be exempt from taxation not less than five

10  thousand dollars ($5,000) of the excess of net income subject

11  to tax over the maximum amount allowed to be credited against

12  income taxes levied by the United States and other states.

13         (c)  EFFECTIVE DATE.  This section shall become

14  effective immediately upon approval by the electors of

15  Florida.

16         SECTION 6.  Homestead exemptions.--

17         (a)  Every person who has the legal or equitable title

18  to real estate and maintains thereon the permanent residence

19  of the owner, or another legally or naturally dependent upon

20  the owner, shall be exempt from taxation thereon, except

21  assessments for special benefits, up to the assessed valuation

22  of five thousand dollars, upon establishment of right thereto

23  in the manner prescribed by law.  The real estate may be held

24  by legal or equitable title, by the entireties, jointly, in

25  common, as a condominium, or indirectly by stock ownership or

26  membership representing the owner's or member's proprietary

27  interest in a corporation owning a fee or a leasehold

28  initially in excess of ninety-eight years.

29         (b)  Not more than one exemption shall be allowed any

30  individual or family unit or with respect to any residential

31  unit. No exemption shall exceed the value of the real estate

                                  79

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  assessable to the owner or, in case of ownership through stock

 2  or membership in a corporation, the value of the proportion

 3  which the interest in the corporation bears to the assessed

 4  value of the property.

 5         (c)  By general law and subject to conditions specified

 6  therein, the exemption shall be increased to a total of

 7  twenty-five thousand dollars of the assessed value of the real

 8  estate for each school district levy. By general law and

 9  subject to conditions specified therein, the exemption for all

10  other levies may be increased up to an amount not exceeding

11  ten thousand dollars of the assessed value of the real estate

12  if the owner has attained age sixty-five or is totally and

13  permanently disabled and if the owner is not entitled to the

14  exemption provided in subsection (d).

15         (d)  By general law and subject to conditions specified

16  therein, the exemption shall be increased to a total of the

17  following amounts of assessed value of real estate for each

18  levy other than those of school districts: fifteen thousand

19  dollars with respect to 1980 assessments; twenty thousand

20  dollars with respect to 1981 assessments; twenty-five thousand

21  dollars with respect to assessments for 1982 and each year

22  thereafter. However, such increase shall not apply with

23  respect to any assessment roll until such roll is first

24  determined to be in compliance with the provisions of section

25  4 by a state agency designated by general law.  This

26  subsection shall stand repealed on the effective date of any

27  amendment to section 4 which provides for the assessment of

28  homestead property at a specified percentage of its just

29  value.

30         (e)  By general law and subject to conditions specified

31  therein, the Legislature may provide to renters, who are

                                  80

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  permanent residents, ad valorem tax relief on all ad valorem

 2  tax levies. Such ad valorem tax relief shall be in the form

 3  and amount established by general law.

 4         (f)  The legislature may, by general law, allow

 5  counties or municipalities, for the purpose of their

 6  respective tax levies and subject to the provisions of general

 7  law, to grant an additional homestead tax exemption not

 8  exceeding twenty-five thousand dollars to any person who has

 9  the legal or equitable title to real estate and maintains

10  thereon the permanent residence of the owner and who has

11  attained age sixty-five and whose household income, as defined

12  by general law, does not exceed twenty thousand dollars.  The

13  general law must allow counties and municipalities to grant

14  this additional exemption, within the limits prescribed in

15  this subsection, by ordinance adopted in the manner prescribed

16  by general law, and must provide for the periodic adjustment

17  of the income limitation prescribed in this subsection for

18  changes in the cost of living.

19         SECTION 7.  Allocation of pari-mutuel taxes.--Taxes

20  upon the operation of pari-mutuel pools may be preempted to

21  the state or allocated in whole or in part to the counties.

22  When allocated to the counties, the distribution shall be in

23  equal amounts to the several counties.

24         SECTION 8.  Aid to local governments.--State funds may

25  be appropriated to the several counties, school districts,

26  municipalities, or special districts upon such conditions as

27  may be provided by general law. These conditions may include

28  the use of relative ad valorem assessment levels determined by

29  a state agency designated by general law.

30         SECTION 9.  Local taxes.--

31  

                                  81

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (a)  Counties, school districts, and municipalities

 2  shall, and special districts may, be authorized by law to levy

 3  ad valorem taxes and may be authorized by general law to levy

 4  other taxes, for their respective purposes, except ad valorem

 5  taxes on intangible personal property and taxes prohibited by

 6  this constitution.

 7         (b)  Ad valorem taxes, exclusive of taxes levied for

 8  the payment of bonds and taxes levied for periods not longer

 9  than two years when authorized by vote of the electors who are

10  the owners of freeholds therein not wholly exempt from

11  taxation, shall not be levied in excess of the following

12  millages upon the assessed value of real estate and tangible

13  personal property: for all county purposes, ten mills; for all

14  municipal purposes, ten mills; for all school purposes, ten

15  mills; for water management purposes for the northwest portion

16  of the state lying west of the line between ranges two and

17  three east, 0.05 mill; for water management purposes for the

18  remaining portions of the state, 1.0 mill; and for all other

19  special districts a millage authorized by law approved by vote

20  of the electors who are owners of freeholds therein not wholly

21  exempt from taxation.  A county furnishing municipal services

22  may, to the extent authorized by law, levy additional taxes

23  within the limits fixed for municipal purposes.

24         SECTION 10.  Pledging credit.--Neither the state nor

25  any county, school district, municipality, special district,

26  or agency of any of them, shall become a joint owner with, or

27  stockholder of, or give, lend, or use its taxing power or

28  credit to aid any corporation, association, partnership, or

29  person; but this shall not prohibit laws authorizing:

30         (a)  The investment of public trust funds;

31  

                                  82

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (b)  The investment of other public funds in

 2  obligations of, or insured by, the United States or any of its

 3  instrumentalities;

 4         (c)  The issuance and sale by any county, municipality,

 5  special district, or other local governmental body of (1)

 6  revenue bonds to finance or refinance the cost of capital

 7  projects for airports or port facilities, or (2) revenue bonds

 8  to finance or refinance the cost of capital projects for

 9  industrial or manufacturing plants to the extent that the

10  interest thereon is exempt from income taxes under the then

11  existing laws of the United States, when, in either case, the

12  revenue bonds are payable solely from revenue derived from the

13  sale, operation, or leasing of the projects.  If any project

14  so financed, or any part thereof, is occupied or operated by

15  any private corporation, association, partnership, or person

16  pursuant to contract or lease with the issuing body, the

17  property interest created by such contract or lease shall be

18  subject to taxation to the same extent as other privately

19  owned property.

20         (d)  a municipality, county, special district, or

21  agency of any of them, being a joint owner of, giving, or

22  lending or using its taxing power or credit for the joint

23  ownership, construction, and operation of electrical energy

24  generating or transmission facilities with any corporation,

25  association, partnership, or person.

26         SECTION 11.  State bonds; revenue bonds.--

27         (a)  State bonds pledging the full faith and credit of

28  the state may be issued only to finance or refinance the cost

29  of state fixed capital outlay projects authorized by law, and

30  purposes incidental thereto, upon approval by a vote of the

31  electors; provided state bonds issued pursuant to this

                                  83

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  subsection may be refunded without a vote of the electors at a

 2  lower net average interest cost rate.  The total outstanding

 3  principal of state bonds issued pursuant to this subsection

 4  shall never exceed fifty percent of the total tax revenues of

 5  the state for the two preceding fiscal years, excluding any

 6  tax revenues held in trust under the provisions of this

 7  constitution.

 8         (b)  Moneys sufficient to pay debt service on state

 9  bonds as the same becomes due shall be appropriated by law.

10         (c)  Any state bonds pledging the full faith and credit

11  of the state issued under this section or any other section of

12  this constitution may be combined for the purposes of sale.

13         (d)  Revenue bonds may be issued by the state or its

14  agencies without a vote of the electors to finance or

15  refinance the cost of state fixed capital outlay projects

16  authorized by law, and purposes incidental thereto, and shall

17  be payable solely from funds derived directly from sources

18  other than state tax revenues.

19         (e)  Bonds pledging all or part of a dedicated state

20  tax revenue may be issued by the state in the manner provided

21  by general law to finance or refinance the acquisition and

22  improvement of land, water areas, and related property

23  interests and resources for the purposes of conservation,

24  outdoor recreation, water resource development, restoration of

25  natural systems, and historic preservation.

26         (f)  Each project, building, or facility to be financed

27  or refinanced with revenue bonds issued under this section

28  shall first be approved by the Legislature by an act relating

29  to appropriations or by general law.

30         SECTION 12.  Local bonds.--Counties, school districts,

31  municipalities, special districts, and local governmental

                                  84

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  bodies with taxing powers may issue bonds, certificates of

 2  indebtedness, or any form of tax anticipation certificates,

 3  payable from ad valorem taxation and maturing more than twelve

 4  months after issuance only:

 5         (a)  To finance or refinance capital projects

 6  authorized by law and only when approved by vote of the

 7  electors who are owners of freeholds therein not wholly exempt

 8  from taxation; or

 9         (b)  To refund outstanding bonds and interest and

10  redemption premium thereon at a lower net average interest

11  cost rate.

12         SECTION 13.  Relief from illegal taxes.--Until payment

13  of all taxes which have been legally assessed upon the

14  property of the same owner, no court shall grant relief from

15  the payment of any tax that may be illegal or illegally

16  assessed.

17         SECTION 14.  Bonds for pollution control and abatement

18  and other water facilities.--

19         (a)  When authorized by law, state bonds pledging the

20  full faith and credit of the state may be issued without an

21  election to finance the construction of air and water

22  pollution control and abatement and solid waste disposal

23  facilities and other water facilities authorized by general

24  law (herein referred to as "facilities") to be operated by any

25  municipality, county, district or authority, or any agency

26  thereof (herein referred to as "local governmental agencies"),

27  or by any agency of the State of Florida. Such bonds shall be

28  secured by a pledge of and shall be payable primarily from all

29  or any part of revenues to be derived from operation of such

30  facilities, special assessments, rentals to be received under

31  lease-purchase agreements herein provided for, any other

                                  85

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  revenues that may be legally available for such purpose,

 2  including revenues from other facilities, or any combination

 3  thereof (herein collectively referred to as "pledged

 4  revenues"), and shall be additionally secured by the full

 5  faith and credit of the State of Florida.

 6         (b)  No such bonds shall be issued unless a state

 7  fiscal agency, created by law, has made a determination that

 8  in no state fiscal year will the debt service requirements of

 9  the bonds proposed to be issued and all other bonds secured by

10  the pledged revenues exceed seventy-five per cent of the

11  pledged revenues.

12         (c)  The state may lease any of such facilities to any

13  local governmental agency, under lease-purchase agreements for

14  such periods and under such other terms and conditions as may

15  be mutually agreed upon.  The local governmental agencies may

16  pledge the revenues derived from such leased facilities or any

17  other available funds for the payment of rentals thereunder;

18  and, in addition, the full faith and credit and taxing power

19  of such local governmental agencies may be pledged for the

20  payment of such rentals without any election of freeholder

21  electors or qualified electors.

22         (d)  The state may also issue such bonds for the

23  purpose of loaning money to local governmental agencies, for

24  the construction of such facilities to be owned or operated by

25  any of such local governmental agencies. Such loans shall bear

26  interest at not more than one-half of one per cent per annum

27  greater than the last preceding issue of state bonds pursuant

28  to this section, shall be secured by the pledged revenues, and

29  may be additionally secured by the full faith and credit of

30  the local governmental agencies.

31  

                                  86

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (e)  The total outstanding principal of state bonds

 2  issued pursuant to this section 14 shall never exceed fifty

 3  per cent of the total tax revenues of the state for the two

 4  preceding fiscal years.

