HJR 7165

1	House Joint Resolution
2	A joint resolution proposing the revision of the whole
3	State Constitution to delete obsolete provisions and to
4	correct errors in spelling, punctuation, and grammar,
5	inconsistencies in wording and style, and other technical
6	issues; to correct an erroneous filing date in Article XI,
7	section 6(e), which relates to the Taxation and Budget
8	Reform Commission; to repeal Article I, section 26, which
9	pertains to a claimant's right to compensation in medical
10	liability claims, and to provide for its codification as a
11	statute; to repeal Article II, section 9, which pertains
12	to English as the official language of Florida, and to
13	provide for its codification as a statute; to repeal
14	Article IX, section 7, which pertains to a system of
15	governance for the State University System of Florida, and
16	to provide for its codification as a statute; to repeal
17	Article X, section 21, which pertains to the confinement
18	of pregnant pigs, and to provide for its codification as a
19	statute; to repeal Article X, section 24, which pertains
20	to a state minimum wage in Florida, and to provide for its
21	codification as a statute; to repeal Article X, section
22	25, which pertains to a patient's right to know about
23	adverse medical incidents, and to provide for its
24	codification as a statute; to repeal Article X, section
25	26, which pertains to a prohibition on having a medical
26	license after repeated medical malpractice, and to provide
27	for its codification as a statute.
28
29	Be It Resolved by the Legislature of the State of Florida:
30
31	That the following revision to the State Constitution is
32	agreed to and shall be submitted to the electors of this state
33	for approval or rejection at the next general election or at an
34	earlier special election specifically authorized by law for that
35	purpose:
36
37	PREAMBLE
38
39	We, the people of the State of Florida, being grateful to
40	Almighty God for our constitutional liberty, in order to secure
41	its benefits, perfect our government, ensure insure domestic
42	tranquility, maintain public order, and guarantee equal civil
43	and political rights to all, do ordain and establish this
44	constitution.
45
46	ARTICLE I
47	DECLARATION OF RIGHTS
48
49	SECTION 1.  Political power.--All political power is
50	inherent in the people. The enunciation herein of certain rights
51	shall not be construed to deny or impair others retained by the
52	people.
53	SECTION 2.  Basic rights.--All natural persons, female and
54	male alike, are equal before the law and have inalienable
55	rights, among which are the right to enjoy and defend life and
56	liberty, to pursue happiness, to be rewarded for industry, and
57	to acquire, possess, and protect property; except that the
58	ownership, inheritance, disposition, and possession of real
59	property by aliens ineligible for citizenship may be regulated
60	or prohibited by law. No person shall be deprived of any right
61	because of race, religion, national origin, or physical
62	disability.
63	SECTION 3.  Religious freedom.--There shall be no law
64	respecting the establishment of religion or prohibiting or
65	penalizing the free exercise thereof. Religious freedom shall
66	not justify practices inconsistent with public morals, peace, or
67	safety. No revenue of the state or any political subdivision or
68	agency thereof shall ever be taken from the public treasury
69	directly or indirectly in aid of any church, sect