 5         SECTION 15.  Revenue bonds for scholarship loans.--

 6         (a)  When authorized by law, revenue bonds may be

 7  issued to establish a fund to make loans to students

 8  determined eligible as prescribed by law and who have been

 9  admitted to attend any public or private institutions of

10  higher learning, junior colleges, health related training

11  institutions, or vocational training centers, which are

12  recognized or accredited under terms and conditions prescribed

13  by law.  Revenue bonds issued pursuant to this section shall

14  be secured by a pledge of and shall be payable primarily from

15  payments of interest, principal, and handling charges to such

16  fund from the recipients of the loans and, if authorized by

17  law, may be additionally secured by student fees and by any

18  other moneys in such fund. There shall be established from the

19  proceeds of each issue of revenue bonds a reserve account in

20  an amount equal to and sufficient to pay the greatest amount

21  of principal, interest, and handling charges to become due on

22  such issue in any ensuing state fiscal year.

23         (b)  Interest moneys in the fund established pursuant

24  to this section, not required in any fiscal year for payment

25  of debt service on then outstanding revenue bonds or for

26  maintenance of the reserve account, may be used for

27  educational loans to students determined to be eligible

28  therefor in the manner provided by law, or for such other

29  related purposes as may be provided by law.

30         SECTION 16.  Bonds for housing and related

31  facilities.--

                                  87

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (a)  When authorized by law, revenue bonds may be

 2  issued without an election to finance or refinance housing and

 3  related facilities in Florida, herein referred to as

 4  "facilities."

 5         (b)  The bonds shall be secured by a pledge of and

 6  shall be payable primarily from all or any part of revenues to

 7  be derived from the financing, operation or sale of such

 8  facilities, mortgage or loan payments, and any other revenues

 9  or assets that may be legally available for such purposes

10  derived from sources other than ad valorem taxation, including

11  revenues from other facilities, or any combination thereof,

12  herein collectively referred to as "pledged revenues,"

13  provided that in no event shall the full faith and credit of

14  the state be pledged to secure such revenue bonds.

15         (c)  No bonds shall be issued unless a state fiscal

16  agency, created by law, has made a determination that in no

17  state fiscal year will the debt service requirements of the

18  bonds proposed to be issued and all other bonds secured by the

19  same pledged revenues exceed the pledged revenues available

20  for payment of such debt service requirements, as defined by

21  law.

22         SECTION 17.  Bonds for acquiring transportation

23  right-of-way or for constructing bridges.--

24         (a)  When authorized by law, state bonds pledging the

25  full faith and credit of the state may be issued, without a

26  vote of the electors, to finance or refinance the cost of

27  acquiring real property or the rights to real property for

28  state roads as defined by law, or to finance or refinance the

29  cost of state bridge construction, and purposes incidental to

30  such property acquisition or state bridge construction.

31  

                                  88

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (b)  Bonds issued under this section shall be secured

 2  by a pledge of and shall be payable primarily from motor fuel

 3  or special fuel taxes, except those defined in Section 9(c) of

 4  Article XII, as provided by law, and shall additionally be

 5  secured by the full faith and credit of the state.

 6         (c)  No bonds shall be issued under this section unless

 7  a state fiscal agency, created by law, has made a

 8  determination that in no state fiscal year will the debt

 9  service requirements of the bonds proposed to be issued and

10  all other bonds secured by the same pledged revenues exceed

11  ninety percent of the pledged revenues available for payment

12  of such debt service requirements, as defined by law.  For the

13  purposes of this subsection, the term "pledged revenues" means

14  all revenues pledged to the payment of debt service, excluding

15  any pledge of the full faith and credit of the state.

16         SECTION 18.  Laws requiring counties or municipalities

17  to spend funds or limiting their ability to raise revenue or

18  receive state tax revenue.--

19         (a)  No county or municipality shall be bound by any

20  general law requiring such county or municipality to spend

21  funds or to take an action requiring the expenditure of funds

22  unless the legislature has determined that such law fulfills

23  an important state interest and unless:  funds have been

24  appropriated that have been estimated at the time of enactment

25  to be sufficient to fund such expenditure; the legislature

26  authorizes or has authorized a county or municipality to enact

27  a funding source not available for such county or municipality

28  on February 1, 1989, that can be used to generate the amount

29  of funds estimated to be sufficient to fund such expenditure

30  by a simple majority vote of the governing body of such county

31  or municipality; the law requiring such expenditure is

                                  89

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  approved by two-thirds of the membership in each house of the

 2  legislature; the expenditure is required to comply with a law

 3  that applies to all persons similarly situated, including the

 4  state and local governments; or the law is either required to

 5  comply with a federal requirement or required for eligibility

 6  for a federal entitlement, which federal requirement

 7  specifically contemplates actions by counties or

 8  municipalities for compliance.

 9         (b)  Except upon approval of each house of the

10  legislature by two-thirds of the membership, the legislature

11  may not enact, amend, or repeal any general law if the

12  anticipated effect of doing so would be to reduce the

13  authority that municipalities or counties have to raise

14  revenues in the aggregate, as such authority exists on

15  February 1, 1989.

16         (c)  Except upon approval of each house of the

17  legislature by two-thirds of the membership, the legislature

18  may not enact, amend, or repeal any general law if the

19  anticipated effect of doing so would be to reduce the

20  percentage of a state tax shared with counties and

21  municipalities as an aggregate on February 1, 1989.  The

22  provisions of this subsection shall not apply to enhancements

23  enacted after February 1, 1989, to state tax sources, or

24  during a fiscal emergency declared in a written joint

25  proclamation issued by the president of the senate and the

26  speaker of the house of representatives, or where the

27  legislature provides additional state-shared revenues which

28  are anticipated to be sufficient to replace the anticipated

29  aggregate loss of state-shared revenues resulting from the

30  reduction of the percentage of the state tax shared with

31  counties and municipalities, which source of replacement

                                  90

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  revenues shall be subject to the same requirements for repeal

 2  or modification as provided herein for a state-shared tax

 3  source existing on February 1, 1989.

 4         (d)  Laws adopted to require funding of pension

 5  benefits existing on the effective date of this section;,

 6  criminal laws;, election laws;, the general appropriations

 7  act;, special appropriations acts;, laws reauthorizing but not

 8  expanding then-existing statutory authority;, laws having

 9  insignificant fiscal impact;, and laws creating, modifying, or

10  repealing noncriminal infractions, are exempt from the

11  requirements of this section.

12         (e)  The legislature may enact laws to assist in the

13  implementation and enforcement of this section.

14                           ARTICLE VIII

15                         LOCAL GOVERNMENT

16         SECTION 1.  Counties.--

17         (a)  POLITICAL SUBDIVISIONS.  The state shall be

18  divided by law into political subdivisions called counties.

19  Counties may be created, abolished, or changed by law, with

20  provision for payment or apportionment of the public debt.

21         (b)  COUNTY FUNDS.  The care, custody, and method of

22  disbursing county funds shall be provided by general law.

23         (c)  GOVERNMENT.  Pursuant to general or special law, a

24  county government may be established by charter which shall be

25  adopted, amended, or repealed only upon vote of the electors

26  of the county in a special election called for that purpose.

27         (d)  COUNTY OFFICERS.  There shall be elected by the

28  electors of each county, for terms of four years, a sheriff, a

29  tax collector, a property appraiser, a supervisor of

30  elections, and a clerk of the circuit court; except, when

31  provided by county charter or special law approved by vote of

                                  91

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  the electors of the county, any county officer may be chosen

 2  in another manner therein specified, or any county office may

 3  be abolished when all the duties of the office prescribed by

 4  general law are transferred to another office. When not

 5  otherwise provided by county charter or special law approved

 6  by vote of the electors, the clerk of the circuit court shall

 7  be ex officio clerk of the board of county commissioners,

 8  auditor, recorder, and custodian of all county funds.

 9         (e)  COMMISSIONERS.  Except when otherwise provided by

10  county charter, the governing body of each county shall be a

11  board of county commissioners composed of five or seven

12  members serving staggered terms of four years.  After each

13  decennial census, the board of county commissioners shall

14  divide the county into districts of contiguous territory as

15  nearly equal in population as practicable.  One commissioner

16  residing in each district shall be elected as provided by law.

17         (f)  NON-CHARTER GOVERNMENT.  Counties not operating

18  under county charters shall have such power of self-government

19  as is provided by general or special law.  The board of county

20  commissioners of a county not operating under a charter may

21  enact, in a manner prescribed by general law, county

22  ordinances not inconsistent with general or special law, but

23  an ordinance in conflict with a municipal ordinance shall not

24  be effective within the municipality to the extent of such

25  conflict.

26         (g)  CHARTER GOVERNMENT.  Counties operating under

27  county charters shall have all powers of local self-government

28  not inconsistent with general law, or with special law

29  approved by vote of the electors.  The governing body of a

30  county operating under a charter may enact county ordinances

31  not inconsistent with general law.  The charter shall provide

                                  92

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  which shall prevail in the event of conflict between county

 2  and municipal ordinances.

 3         (h)  TAXES; LIMITATION.  Property situate within

 4  municipalities shall not be subject to taxation for services

 5  rendered by the county exclusively for the benefit of the

 6  property or residents in unincorporated areas.

 7         (i)  COUNTY ORDINANCES.  Each county ordinance shall be

 8  filed with the custodian of state records and shall become

 9  effective at such time thereafter as is provided by general

10  law.

11         (j)  VIOLATION OF ORDINANCES.  Persons violating county

12  ordinances shall be prosecuted and punished as provided by

13  law.

14         (k)  COUNTY SEAT.  In every county there shall be a

15  county seat at which shall be located the principal offices

16  and permanent records of all county officers.  The county seat

17  may not be moved except as provided by general law.  Branch

18  offices for the conduct of county business may be established

19  elsewhere in the county by resolution of the governing body of

20  the county in the manner prescribed by law.  No instrument

21  shall be deemed recorded until filed at the county seat, or a

22  branch office designated by the governing body of the county

23  for the recording of instruments, according to law.

24         SECTION 2.  Municipalities.--

25         (a)  ESTABLISHMENT.  Municipalities may be established

26  or abolished and their charters amended pursuant to general or

27  special law.  When any municipality is abolished, provision

28  shall be made for the protection of its creditors.

29         (b)  POWERS.  Municipalities shall have governmental,

30  corporate, and proprietary powers to enable them to conduct

31  municipal government, perform municipal functions and render

                                  93

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  municipal services, and may exercise any power for municipal

 2  purposes except as otherwise provided by law.  Each municipal

 3  legislative body shall be elective.

 4         (c)  ANNEXATION.  Municipal annexation of

 5  unincorporated territory, merger of municipalities, and

 6  exercise of extra-territorial powers by municipalities shall

 7  be as provided by general or special law.

 8         SECTION 3.  Consolidation.--The government of a county

 9  and the government of one or more municipalities located

10  therein may be consolidated into a single government which may

11  exercise any and all powers of the county and the several

12  municipalities.  The consolidation plan may be proposed only

13  by special law, which shall become effective if approved by

14  vote of the electors of the county, or of the county and

15  municipalities affected, as may be provided in the plan.

16  Consolidation shall not extend the territorial scope of

17  taxation for the payment of pre-existing debt except to areas

18  whose residents receive a benefit from the facility or service

19  for which the indebtedness was incurred.

20         SECTION 4.  Transfer of powers.--By law or by

21  resolution of the governing bodies of each of the governments

22  affected, any function or power of a county, municipality, or

23  special district may be transferred to or contracted to be

24  performed by another county, municipality, or special

25  district, after approval by vote of the electors of the

26  transferor and approval by vote of the electors of the

27  transferee, or as otherwise provided by law.

28         SECTION 5.  Local option.--

29         (a)  Local option on the legality or prohibition of the

30  sale of intoxicating liquors, wines, or beers shall be

31  preserved to each county. The status of a county with respect

                                  94

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  thereto shall be changed only by vote of the electors in a

 2  special election called upon the petition of twenty-five

 3  percent per cent of the electors of the county, and not sooner

 4  than two years after an earlier election on the same question.

 5  Where legal, the sale of intoxicating liquors, wines, and

 6  beers shall be regulated by law.

 7         (b)  Each county shall have the authority to require a

 8  criminal history records check and a 3-to-5-day 3 to 5 day

 9  waiting period, excluding weekends and legal holidays, in

10  connection with the sale of any firearm occurring within such

11  county. For purposes of this subsection, the term "sale" means

12  the transfer of money or other valuable consideration for any

13  firearm when any part of the transaction is conducted on

14  property to which the public has the right of access. Holders

15  of a concealed weapons permit as prescribed by general law

16  shall not be subject to the provisions of this subsection when

17  purchasing a firearm.

18         SECTION 6.  Schedule to Article VIII.--

19         (a)  This article shall replace all of Article VIII of

20  the Constitution of 1885, as amended, except those sections

21  expressly retained and made a part of this article by

22  reference.

23         (b)  COUNTIES; COUNTY SEATS; MUNICIPALITIES;

24  DISTRICTS.  The status of the following items as they exist on

25  the date this article becomes effective is recognized and

26  shall be continued until changed in accordance with law:  the

27  counties of the state; their status with respect to the

28  legality of the sale of intoxicating liquors, wines, and

29  beers; the method of selection of county officers; the

30  performance of municipal functions by county officers; the

31  

                                  95

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  county seats; and the municipalities and special districts of

 2  the state, their powers, jurisdiction, and government.

 3         (c)  OFFICERS TO CONTINUE IN OFFICE.  Every person

 4  holding office when this article becomes effective shall

 5  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         (d)  ORDINANCES.  Local laws relating only to

10  unincorporated areas of a county on the effective date of this

11  article may be amended or repealed by county ordinance.

12         (e)  CONSOLIDATION AND HOME RULE.  Article VIII,

13  Sections 9, 10, 11, and 24, of the Constitution of 1885, as

14  amended, shall remain in full force and effect as to each

15  county affected, as if this article had not been adopted,

16  until that county shall expressly adopt a charter or home rule

17  plan pursuant to this article.  All provisions of the

18  Metropolitan Dade County Home Rule Charter, heretofore or

19  hereafter adopted by the electors of Dade County pursuant to

20  Article VIII, Section 11, of the Constitution of 1885, as

21  amended, shall be valid, and any amendments to such charter

22  shall be valid; provided that the said provisions of such

23  charter and the said amendments thereto are authorized under

24  said Article VIII, Section 11, of the Constitution of 1885, as

25  amended.

26         (f)  DADE COUNTY; POWERS CONFERRED UPON

27  MUNICIPALITIES.  To the extent not inconsistent with the

28  powers of existing municipalities or general law, the

29  Metropolitan Government of Dade County may exercise all the

30  powers conferred now or hereafter by general law upon

31  municipalities.

                                  96

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (g)  DELETION OF OBSOLETE SCHEDULE ITEMS.  The

 2  legislature shall have power, by joint resolution, to delete

 3  from this article any subsection of this Section 6, including

 4  this subsection, when all events to which the subsection to be

 5  deleted is or could become applicable have occurred.  A

 6  legislative determination of fact made as a basis for

 7  application of this subsection shall be subject to judicial

 8  review.

 9                            ARTICLE IX

10                            EDUCATION

11         SECTION 1.  Public education.--

12         (a)  The education of children is a fundamental value

13  of the people of the State of Florida. It is, therefore, a

14  paramount duty of the state to make adequate provision for the

15  education of all children residing within its borders.

16  Adequate provision shall be made by law for a uniform,

17  efficient, safe, secure, and high quality system of free

18  public schools that allows students to obtain a high quality

19  education and for the establishment, maintenance, and

20  operation of institutions of higher learning and other public

21  education programs that the needs of the people may require.

22  To assure that children attending public schools obtain a high

23  quality education, the legislature shall make adequate

24  provision to ensure that, by the beginning of the 2010 school

25  year, there are a sufficient number of classrooms so that:

26         (1)  The maximum number of students who are assigned to

27  each teacher who is teaching in public school classrooms for

28  prekindergarten through grade 3 does not exceed 18 students;

29         (2)  The maximum number of students who are assigned to

30  each teacher who is teaching in public school classrooms for

31  grades 4 through 8 does not exceed 22 students; and

                                  97

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (3)  The maximum number of students who are assigned to

 2  each teacher who is teaching in public school classrooms for

 3  grades 9 through 12 does not exceed 25 students.

 4  

 5  The class size requirements of this subsection do not apply to

 6  extracurricular classes. Payment of the costs associated with

 7  reducing class size to meet these requirements is the

 8  responsibility of the state and not of local school schools

 9  districts. Beginning with the 2003-2004 fiscal year, The

10  legislature shall provide sufficient funds to reduce the

11  average number of students in each classroom by at least two

12  students per year until the maximum number of students per

13  classroom does not exceed the requirements of this subsection.

14         (b)  Every four-year-old four-year old child in Florida

15  shall be provided by the State a high-quality high quality

16  pre-kindergarten learning opportunity in the form of an early

17  childhood development and education program which shall be

18  voluntary, high quality, free, and delivered according to

19  professionally accepted standards. An early childhood

20  development and education program means an organized program

21  designed to address and enhance each child's ability to make

22  age-appropriate age appropriate progress in an appropriate

23  range of settings in the development of language and cognitive

24  capabilities and emotional, social, regulatory, and moral

25  capacities through education in basic skills and such other

26  skills as the Legislature may determine to be appropriate.

27         (c)  The early childhood education and development

28  programs provided by reason of subsection subparagraph (b)

29  shall be implemented no later than the beginning of the 2005

30  school year through funds generated in addition to those used

31  for existing education, health, and development programs.

                                  98

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  Existing education, health, and development programs are those

 2  funded by the State as of January 1, 2002, that provided for

 3  child or adult education, health care, or development.

 4         SECTION 2.  State board of education.--The state board

 5  of education shall be a body corporate and have such

 6  supervision of the system of free public education as is

 7  provided by law. The state board of education shall consist of

 8  seven members appointed by the governor to staggered 4-year

 9  terms, subject to confirmation by the senate. The state board

10  of education shall appoint the commissioner of education.

11         SECTION 3.  Terms of appointive board members.--Members

12  of any appointive board dealing with education may serve terms

13  in excess of four years as provided by law.

14         SECTION 4.  School districts; school boards.--

15         (a)  Each county shall constitute a school district,;

16  provided that, two or more contiguous counties, upon vote of

17  the electors of each county pursuant to law, may be combined

18  into one school district.  In each school district, there

19  shall be a school board composed of five or more members

20  chosen by vote of the electors in a nonpartisan election for

21  appropriately staggered terms of four years, as provided by

22  law.

23         (b)  The school board shall operate, control, and

24  supervise all free public schools within the school district

25  and determine the rate of school district taxes within the

26  limits prescribed herein.  Two or more school districts may

27  operate and finance joint educational programs.

28         SECTION 5.  Superintendent of schools.--In each school

29  district, there shall be a superintendent of schools who shall

30  be elected at the general election in each year the number of

31  which is a multiple of four for a term of four years; or, when

                                  99

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  provided by resolution of the district school board, or by

 2  special law, approved by vote of the electors, the district

 3  school superintendent in any school district shall be employed

 4  by the district school board as provided by general law. The

 5  resolution or special law may be rescinded or repealed by

 6  either procedure after four years.

 7         SECTION 6.  State school fund.--The income derived from

 8  the state school fund shall, and the principal of the fund

 9  may, be appropriated, but only to the support and maintenance

10  of free public schools.

11         SECTION 7.  State University System.--

12         (a)  PURPOSES.  In order to achieve excellence through

13  teaching students, advancing research and providing public

14  service for the benefit of Florida's citizens, their

15  communities and economies, the people hereby establish a

16  system of governance for the state university system of

17  Florida.

18         (b)  STATE UNIVERSITY SYSTEM.  There shall be a single

19  state university system comprised of all public universities.

20  A board of trustees shall administer each public university

21  and a board of governors shall govern the state university

22  system.

23         (c)  LOCAL BOARDS OF TRUSTEES.  Each local constituent

24  university shall be administered by a board of trustees

25  consisting of thirteen members dedicated to the purposes of

26  the state university system. The board of governors shall

27  establish the powers and duties of the boards of trustees.

28  Each board of trustees shall consist of six citizen members

29  appointed by the governor and five citizen members appointed

30  by the board of governors. The appointed members shall be

31  confirmed by the senate and serve staggered terms of five

                                 100

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  years as provided by law. The chair of the faculty senate, or

 2  the equivalent, and the president of the student body of the

 3  university shall also be members.

 4         (d)  STATEWIDE BOARD OF GOVERNORS.  The board of

 5  governors shall be a body corporate consisting of seventeen

 6  members. The board shall operate, regulate, control, and be

 7  fully responsible for the management of the whole university

 8  system. These responsibilities shall include, but not be

 9  limited to, defining the distinctive mission of each

10  constituent university and its articulation with free public

11  schools and community colleges, ensuring the well-planned

12  coordination and operation of the system, and avoiding

13  wasteful duplication of facilities or programs. The board's

14  management shall be subject to the powers of the legislature

15  to appropriate for the expenditure of funds, and the board

16  shall account for such expenditures as provided by law. The

17  governor shall appoint to the board fourteen citizens

18  dedicated to the purposes of the state university system. The

19  appointed members shall be confirmed by the senate and serve

20  staggered terms of seven years as provided by law. The

21  commissioner of education, the chair of the advisory council

22  of faculty senates, or the equivalent, and the president of

23  the Florida student association, or the equivalent, shall also

24  be members of the board.

25                            ARTICLE X

26                          MISCELLANEOUS

27         SECTION 1.  Amendments to United States

28  Constitution.--The legislature shall not take action on any

29  proposed amendment to the constitution of the United States

30  unless a majority of the members thereof have been elected

31  

                                 101

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  after the proposed amendment has been submitted for

 2  ratification.

 3         SECTION 2.  Militia.--

 4         (a)  The militia shall be composed of all able-bodied

 5  ablebodied inhabitants of the state who are or have declared

 6  their intention to become citizens of the United States,; and

 7  no person because of religious creed or opinion shall be

 8  exempted from military duty except upon conditions provided by

 9  law.

10         (b)  The organizing, equipping, housing, maintaining,

11  and disciplining of the militia, and the safekeeping of public

12  arms may be provided for by law.

13         (c)  The governor shall appoint all commissioned

14  officers of the militia, including an adjutant general who

15  shall be chief of staff.  The appointment of all general

16  officers shall be subject to confirmation by the senate.

17         (d)  The qualifications of personnel and officers of

18  the federally recognized national guard, including the

19  adjutant general, and the grounds and proceedings for their

20  discipline and removal shall conform to the appropriate United

21  States Army or Air Force regulations and usages.

22         SECTION 3.  Vacancy in office.--Vacancy in office shall

23  occur upon the creation of an office, upon the death, removal

24  from office, or resignation of the incumbent or the

25  incumbent's succession to another office, unexplained absence

26  for sixty consecutive days, or failure to maintain the

27  residence required when elected or appointed, and upon failure

28  of one elected or appointed to office to qualify within thirty

29  days from the commencement of the term.

30         SECTION 4.  Homestead; exemptions.--

31  

                                 102

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (a)  There shall be exempt from forced sale under

 2  process of any court, and no judgment, decree, or execution

 3  shall be a lien thereon, except for the payment of taxes and

 4  assessments thereon, obligations contracted for the purchase,

 5  improvement, or repair thereof, or obligations contracted for

 6  house, field, or other labor performed on the realty, the

 7  following property owned by a natural person:

 8         (1)  A homestead, if located outside a municipality, to

 9  the extent of one hundred sixty acres of contiguous land and

10  improvements thereon, which shall not be reduced without the

11  owner's consent by reason of subsequent inclusion in a

12  municipality; or if located within a municipality, to the

13  extent of one-half acre of contiguous land, upon which the

14  exemption shall be limited to the residence of the owner or

15  the owner's family;

16         (2)  Personal property to the value of one thousand

17  dollars.

18         (b)  These exemptions shall inure to the surviving

19  spouse or heirs of the owner.

20         (c)  The homestead shall not be subject to devise if

21  the owner is survived by spouse or minor child, except the

22  homestead may be devised to the owner's spouse if there be no

23  minor child.  The owner of homestead real estate, joined by

24  the spouse if married, may alienate the homestead by mortgage,

25  sale, or gift and, if married, may by deed transfer the title

26  to an estate by the entirety with the spouse.  If the owner or

27  spouse is incompetent, the method of alienation or encumbrance

28  shall be as provided by law.

29         SECTION 5.  Coverture and property.--There shall be no

30  distinction between married women and married men in the

31  holding, control, disposition, or encumbering of their

                                 103

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  property, both real and personal; except that dower or curtesy

 2  may be established and regulated by law.

 3         SECTION 6.  Eminent domain.--

 4         (a)  No private property shall be taken except for a

 5  public purpose and with full compensation therefor paid to

 6  each owner or secured by deposit in the registry of the court

 7  and available to the owner.

 8         (b)  Provision may be made by law for the taking of

 9  easements, by like proceedings, for the drainage of the land

10  of one person over or through the land of another.

11         SECTION 7.  Lotteries.--Lotteries, other than the types

12  of pari-mutuel pools authorized by law as of the effective

13  date of this constitution, are hereby prohibited in this

14  state.

15         SECTION 8.  Census.--

16         (a)  Each decennial census of the state taken by the

17  United States shall be an official census of the state.

18         (b)  Each decennial census, for the purpose of

19  classifications based upon population, shall become effective

20  on the thirtieth day after the final adjournment of the

21  regular session of the legislature convened next after

22  certification of the census.

23         SECTION 9.  Repeal of criminal statutes.--Repeal or

24  amendment of a criminal statute shall not affect prosecution

25  or punishment for any crime previously committed.

26         SECTION 10.  Felony; definition.--The term "felony," as

27  used herein and in the laws of this state, shall mean any

28  criminal offense that is punishable under the laws of this

29  state, or that would be punishable if committed in this state,

30  by death or by imprisonment in the state penitentiary.

31  

                                 104

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         SECTION 11.  Sovereignty lands.--The title to lands

 2  under navigable waters, within the boundaries of the state,

 3  which have not been alienated, including beaches below mean

 4  high water lines, is held by the state, by virtue of its

 5  sovereignty, in trust for all the people. Sale of such lands

 6  may be authorized by law, but only when in the public

 7  interest.  Private use of portions of such lands may be

 8  authorized by law, but only when not contrary to the public

 9  interest.

10         SECTION 12.  Rules of construction.--Unless qualified

11  in the text, the following rules of construction shall apply

12  to this constitution.

13         (a)  "Herein" refers to the entire constitution.

14         (b)  The singular includes the plural.

15         (c)  The masculine includes the feminine.

16         (d)  "Vote of the electors" means the vote of the

17  majority of those voting on the matter in an election, general

18  or special, in which those participating are limited to the

19  electors of the governmental unit referred to in the text.

20         (e)  Vote or other action of a legislative house or

21  other governmental body means the vote or action of a majority

22  or other specified percentage of those members voting on the

23  matter. "Of the membership" means "of all members thereof."

24         (f)  The terms "judicial office," "justices," and

25  "judges" shall not include judges of courts established solely

26  for the trial of violations of ordinances.

27         (g)  "Special law" means a special or local law.

28         (h)  Titles and subtitles shall not be used in

29  construction.

30  

31  

                                 105

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         SECTION 13.  Suits against the state.--Provision may be

 2  made by general law for bringing suit against the state as to

 3  all liabilities now existing or hereafter originating.

 4         SECTION 14.  State retirement systems benefit

 5  changes.--A governmental unit responsible for any retirement

 6  or pension system supported in whole or in part by public

 7  funds shall not, after January 1, 1977, provide any increase

 8  in the benefits to the members or beneficiaries of such system

 9  unless such unit has made or concurrently makes provision for

10  the funding of the increase in benefits on a sound actuarial

11  basis.

12         SECTION 15.  State operated lotteries.--

13         (a)  Lotteries may be operated by the state.

14         (b)  If any subsection or subsections of the amendment

15  to the Florida Constitution are held unconstitutional for

16  containing more than one subject, this amendment shall be

17  limited to subsection (a) above.

18         (c)  This amendment shall be implemented as follows:

19         (1)  Schedule--On the effective date of this amendment,

20  the lotteries shall be known as the Florida Education

21  Lotteries. Net proceeds derived from the lotteries shall be

22  deposited to a state trust fund, to be designated The State

23  Education Lotteries Trust Fund, to be appropriated by the

24  Legislature.  The schedule may be amended by general law.

25         SECTION 16.  Limiting marine net fishing.--

26         (a)  The marine resources of the State of Florida

27  belong to all of the people of the state and should be

28  conserved and managed for the benefit of the state, its

29  people, and future generations.  To this end, the people

30  hereby enact limitations on marine net fishing in Florida

31  waters to protect saltwater finfish, shellfish, and other

                                 106

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  marine animals from unnecessary killing, overfishing, and

 2  waste.

 3         (b)  For the purpose of catching or taking any

 4  saltwater finfish, shellfish, or other marine animals in

 5  Florida waters:

 6         (1)  No gill nets or other entangling nets shall be

 7  used in any Florida waters; and

 8         (2)  In addition to the prohibition set forth in

 9  paragraph (1), no other type of net containing more than 500

10  square feet of mesh area shall be used in nearshore and

11  inshore Florida waters. Additionally, no more than two such

12  nets, which shall not be connected, shall be used from any

13  vessel, and no person not on a vessel shall use more than one

14  such net in nearshore and inshore Florida waters.

15         (c)  For purposes of this section:

16         (1)  "Gill net" means one or more walls of netting

17  which captures saltwater finfish by ensnaring or entangling

18  them in the meshes of the net by the gills, and "entangling

19  net" means a drift net, trammell net, stab net, or any other

20  net which captures saltwater finfish, shellfish, or other

21  marine animals by causing all or part of heads, fins, legs, or

22  other body parts to become entangled or ensnared in the meshes

23  of the net, but a hand-thrown hand thrown cast net is not a

24  gill net or an entangling net;

25         (2)  "Mesh area" of a net means the total area of

26  netting with the meshes open to comprise the maximum square

27  footage. The square footage shall be calculated using standard

28  mathematical formulas for geometric shapes. Seines and other

29  rectangular nets shall be calculated using the maximum length

30  and maximum width of the netting.  Trawls and other bag type

31  nets shall be calculated as a cone using the maximum

                                 107

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  circumference of the net mouth to derive the radius, and the

 2  maximum length from the net mouth to the tail end of the net

 3  to derive the slant height.  Calculations for any other nets

 4  or combination type nets shall be based on the shapes of the

 5  individual components;

 6         (3)  "Coastline" means the territorial sea base line

 7  for the State of Florida established pursuant to the laws of

 8  the United States of America;

 9         (4)  "Florida waters" means the waters of the Atlantic

10  Ocean, the Gulf of Mexico, the Straits of Florida, and any

11  other bodies of water under the jurisdiction of the State of

12  Florida, whether coastal, intracoastal, or inland, and any

13  part thereof; and

14         (5)  "Nearshore and inshore Florida waters" means all

15  Florida waters inside a line three miles seaward of the

16  coastline along the Gulf of Mexico and inside a line one mile

17  seaward of the coastline along the Atlantic Ocean.

18         (d)  This section shall not apply to the use of nets

19  for scientific research or governmental purposes.

20         (e)  Persons violating this section shall be prosecuted

21  and punished pursuant to the penalties provided in s. section

22  370.021(2)(a),(b),(c)6. and 7., and (e), Florida Statutes

23  (1991), unless and until the legislature enacts more stringent

24  penalties for violations hereof.  On and after the effective

25  date of this section, law enforcement officers in the state

26  are authorized to enforce the provisions of this section in

27  the same manner and authority as if a violation of this

28  section constituted a violation of chapter 370, Florida

29  Statutes (1991).

30         (f)  It is the intent of this section that implementing

31  legislation is not required for enforcing any violations

                                 108

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  hereof, but nothing in this section prohibits the

 2  establishment by law or pursuant to law of more restrictions

 3  on the use of nets for the purpose of catching or taking any

 4  saltwater finfish, shellfish, or other marine animals.

 5         (g)  If any portion of this section is held invalid for

 6  any reason, the remaining portion of this section, to the

 7  fullest extent possible, shall be severed from the void

 8  portion and given the fullest possible force and application.

 9         (h)  This section shall take effect on the July 1 next

10  occurring after approval hereof by vote of the electors.

11         SECTION 17.  Everglades Trust Fund.--

12         (a)  There is hereby established the Everglades Trust

13  Fund, which shall not be subject to termination pursuant to

14  Article III, Section 19(f). The purpose of the Everglades

15  Trust Fund is to make funds available to assist in

16  conservation and protection of natural resources and abatement

17  of water pollution in the Everglades Protection Area and the

18  Everglades Agricultural Area. The trust fund shall be

19  administered by the South Florida Water Management District,

20  or its successor agency, consistent with statutory law.

21         (b)  The Everglades Trust Fund may receive funds from

22  any source, including gifts from individuals, corporations, or

23  other entities; funds from general revenue as determined by

24  the Legislature; and any other funds so designated by the

25  Legislature, by the United States Congress, or by any other

26  governmental entity.

27         (c)  Funds deposited to the Everglades Trust Fund shall

28  be expended for purposes of conservation and protection of

29  natural resources and abatement of water pollution in the

30  Everglades Protection Area and Everglades Agricultural Area.

31  

                                 109

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (d)  For purposes of this subsection, the terms

 2  "Everglades Protection Area," "Everglades Agricultural Area,"

 3  and "South Florida Water Management District" shall have the

 4  meanings as defined in statutes in effect on January 1, 1996.

 5         SECTION 18.  Disposition of conservation lands.--The

 6  fee interest in real property held by an entity of the state

 7  and designated for natural resources conservation purposes as

 8  provided by general law shall be managed for the benefit of

 9  the citizens of this state and may be disposed of only if the

10  members of the governing board of the entity holding title

11  determine the property is no longer needed for conservation

12  purposes and only upon a vote of two-thirds of the governing

13  board.

14         SECTION 19.  High speed ground transportation

15  system.--To reduce traffic congestion and provide alternatives

16  to the traveling public, it is hereby declared to be in the

17  public interest that a high speed ground transportation system

18  consisting of a monorail, fixed guideway or magnetic

19  levitation system, capable of speeds in excess of 120 miles

20  per hour, be developed and operated in the State of Florida to

21  provide high speed ground transportation by innovative,

22  efficient and effective technologies consisting of dedicated

23  rails or guideways separated from motor vehicular traffic that

24  will link the five largest urban areas of the State as

25  determined by the Legislature and provide for access to

26  existing air and ground transportation facilities and

27  services. The Legislature, the Cabinet and the Governor are

28  hereby directed to proceed with the development of such a

29  system by the State and/or by a private entity pursuant to

30  state approval and authorization, including the acquisition of

31  right-of-way, the financing of design and construction of the

                                 110

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  system, and the operation of the system, as provided by

 2  specific appropriation and by law, with construction to begin

 3  on or before November 1, 2003.

 4         SECTION 20.  Workplaces without tobacco smoke.--

 5         (a)  PROHIBITION.  As a Florida health initiative to

 6  protect people from the health hazards of second-hand tobacco

 7  smoke, tobacco smoking is prohibited in enclosed indoor

 8  workplaces.

 9         (b)  EXCEPTIONS.  As further explained in the

10  definitions below, tobacco smoking may be permitted in private

11  residences whenever they are not being used commercially to

12  provide child care, adult care, or health care, or any

13  combination thereof; and further may be permitted in retail

14  tobacco shops, designated smoking guest rooms at hotels and

15  other public lodging establishments; and stand-alone bars.

16  However, nothing in this section or in its implementing

17  legislation or regulations shall prohibit the owner, lessee,

18  or other person in control of the use of an enclosed indoor

19  workplace from further prohibiting or limiting smoking

20  therein.

21         (c)  DEFINITIONS.  For purposes of this section, the

22  following words and terms shall have the stated meanings:

23         (1)  "Smoking" means inhaling, exhaling, burning,

24  carrying, or possessing any lighted tobacco product, including

25  cigarettes, cigars, pipe tobacco, and any other lighted

26  tobacco product.

27         (2)  "Second-hand smoke," also known as environmental

28  tobacco smoke (ETS), means smoke emitted from lighted,

29  smoldering, or burning tobacco when the smoker is not

30  inhaling; smoke emitted at the mouthpiece during puff drawing;

31  and smoke exhaled by the smoker.

                                 111

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (3)  "Work" means any person's providing any employment

 2  or employment-type service for or at the request of another

 3  individual or individuals or any public or private entity,

 4  whether for compensation or not, whether full or part-time,

 5  whether legally or not. "Work" includes, without limitation,

 6  any such service performed by an employee, independent

 7  contractor, agent, partner, proprietor, manager, officer,

 8  director, apprentice, trainee, associate, servant, volunteer,

 9  and the like.

10         (4)  "Enclosed indoor workplace" means any place where

11  one or more persons engages in work, and which place is

12  predominantly or totally bounded on all sides and above by

13  physical barriers, regardless of whether such barriers consist

14  of or include uncovered openings, screened or otherwise

15  partially covered openings; or open or closed windows,

16  jalousies, doors, or the like. This section applies to all

17  such enclosed indoor workplaces without regard to whether work

18  is occurring at any given time.

19         (5)  "Commercial" use of a private residence means any

20  time during which the owner, lessee, or other person occupying

21  or controlling the use of the private residence is furnishing

22  in the private residence, or causing or allowing to be

23  furnished in the private residence, child care, adult care, or

24  health care, or any combination thereof, and receiving or

25  expecting to receive compensation therefor.

26         (6)  "Retail tobacco shop" means any enclosed indoor

27  workplace dedicated to or predominantly for the retail sale of

28  tobacco, tobacco products, and accessories for such products,

29  in which the sale of other products or services is merely

30  incidental.

31  

                                 112

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (7)  "Designated smoking guest rooms at public lodging

 2  establishments" means the sleeping rooms and directly

 3  associated private areas, such as bathrooms, living rooms, and

 4  kitchen areas, if any, rented to guests for their exclusive

 5  transient occupancy in public lodging establishments including

 6  hotels, motels, resort condominiums, transient apartments,

 7  transient lodging establishments, rooming houses, boarding

 8  houses, resort dwellings, bed and breakfast inns, and the

 9  like; and designated by the person or persons having

10  management authority over such public lodging establishment as

11  rooms in which smoking may be permitted.

12         (8)  "Stand-alone bar" means any place of business

13  devoted during any time of operation predominantly or totally

14  to serving alcoholic beverages, intoxicating beverages, or

15  intoxicating liquors, or any combination thereof, for

16  consumption on the licensed premises; in which the serving of

17  food, if any, is merely incidental to the consumption of any

18  such beverage; and that is not located within, and does not

19  share any common entryway or common indoor area with, any

20  other enclosed indoor workplace including any business for

21  which the sale of food or any other product or service is more

22  than an incidental source of gross revenue.

23         (d)  LEGISLATION.  In the next regular legislative

24  session occurring after voter approval of this amendment, the

25  Florida Legislature shall adopt legislation to implement this

26  amendment in a manner consistent with its broad purpose and

27  stated terms, and having an effective date no later than July

28  1 of the year following voter approval. Such legislation shall

29  include, without limitation, civil penalties for violations of

30  this section; provisions for administrative enforcement; and

31  the requirement and authorization of agency rules for

                                 113

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  implementation and enforcement. Nothing herein shall preclude

 2  the Legislature from enacting any law constituting or allowing

 3  a more restrictive regulation of tobacco smoking than is

 4  provided in this section.

 5         SECTION 21.  Limiting cruel and inhumane confinement of

 6  pigs during pregnancy.--Inhumane treatment of animals is a

 7  concern of Florida citizens. To prevent cruelty to certain

 8  animals and as recommended by The Humane Society of the United

 9  States, the people of the State of Florida hereby limit the

10  cruel and inhumane confinement of pigs during pregnancy as

11  provided herein.

12         (a)  It shall be unlawful for any person to confine a

13  pig during pregnancy in an enclosure, or to tether a pig

14  during pregnancy, on a farm in such a way that she is

15  prevented from turning around freely.

16         (b)  This section shall not apply:

17         (1)  when a pig is undergoing an examination, test,

18  treatment or operation carried out for veterinary purposes,

19  provided the period during which the animal is confined or

20  tethered is not longer than reasonably necessary.

21         (2)  during the prebirthing period.

22         (c)  For purposes of this section:

23         (1)  "enclosure" means any cage, crate or other

24  enclosure in which a pig is kept for all or the majority of

25  any day, including what is commonly described as the

26  "gestation crate."

27         (2)  "farm" means the land, buildings, support

28  facilities, and other appurtenances used in the production of

29  animals for food or fiber.

30         (3)  "person" means any natural person, corporation

31  and/or business entity.

                                 114

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (4)  "pig" means any animal of the porcine species.

 2         (5)  "turning around freely" means turning around

 3  without having to touch any side of the pig's enclosure.

 4         (6)  "prebirthing period" means the seven day period

 5  prior to a pig's expected date of giving birth.

 6         (d)  A person who violates this section shall be guilty

 7  of a misdemeanor of the first degree, punishable as provided

 8  in s. 775.082(4)(a), Florida Statutes (1999), as amended, or

 9  by a fine of not more than $5000, or by both imprisonment and

10  a fine, unless and until the legislature enacts more stringent

11  penalties for violations hereof. On and after the effective

12  date of this section, law enforcement officers in the state

13  are authorized to enforce the provisions of this section in

14  the same manner and authority as if a violation of this

15  section constituted a violation of Section 828.13, Florida

16  Statutes (1999). The confinement or tethering of each pig

17  shall constitute a separate offense. The knowledge or acts of

18  agents and employees of a person in regard to a pig owned,

19  farmed or in the custody of a person, shall be held to be the

20  knowledge or act of such person.

21         (e)  It is the intent of this section that implementing

22  legislation is not required for enforcing any violations

23  hereof.

24         (f)  If any portion of this section is held invalid for

25  any reason, the remaining portion of this section, to the

26  fullest extent possible, shall be severed from the void

27  portion and given the fullest possible force and application.

28         (g)  This section shall take effect six years after

29  approval by the electors.

30         SECTION 22.  Parental notice of termination of a

31  minor's pregnancy.--The Legislature shall not limit or deny

                                 115

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  the privacy right guaranteed to a minor under the United

 2  States Constitution as interpreted by the United States

 3  Supreme Court. Notwithstanding a minor's right of privacy

 4  provided in Section 23 of Article I, the Legislature is

 5  authorized to require by general law for notification to a

 6  parent or guardian of a minor before the termination of the

 7  minor's pregnancy. The Legislature shall provide exceptions to

 8  such requirement for notification and shall create a process

 9  for judicial waiver of the notification.

10         SECTION 23.  Slot machines.--

11         (a)  After voter approval of this constitutional

12  amendment, the governing bodies of Miami-Dade and Broward

13  Counties each may hold a county-wide referendum in their

14  respective counties on whether to authorize slot machines

15  within existing, licensed pari-mutuel parimutuel facilities

16  (thoroughbred and harness racing, greyhound racing, and

17  jai-alai) that have conducted live racing or games in that

18  county during each of the last two calendar years before the

19  effective date of this amendment. If the voters of such county

20  approve the referendum question by majority vote, slot

21  machines shall be authorized in such parimutuel facilities. If

22  the voters of such county by majority vote disapprove the

23  referendum question, slot machines shall not be so authorized,

24  and the question shall not be presented in another referendum

25  in that county for at least two years.

26         (b)  In the next regular Legislative session occurring

27  after voter approval of this constitutional amendment, the

28  Legislature shall adopt legislation implementing this section

29  and having an effective date no later than July 1 of the year

30  following voter approval of this amendment. Such legislation

31  shall authorize agency rules for implementation, and may

                                 116

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  include provisions for the licensure and regulation of slot

 2  machines. The Legislature may tax slot machine revenues, and

 3  any such taxes must supplement public education funding

 4  statewide.

 5         (c)  If any part of this section is held invalid for

 6  any reason, the remaining portion or portions shall be severed

 7  from the invalid portion and given the fullest possible force

 8  and effect.

 9         (d)  This amendment shall become effective when

10  approved by vote of the electors of the state.

11         SECTION 24.  Florida minimum wage.--

12         (a)  PUBLIC POLICY.  All working Floridians are

13  entitled to be paid a minimum wage that is sufficient to

14  provide a decent and healthy life for them and their families,

15  that protects their employers from unfair low-wage

16  competition, and that does not force them to rely on

17  taxpayer-funded public services in order to avoid economic

18  hardship.

19         (b)  DEFINITIONS.  As used in this amendment, the terms

20  "employer," "employee," and "wage" shall have the meanings

21  established under the federal Fair Labor Standards Act (FLSA)

22  and its implementing regulations.

23         (c)  MINIMUM WAGE.  Employers shall pay employees wages

24  no less than the minimum wage for all hours worked in Florida.

25  Six months after enactment, the minimum wage shall be

26  established at an hourly rate of $6.15. On September 30th of

27  that year and on each following September 30th, the state

28  Agency for Workforce Innovation shall calculate an adjusted

29  minimum wage rate by increasing the current minimum wage rate

30  by the rate of inflation during the twelve months prior to

31  each September 1st using the consumer price index for urban

                                 117

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  wage earners and clerical workers, CPI-W, or a successor index

 2  as calculated by the United States Department of Labor. Each

 3  adjusted minimum wage rate calculated shall be published and

 4  take effect on the following January 1st. For tipped employees

 5  meeting eligibility requirements for the tip credit under the

 6  FLSA, employers may credit towards satisfaction of the minimum

 7  wage tips up to the amount of the allowable FLSA tip credit in

 8  2003.

 9         (d)  RETALIATION PROHIBITED.  It shall be unlawful for

10  an employer or any other party to discriminate in any manner

11  or take adverse action against any person in retaliation for

12  exercising rights protected under this amendment. Rights

13  protected under this amendment include, but are not limited

14  to, the right to file a complaint or inform any person about

15  any party's alleged noncompliance with this amendment, and the

16  right to inform any person of his or her potential rights

17  under this amendment and to assist him or her in asserting

18  such rights.

19         (e)  ENFORCEMENT.  Persons aggrieved by a violation of

20  this amendment may bring a civil action in a court of

21  competent jurisdiction against an employer or person violating

22  this amendment and, upon prevailing, shall recover the full

23  amount of any back wages unlawfully withheld plus the same

24  amount as liquidated damages, and shall be awarded reasonable

25  attorney's fees and costs. In addition, they shall be entitled

26  to such legal or equitable relief as may be appropriate to

27  remedy the violation including, without limitation,

28  reinstatement in employment and/or injunctive relief. Any

29  employer or other person found liable for willfully violating

30  this amendment shall also be subject to a fine payable to the

31  state in the amount of $1000.00 for each violation. The state

                                 118

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  attorney general or other official designated by the state

 2  legislature may also bring a civil action to enforce this

 3  amendment. Actions to enforce this amendment shall be subject

 4  to a statute of limitations of four years or, in the case of

 5  willful violations, five years. Such actions may be brought as

 6  a class action pursuant to Rule 1.220 of the Florida Rules of

 7  Civil Procedure.

 8         (f)  ADDITIONAL LEGISLATION, IMPLEMENTATION, AND

 9  CONSTRUCTION.  Implementing legislation is not required in

10  order to enforce this amendment. The state legislature may by

11  statute establish additional remedies or fines for violations

12  of this amendment, raise the applicable minimum wage rate,

13  reduce the tip credit, or extend coverage of the minimum wage

14  to employers or employees not covered by this amendment. The

15  state legislature may by statute or the state Agency for

16  Workforce Innovation may by regulation adopt any measures

17  appropriate for the implementation of this amendment. This

18  amendment provides for payment of a minimum wage and shall not

19  be construed to preempt or otherwise limit the authority of

20  the state legislature or any other public body to adopt or

21  enforce any other law, regulation, requirement, policy, or

22  standard that provides for payment of higher or supplemental

23  wages or benefits, or that extends such protections to

24  employers or employees not covered by this amendment. It is

25  intended that case law, administrative interpretations, and

26  other guiding standards developed under the federal FLSA shall

27  guide the construction of this amendment and any implementing

28  statutes or regulations.

29         (g)  SEVERABILITY.  If any part of this amendment, or

30  the application of this amendment to any person or

31  circumstance, is held invalid, the remainder of this

                                 119

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  amendment, including the application of such part to other

 2  persons or circumstances, shall not be affected by such a

 3  holding and shall continue in full force and effect. To this

 4  end, the parts of this amendment are severable.

 5         SECTION 25.  Patients' right to know about adverse

 6  medical incidents.--

 7         (a)  In addition to any other similar rights provided

 8  herein or by general law, patients have a right to have access

 9  to any records made or received in the course of business by a

10  health care facility or provider relating to any adverse

11  medical incident.

12         (b)  In providing such access, the identity of patients

13  involved in the incidents shall not be disclosed, and any

14  privacy restrictions imposed by federal law shall be

15  maintained.

16         (c)  For purposes of this section, the following terms

17  have the following meanings:

18         (1)  The phrases "health care facility" and "health

19  care provider" have the meaning given in general law related

20  to a patient's rights and responsibilities.

21         (2)  The term "patient" means an individual who has

22  sought, is seeking, is undergoing, or has undergone care or

23  treatment in a health care facility or by a health care

24  provider.

25         (3)  The phrase "adverse medical incident" means

26  medical negligence, intentional misconduct, and any other act,

27  neglect, or default of a health care facility or health care

28  provider that caused or could have caused injury to or death

29  of a patient, including, but not limited to, those incidents

30  that are required by state or federal law to be reported to

31  any governmental agency or body, and incidents that are

                                 120

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  reported to or reviewed by any health care facility peer

 2  review, risk management, quality assurance, credentials, or

 3  similar committee, or any representative of any such

 4  committees.

 5         (4)  The phrase "have access to any records" means, in

 6  addition to any other procedure for producing such records

 7  provided by general law, making the records available for

 8  inspection and copying upon formal or informal request by the

 9  patient or a representative of the patient, provided that

10  current records which have been made publicly available by

11  publication or on the Internet may be "provided" by reference

12  to the location at which the records are publicly available.

13         SECTION 26.  Prohibition of medical license after

14  repeated medical malpractice.--

15         (a)  No person who has been found to have committed

16  three or more incidents of medical malpractice shall be

17  licensed or continue to be licensed by the State of Florida to

18  provide health care services as a medical doctor.

19         (b)  For purposes of this section, the following terms

20  have the following meanings:

21         (1)  The phrase "medical malpractice" means both the

22  failure to practice medicine in Florida with that level of

23  care, skill, and treatment recognized in general law related

24  to health care providers' licensure, and any similar wrongful

25  act, neglect, or default in other states or countries which,

26  if committed in Florida, would have been considered medical

27  malpractice.

28         (2)  The phrase "found to have committed" means that

29  the malpractice has been found in a final judgment of a court

30  of law, final administrative agency decision, or decision of

31  binding arbitration.

                                 121

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1                            ARTICLE XI

 2                            AMENDMENTS

 3         SECTION 1.  Proposal by legislature.--Amendment of a

 4  section or revision of one or more articles, or the whole, of

 5  this constitution may be proposed by joint resolution agreed

 6  to by three-fifths of the membership of each house of the

 7  legislature.  The full text of the joint resolution and the

 8  vote of each member voting shall be entered on the journal of

 9  each house.

10         SECTION 2.  Revision commission.--

11         (a)  Within thirty days before the convening of the

12  2017 regular session of the legislature, and each twentieth

13  year thereafter, there shall be established a constitution

14  revision commission composed of the following thirty-seven

15  members:

16         (1)  The attorney general of the state;

17         (2)  Fifteen members selected by the governor;

18         (3)  Nine members selected by the speaker of the house

19  of representatives and nine members selected by the president

20  of the senate; and

21         (4)  Three members selected by the chief justice of the

22  supreme court of Florida with the advice of the justices.

23         (b)  The governor shall designate one member of the

24  commission as its chair. Vacancies in the membership of the

25  commission shall be filled in the same manner as the original

26  appointments.

27         (c)  Each constitution revision commission shall

28  convene at the call of its chair, adopt its rules of

29  procedure, examine the constitution of the state, hold public

30  hearings, and, not later than one hundred eighty days prior to

31  the next general election, file with the custodian of state

                                 122

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  records its proposal, if any, of a revision of this

 2  constitution or any part of it.

 3         SECTION 3.  Initiative.--The power to propose the

 4  revision or amendment of any portion or portions of this

 5  constitution by initiative is reserved to the people, provided

 6  that, any such revision or amendment, except for those

 7  limiting the power of government to raise revenue, shall

 8  embrace but one subject and matter directly connected

 9  therewith.  It may be invoked by filing with the custodian of

10  state records a petition containing a copy of the proposed

11  revision or amendment, signed by a number of electors in each

12  of one half of the congressional districts of the state, and

13  of the state as a whole, equal to eight percent of the votes

14  cast in each of such districts respectively and in the state

15  as a whole in the last preceding election in which

16  presidential electors were chosen.

17         SECTION 4.  Constitutional convention.--

18         (a)  The power to call a convention to consider a

19  revision of the entire constitution is reserved to the people.

20  It may be invoked by filing with the custodian of state

21  records a petition, containing a declaration that a

22  constitutional convention is desired, signed by a number of

23  electors in each of one half of the congressional districts of

24  the state, and of the state as a whole, equal to fifteen per

25  cent of the votes cast in each such district respectively and

26  in the state as a whole in the last preceding election of

27  presidential electors.

28         (b)  At the next general election held more than ninety

29  days after the filing of such petition, there shall be

30  submitted to the electors of the state the question: "Shall a

31  constitutional convention be held?" If a majority voting on

                                 123

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  the question votes in the affirmative, at the next succeeding

 2  general election there shall be elected from each

 3  representative district a member of a constitutional

 4  convention. On the twenty-first day following that election,

 5  the convention shall sit at the capital, elect officers, adopt

 6  rules of procedure, judge the election of its membership, and

 7  fix a time and place for its future meetings. Not later than

 8  ninety days before the next succeeding general election, the

 9  convention shall cause to be filed with the custodian of state

10  records any revision of this constitution proposed by it.

11         SECTION 5.  Amendment or revision election.--

12         (a)  A proposed amendment to or revision of this

13  constitution, or any part of it, shall be submitted to the

14  electors at the next general election held more than ninety

15  days after the joint resolution or report of revision

16  commission, constitutional convention, or taxation and budget

17  reform commission proposing it is filed with the custodian of

18  state records, unless, pursuant to law enacted by the

19  affirmative vote of three-fourths of the membership of each

20  house of the legislature and limited to a single amendment or

21  revision, it is submitted at an earlier special election held

22  more than ninety days after such filing.

23         (b)  A proposed amendment or revision of this

24  constitution, or any part of it, by initiative shall be

25  submitted to the electors at the general election provided the

26  initiative petition is filed with the custodian of state

27  records no later than February 1 of the year in which the

28  general election is held.

29         (c)  The legislature shall provide by general law,

30  prior to the holding of an election pursuant to this section,

31  for the provision of a statement to the public regarding the

                                 124

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  probable financial impact of any amendment proposed by

 2  initiative pursuant to section 3.

 3         (d)  Once in the tenth week, and once in the sixth week

 4  immediately preceding the week in which the election is held,

 5  the proposed amendment or revision, with notice of the date of

 6  election at which it will be submitted to the electors, shall

 7  be published in one newspaper of general circulation in each

 8  county in which a newspaper is published.

 9         (e)  If the proposed amendment or revision is approved

10  by vote of the electors, it shall be effective as an amendment

11  to or revision of the constitution of the state on the first

12  Tuesday after the first Monday in January following the

13  election, or on such other date as may be specified in the

14  amendment or revision.

15         SECTION 6.  Taxation and budget reform commission.--

16         (a)  Beginning in 2007 and each twentieth year

17  thereafter, there shall be established a taxation and budget

18  reform commission composed of the following members:

19         (1)  Eleven members selected by the governor, none of

20  whom shall be a member of the legislature at the time of

21  appointment.

22         (2)  Seven members selected by the speaker of the house

23  of representatives and seven members selected by the president

24  of the senate, none of whom shall be a member of the

25  legislature at the time of appointment.

26         (3)  Four non-voting ex officio members, all of whom

27  shall be members of the legislature at the time of

28  appointment.  Two of these members, one of whom shall be a

29  member of the minority party in the house of representatives,

30  shall be selected by the speaker of the house of

31  representatives, and two of these members, one of whom shall

                                 125

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  be a member of the minority party in the senate, shall be

 2  selected by the president of the senate.

 3         (b)  Vacancies in the membership of the commission

 4  shall be filled in the same manner as the original

 5  appointments.

 6         (c)  At its initial meeting, the members of the

 7  commission shall elect a member who is not a member of the

 8  legislature to serve as chair and the commission shall adopt

 9  its rules of procedure.  Thereafter, the commission shall

10  convene at the call of the chair.  An affirmative vote of two

11  thirds of the full commission shall be necessary for any

12  revision of this constitution or any part of it to be proposed

13  by the commission.

14         (d)  The commission shall examine the state budgetary

15  process, the revenue needs and expenditure processes of the

16  state, the appropriateness of the tax structure of the state,

17  and governmental productivity and efficiency; review policy as

18  it relates to the ability of state and local government to tax

19  and adequately fund governmental operations and capital

20  facilities required to meet the state's needs during the next

21  twenty year period; determine methods favored by the citizens

22  of the state to fund the needs of the state, including

23  alternative methods for raising sufficient revenues for the

24  needs of the state; determine measures that could be

25  instituted to effectively gather funds from existing tax

26  sources; examine constitutional limitations on taxation and

27  expenditures at the state and local level; and review the

28  state's comprehensive planning, budgeting, and needs

29  assessment processes to determine whether the resulting

30  information adequately supports a strategic decisionmaking

31  process.

                                 126

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (e)  The commission shall hold public hearings as it

 2  deems necessary to carry out its responsibilities under this

 3  section. The commission shall issue a report of the results of

 4  the review carried out, and propose to the legislature any

 5  recommended statutory changes related to the taxation or

 6  budgetary laws of the state. Not later than one hundred eighty

 7  days prior to the general election in the second year

 8  following the year in which the commission is established, the

 9  commission shall file with the custodian of state records its

10  proposal, if any, of a revision of this constitution or any

11  part of it dealing with taxation or the state budgetary

12  process.

13         SECTION 7.  Tax or fee limitation.--Notwithstanding

14  Article X, Section 12(d) of this constitution, no new state

15  tax or fee shall be imposed on or after November 8, 1994, by

16  any amendment to this constitution unless the proposed

17  amendment is approved by not fewer than two-thirds of the

18  voters voting in the election in which such proposed amendment

19  is considered.  For purposes of this section, the phrase "new

20  state tax or fee" shall mean any tax or fee which would

21  produce revenue subject to lump sum or other appropriation by

22  the Legislature, either for the state general revenue fund or

23  any trust fund, which tax or fee is not in effect on November

24  7, 1994, including without limitation such taxes and fees as

25  are the subject of proposed constitutional amendments

26  appearing on the ballot on November 8, 1994. This section

27  shall apply to proposed constitutional amendments relating to

28  state taxes or fees which appear on the November 8, 1994,

29  ballot, or later ballots, and any such proposed amendment

30  which fails to gain the two-thirds vote required hereby shall

31  be null, void, and without effect.

                                 127

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1                           ARTICLE XII

 2                             SCHEDULE

 3         SECTION 1.  Constitution of 1885 superseded.--Articles

 4  I through IV, VII, and IX through XX of the Constitution of

 5  Florida adopted in 1885, as amended from time to time, are

 6  superseded by this revision except those sections expressly

 7  retained and made a part of this revision by reference.

 8         SECTION 2.  Property taxes; millages.--Tax millages

 9  authorized in counties, municipalities, and special districts,

10  on the date this revision becomes effective, may be continued

11  until reduced by law.

12         SECTION 3.  Officers to continue in office.--Every

13  person holding office when this revision becomes effective

14  shall continue in office for the remainder of the term if that

15  office is not abolished.  If the office is abolished the

16  incumbent shall be paid adequate compensation, to be fixed by

17  law, for the loss of emoluments for the remainder of the term.

18         SECTION 4.  State commissioner of education.--The state

19  superintendent of public instruction in office on the

20  effective date of this revision shall become and, for the

21  remainder of the term being served, shall be the commissioner

22  of education.

23         SECTION 5.  Superintendent of schools.--

24         (a)  On the effective date of this revision the county

25  superintendent of public instruction of each county shall

26  become and, for the remainder of the term being served, shall

27  be the superintendent of schools of that district.

28         (b)  The method of selection of the county

29  superintendent of public instruction of each county, as

30  provided by or under the Constitution of 1885, as amended,

31  

                                 128

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  shall apply to the selection of the district superintendent of

 2  schools until changed as herein provided.

 3         SECTION 6.  Laws preserved.--

 4         (a)  All laws in effect upon the adoption of this

 5  revision, to the extent not inconsistent with it, shall remain

 6  in force until they expire by their terms or are repealed.

 7         (b)  All statutes which, under the Constitution of

 8  1885, as amended, apply to the state superintendent of public

 9  instruction and those which apply to the county superintendent

10  of public instruction shall under this revision apply,

11  respectively, to the state commissioner of education and the

12  district superintendent of schools.

13         SECTION 7.  Rights reserved.--

14         (a)  All actions, rights of action, claims, contracts,

15  and obligations of individuals, corporations, and public

16  bodies or agencies existing on the date this revision becomes

17  effective shall continue to be valid as if this revision had

18  not been adopted. All taxes, penalties, fines and forfeitures

19  owing to the state under the Constitution of 1885, as amended,

20  shall inure to the state under this revision, and all

21  sentences as punishment for crime shall be executed according

22  to their terms.

23         (b)  This revision shall not be retroactive so as to

24  create any right or liability which did not exist under the

25  Constitution of 1885, as amended, based upon matters occurring

26  prior to the adoption of this revision.

27         SECTION 8.  Public debts recognized.--All bonds,

28  revenue certificates, revenue bonds, and tax anticipation

29  certificates issued pursuant to the Constitution of 1885, as

30  amended by the state, any agency, political subdivision, or

31  public corporation of the state shall remain in full force and

                                 129

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  effect and shall be secured by the same sources of revenue as

 2  before the adoption of this revision, and, to the extent

 3  necessary to effectuate this section, the applicable

 4  provisions of the Constitution of 1885, as amended, are

 5  retained as a part of this revision until payment in full of

 6  these public securities.

 7         SECTION 9.  Bonds.--

 8         (a)  ADDITIONAL SECURITIES.

 9         (1)  Article IX, Section 17, of the Constitution of

10  1885, as amended, as it existed immediately before this

11  Constitution, as revised in 1968, became effective, is adopted

12  by this reference as a part of this revision as completely as

13  though incorporated herein verbatim, except revenue bonds,

14  revenue certificates, or other evidences of indebtedness

15  hereafter issued thereunder may be issued by the agency of the

16  state so authorized by law.

17         (2)  That portion of Article XII, Section 9(a) 9,

18  Subsection (a) of this Constitution, as amended, which by

19  reference adopted Article XII, Section 19 of the Constitution

20  of 1885, as amended, as the same existed immediately before

21  the effective date of this amendment is adopted by this

22  reference as part of this revision as completely as though

23  incorporated herein verbatim, for the purpose of providing

24  that after the effective date of this amendment all of the

25  proceeds of the revenues derived from the gross receipts

26  taxes, as therein defined, collected in each year shall be

27  applied as provided therein to the extent necessary to comply

28  with all obligations to or for the benefit of holders of bonds

29  or certificates issued before the effective date of this

30  amendment or any refundings thereof which are secured by such

31  gross receipts taxes.  No bonds or other obligations may be

                                 130

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  issued pursuant to the provisions of Article XII, Section 19,

 2  of the Constitution of 1885, as amended, but this provision

 3  shall not be construed to prevent the refunding of any such

 4  outstanding bonds or obligations pursuant to the provisions of

 5  this subsection (a)(2).

 6         Subject to the requirements of the first paragraph of

 7  this subsection (a)(2), beginning July 1, 1975, all of the

 8  proceeds of the revenues derived from the gross receipts taxes

 9  collected from every person, including municipalities, as

10  provided and levied pursuant to the provisions of chapter 203,

11  Florida Statutes, as such chapter is amended from time to

12  time, shall, as collected, be placed in a trust fund to be

13  known as the "public education capital outlay and debt service

14  trust fund" in the state treasury (hereinafter referred to as

15  "capital outlay fund"), and used only as provided herein.

16         The capital outlay fund shall be administered by the

17  state board of education as created and constituted by Section

18  2, of Article IX of the Constitution of Florida as revised in

19  1968 (hereinafter referred to as "state board"), or by such

20  other instrumentality of the state which shall hereafter

21  succeed by law to the powers, duties, and functions of the

22  state board, including the powers, duties, and functions of

23  the state board provided in this subsection (a)(2).  The state

24  board shall be a body corporate and shall have all the powers

25  provided herein in addition to all other constitutional and

26  statutory powers related to the purposes of this subsection

27  (a)(2) heretofore or hereafter conferred by law upon the state

28  board, or its predecessor created by the Constitution of 1885,

29  as amended.

30         State bonds pledging the full faith and credit of the

31  state may be issued, without a vote of the electors, by the

                                 131

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  state board pursuant to law to finance or refinance capital

 2  projects theretofore authorized by the legislature, and any

 3  purposes appurtenant or incidental thereto, for the state

 4  system of public education provided for in Section 1, of

 5  Article IX of this Constitution (hereinafter referred to as

 6  "state system"), including but not limited to institutions of

 7  higher learning, community colleges, vocational technical

 8  schools, or public schools, as now defined or as may hereafter

 9  be defined by law. All such bonds shall mature not later than

10  thirty years after the date of issuance thereof.  All other

11  details of such bonds shall be as provided by law or by the

12  proceedings authorizing such bonds; provided, however, that no

13  bonds, except refunding bonds, shall be issued, and no

14  proceeds shall be expended for the cost of any capital

15  project, unless such project has been authorized by the

16  legislature.

17         Bonds issued pursuant to this subsection (a)(2) shall

18  be primarily payable from such revenues derived from gross

19  receipts taxes, and shall be additionally secured by the full

20  faith and credit of the state.  No such bonds shall ever be

21  issued in an amount exceeding ninety percent of the amount

22  which the state board determines can be serviced by the

23  revenues derived from the gross receipts taxes accruing

24  thereafter under the provisions of this subsection (a)(2), and

25  such determination shall be conclusive.

26         The moneys in the capital outlay fund in each fiscal

27  year shall be used only for the following purposes and in the

28  following order of priority:

29         a.  For the payment of the principal of and interest on

30  any bonds due in such fiscal year;

31  

                                 132

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         b.  For the deposit into any reserve funds provided for

 2  in the proceedings authorizing the issuance of bonds of any

 3  amounts required to be deposited in such reserve funds in such

 4  fiscal year;

 5         c.  For direct payment of the cost or any part of the

 6  cost of any capital project for the state system theretofore

 7  authorized by the legislature, or for the purchase or

 8  redemption of outstanding bonds in accordance with the

 9  provisions of the proceedings which authorized the issuance of

10  such bonds, or for the purpose of maintaining, restoring, or

11  repairing existing public educational facilities.

12         (b)  REFUNDING BONDS.  Revenue bonds to finance the

13  cost of state capital projects issued prior to the date this

14  revision becomes effective, including projects of the Florida

15  state turnpike authority or its successor but excluding all

16  portions of the state highway system, may be refunded as

17  provided by law without vote of the electors at a lower net

18  average interest cost rate by the issuance of bonds maturing

19  not later than the obligations refunded, secured by the same

20  revenues only.

21         (c)  MOTOR VEHICLE FUEL TAXES.

22         (1)  A state tax, designated "second gas tax," of two

23  cents per gallon upon gasoline and other like products of

24  petroleum and an equivalent tax upon other sources of energy

25  used to propel motor vehicles as levied by Article IX, Section

26  16, of the Constitution of 1885, as amended, is hereby

27  continued. The proceeds of said tax shall be placed monthly in

28  the state roads distribution fund in the state treasury.

29         (2)  Article IX, Section 16, of the Constitution of

30  1885, as amended, is adopted by this reference as a part of

31  this revision as completely as though incorporated herein

                                 133

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  verbatim for the purpose of providing that after the effective

 2  date of this revision the proceeds of the "second gas tax" as

 3  referred to therein shall be allocated among the several

 4  counties in accordance with the formula stated therein to the

 5  extent necessary to comply with all obligations to or for the

 6  benefit of holders of bonds, revenue certificates, and tax

 7  anticipation certificates or any refundings thereof secured by

 8  any portion of the "second gas tax."

 9         (3)  No funds anticipated to be allocated under the

10  formula stated in Article IX, Section 16, of the Constitution

11  of 1885, as amended, shall be pledged as security for any

12  obligation hereafter issued or entered into, except that any

13  outstanding obligations previously issued pledging revenues

14  allocated under said Article IX, Section 16, may be refunded

15  at a lower average net interest cost rate by the issuance of

16  refunding bonds, maturing not later than the obligations

17  refunded, secured by the same revenues and any other security

18  authorized in paragraph (5) of this subsection.

19         (4)  Subject to the requirements of paragraph (2) of

20  this subsection and after payment of administrative expenses,

21  the "second gas tax" shall be allocated to the account of each

22  of the several counties in the amounts to be determined as

23  follows: There shall be an initial allocation of one-fourth in

24  the ratio of county area to state area, one-fourth in the

25  ratio of the total county population to the total population

26  of the state in accordance with the latest available federal

27  census, and one-half in the ratio of the total "second gas

28  tax" collected on retail sales or use in each county to the

29  total collected in all counties of the state during the

30  previous fiscal year.  If the annual debt service requirements

31  of any obligations issued for any county, including any

                                 134

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  deficiencies for prior years, secured under paragraph (2) of

 2  this subsection, exceeds the amount which would be allocated

 3  to that county under the formula set out in this paragraph,

 4  the amounts allocated to other counties shall be reduced

 5  proportionately.

 6         (5)  Funds allocated under paragraphs (2) and (4) of

 7  this subsection shall be administered by the state board of

 8  administration created under Article IV, Section 4. The board

 9  shall remit the proceeds of the "second gas tax" in each

10  county account for use in said county as follows: eighty per

11  cent to the state agency supervising the state road system and

12  twenty per cent to the governing body of the county. The

13  percentage allocated to the county may be increased by general

14  law. The proceeds of the "second gas tax" subject to

15  allocation to the several counties under this paragraph (5)

16  shall be used first, for the payment of obligations pledging

17  revenues allocated pursuant to Article IX, Section 16, of the

18  Constitution of 1885, as amended, and any refundings thereof;

19  second, for the payment of debt service on bonds issued as

20  provided by this paragraph (5) to finance the acquisition and

21  construction of roads as defined by law; and third, for the

22  acquisition and construction of roads and for road maintenance

23  as authorized by law. When authorized by law, state bonds

24  pledging the full faith and credit of the state may be issued

25  without any election: (i) to refund obligations secured by any

26  portion of the "second gas tax" allocated to a county under

27  Article IX, Section 16, of the Constitution of 1885, as

28  amended; (ii) to finance the acquisition and construction of

29  roads in a county when approved by the governing body of the

30  county and the state agency supervising the state road system;

31  and (iii) to refund obligations secured by any portion of the

                                 135

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  "second gas tax" allocated under paragraph 9(c)(4). No such

 2  bonds shall be issued unless a state fiscal agency created by

 3  law has made a determination that in no state fiscal year will

 4  the debt service requirements of the bonds and all other bonds

 5  secured by the pledged portion of the "second gas tax"

 6  allocated to the county exceed seventy-five per cent of the

 7  pledged portion of the "second gas tax" allocated to that

 8  county for the preceding state fiscal year, of the pledged net

 9  tolls from existing facilities collected in the preceding

10  state fiscal year, and of the annual average net tolls

11  anticipated during the first five state fiscal years of

12  operation of new projects to be financed, and of any other

13  legally available pledged revenues collected in the preceding

14  state fiscal year. Bonds issued pursuant to this subsection

15  shall be payable primarily from the pledged tolls, the pledged

16  portions of the "second gas tax" allocated to that county, and

17  any other pledged revenue, and shall mature not later than

18  forty years from the date of issuance.

19         (d)  SCHOOL BONDS.

20         (1)  Article XII, Section 9(d) 9, Subsection (d) of

21  this constitution, as amended, (which, by reference, adopted

22  Article XII, Section 18, of the Constitution of 1885, as

23  amended), as the same existed immediately before the effective

24  date of this amendment is adopted by this reference as part of

25  this amendment as completely as though incorporated herein

26  verbatim, for the purpose of providing that after the

27  effective date of this amendment the first proceeds of the

28  revenues derived from the licensing of motor vehicles as

29  referred to therein shall be distributed annually among the

30  several counties in the ratio of the number of instruction

31  units in each county, the same being coterminous coterminus

                                 136

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  with the school district of each county as provided in Article

 2  IX, Section 4(a) 4, Subsection (a) of this constitution, in

 3  each year computed as provided therein to the extent necessary

 4  to comply with all obligations to or for the benefit of

 5  holders of bonds or motor vehicle tax anticipation

 6  certificates issued before the effective date of this

 7  amendment or any refundings thereof which are secured by any

 8  portion of such revenues derived from the licensing of motor

 9  vehicles.

10         (2)  No funds anticipated to be distributed annually

11  among the several counties under the formula stated in Article

12  XII, Section 9(d) 9, Subsection (d) of this constitution, as

13  amended, as the same existed immediately before the effective

14  date of this amendment shall be pledged as security for any

15  obligations hereafter issued or entered into, except that any

16  outstanding obligations previously issued pledging such funds

17  may be refunded by the issuance of refunding bonds.

18         (3)  Subject to the requirements of subsection (d)(1)

19  paragraph (1) of this subsection (d) beginning July 1, 1973,

20  the first proceeds of the revenues derived from the licensing

21  of motor vehicles (hereinafter called "motor vehicle license

22  revenues") to the extent necessary to comply with the

23  provisions of this amendment, shall, as collected, be placed

24  monthly in the school district and community college district

25  capital outlay and debt service fund in the state treasury and

26  used only as provided in this amendment. Such revenue shall be

27  distributed annually among the several school districts and

28  community college districts in the ratio of the number of

29  instruction units in each school district or community college

30  district in each year computed as provided herein.  The amount

31  of the first motor vehicle license revenues to be so set aside

                                 137

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  in each year and distributed as provided herein shall be an

 2  amount equal in the aggregate to the product of six hundred

 3  dollars ($600) multiplied by the total number of instruction

 4  units in all the school districts of Florida for the school

 5  fiscal year 1967-68, plus an amount equal in the aggregate to

 6  the product of eight hundred dollars ($800) multiplied by the

 7  total number of instruction units in all the school districts

 8  of Florida for the school fiscal year 1972-73 and for each

 9  school fiscal year thereafter which is in excess of the total

10  number of such instruction units in all the school districts

11  of Florida for the school fiscal year 1967-68, such excess

12  units being designated "growth units." The amount of the first

13  motor vehicle license revenues to be so set aside in each year

14  and distributed as provided herein shall additionally be an

15  amount equal in the aggregate to the product of four hundred

16  dollars ($400) multiplied by the total number of instruction

17  units in all community college districts of Florida.  The

18  number of instruction units in each school district or

19  community college district in each year for the purposes of

20  this amendment shall be the greater of (1) the number of

21  instruction units in each school district for the school

22  fiscal year 1967-68 or community college district for the

23  school fiscal year 1968-69 computed in the manner heretofore

24  provided by general law, or (2) the number of instruction

25  units in such school district, including growth units, or

26  community college district for the school fiscal year computed

27  in the manner heretofore or hereafter provided by general law

28  and approved by the state board of education (hereinafter

29  called the state board), or (3) the number of instruction

30  units in each school district, including growth units, or

31  community college district on behalf of which the state board

                                 138

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  has issued bonds or motor vehicle license revenue anticipation

 2  certificates under this amendment which will produce

 3  sufficient revenues under this amendment to equal one and

 4  twelve-hundredths (1.12) times the aggregate amount of

 5  principal of and interest on all bonds or motor vehicle

 6  license revenue anticipation certificates issued under this

 7  amendment which will mature and become due in such year,

 8  computed in the manner heretofore or hereafter provided by

 9  general law and approved by the state board.

10         (4)  Such funds so distributed shall be administered by

11  the state board as now created and constituted by Section 2,

12  of Article IX of the State Constitution as revised in 1968, or

13  by such other instrumentality of the state which shall

14  hereafter succeed by law to the powers, duties, and functions

15  of the state board, including the powers, duties, and

16  functions of the state board provided in this amendment.  For

17  the purposes of this amendment, said state board shall be a

18  body corporate and shall have all the powers provided in this

19  amendment in addition to all other constitutional and

20  statutory powers related to the purposes of this amendment

21  heretofore or hereafter conferred upon said 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

                                 139

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 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

                                 140

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 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 which can be issued on

 9  behalf of any school district or community college district to

10  ninety percent (90%) of the amount which it determines can be

11  serviced by the revenue accruing to the school district or

12  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 subsection

29  (d)(1) 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

                                 141

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 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,

                                 142

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 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

 5  time of issuance of any bonds by any school board of any

 6  school 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

                                 143

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 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

                                 144

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 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 which will fail to provide the full

12  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

                                 145

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  issued pursuant to Article XII, Section 9(d) 9, subsection (d)

 2  of the Constitution as revised in 1968, and bonds issued

 3  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 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 10.  Preservation of constitutional provisions

12  as statutes.--

13         (a)  Article X, Section 21 of the State Constitution as

14  it existed on November 6, 2006, shall become a statute subject

15  to modification or repeal as are other statutes.

16         (b)  The Division of Statutory Revision shall codify a

17  provision made statutory law by subsection (a) in the manner

18  described in s. 11.242, Florida Statutes (2005). The Division

19  of Statutory Revision may make alterations to a provision

20  described in subsection (a) to reflect its status as statutory

21  law, but the effect of the provision must be preserved.

22  Preservation of existing government.--All provisions of

23  Articles I through IV, VII and IX through XX of the

24  Constitution of 1885, as amended, not embraced herein which

25  are not inconsistent with this revision shall become statutes

26  subject to modification or repeal as are other statutes.

27         SECTION 11.  Deletion of obsolete schedule items.--The

28  legislature shall have power, by joint resolution, to delete

29  from this revision any section of this Article XII, including

30  this section, when all events to which the section to be

31  deleted is or could become applicable have occurred.  A

                                 146

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  legislative determination of fact made as a basis for

 2  application of this section shall be subject to judicial

 3  review.

 4         SECTION 12.  Senators.--The requirements of staggered

 5  terms of senators in Section 15(a), of Article III of this

 6  revision shall apply only to senators elected in November,

 7  1972, and thereafter.

 8         SECTION 13.  Legislative apportionment.--The

 9  requirements of legislative apportionment in Section 16, of

10  Article III of this revision shall apply only to the

11  apportionment of the legislature following the decennial

12  census of 1970, and thereafter.

13         SECTION 14.  Representatives; terms.--The legislature

14  at its first regular session following the ratification of

15  this revision, by joint resolution, shall propose to the

16  electors of the state for ratification or rejection in the

17  general election of 1970 an amendment to Article III, Section

18  15(b), of the constitution providing staggered terms of four

19  years for members of the house of representatives.

20         SECTION 15.  Special district taxes.--Ad valorem taxing

21  power vested by law in special districts existing when this

22  revision becomes effective shall not be abrogated by Section

23  9(b) of Article VII herein, but such powers, except to the

24  extent necessary to pay outstanding debts, may be restricted

25  or withdrawn by law.

26         SECTION 16.  Reorganization.--The requirement of

27  Section 6, Article IV of this revision shall not apply until

28  July 1, 1969.

29         SECTION 17.  Conflicting provisions.--This schedule is

30  designed to effect the orderly transition of government from

31  the Constitution of 1885, as amended, to this revision and

                                 147

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  shall control in all cases of conflict with any part of

 2  Article I through IV, VII, and IX through XI herein.

 3         SECTION 18.  Bonds for housing and related

 4  facilities.--Section 16 of Article VII, providing for bonds

 5  for housing and related facilities, shall take effect upon

 6  approval by the electors.

 7         SECTION 19.  Renewable energy source property.--The

 8  amendment to Section 3 of Article VII, relating to an

 9  exemption for a renewable energy source device and real

10  property on which such device is installed, if adopted at the

11  special election in October 1980, shall take effect January 1,

12  1981.

13         SECTION 20.  Access to public records.--Section 24 of

14  Article I, relating to access to public records, shall take

15  effect July 1, 1993.

16         SECTION 21.  State revenue limitation.--The amendment

17  to Section 1, of Article VII limiting state revenues shall

18  take effect January 1, 1995, and shall first be applicable to

19  state fiscal year 1995-1996.

20         SECTION 22.  Historic property exemption and

21  assessment.--The amendments to Sections 3 and 4, of Article

22  VII relating to ad valorem tax exemption for, and assessment

23  of, historic property shall take effect January 1, 1999.

24         SECTION 23.  Fish and wildlife conservation

25  commission.--

26         (a)  The initial members of the commission shall be the

27  members of the game and fresh water fish commission and the

28  marine fisheries commission who are serving on those

29  commissions on the effective date of this amendment, who may

30  serve the remainder of their respective terms. New

31  appointments to the commission shall not be made until the

                                 148

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1  retirement, resignation, removal, or expiration of the terms

 2  of the initial members results in fewer than seven members

 3  remaining.

 4         (b)  The jurisdiction of the marine fisheries

 5  commission as set forth in statutes in effect on March 1,

 6  1998, shall be transferred to the fish and wildlife

 7  conservation commission. The jurisdiction of the marine

 8  fisheries commission transferred to the commission shall not

 9  be expanded except as provided by general law. All rules of

10  the marine fisheries commission and game and fresh water fish

11  commission in effect on the effective date of this amendment

12  shall become rules of the fish and wildlife conservation

13  commission until superseded or amended by the commission.

14         (c)  On the effective date of this amendment, the

15  marine fisheries commission and game and fresh water fish

16  commission shall be abolished.

17         (d)  This amendment shall take effect July 1, 1999.

18         SECTION 24.  Executive branch reform.--

19         (a)  The amendments contained in this revision shall

20  take effect January 7, 2003, but shall govern with respect to

21  the qualifying for and the holding of primary elections in

22  2002. The office of chief financial officer shall be a new

23  office as a result of this revision.

24         (b)  In the event the secretary of state is removed as

25  a cabinet office in the 1998 general election, the term

26  "custodian of state records" shall be substituted for the term

27  "secretary of state" throughout the constitution and the

28  duties previously performed by the secretary of state shall be

29  as provided by law.

30         SECTION 25.  Schedule to Article V amendment.--

31  

                                 149

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7086
    590-1684B-06




 1         (a)  Commencing with fiscal year 2000-2001, the

 2  legislature shall appropriate funds to pay for the salaries,

 3  costs, and expenses set forth in the amendment to Section 14

 4  of Article V pursuant to a phase-in schedule established by

 5  general law.

 6         (b)  Unless otherwise provided herein, the amendment to

 7  Section 14 shall be fully effectuated by July 1, 2004.

 8         BE IT FURTHER RESOLVED that the following statement be

 9  placed on the ballot:

10              CONSTITUTIONAL AMENDMENT AND REVISIONS

11                      ARTICLE X, SECTION 21

12          CRUEL AND INHUMANE CONFINEMENT OF PREGNANT

13  PIGS.--Proposing an amendment to the State Constitution to

14  remove from the constitution and transfer to the Florida

15  Statutes the provision that makes it unlawful to confine a pig

16  during pregnancy in such a way that the pig is prevented from

17  turning around freely.

18                        MULTIPLE ARTICLES

19         OBSOLETE AND ERRONEOUS PROVISIONS.--Proposing revisions

20  to multiple articles of the State Constitution to delete

21  obsolete provisions and to correct grammar errors and

22  inconsistencies in wording.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                 150

CODING: Words stricken are deletions; words underlined are additions.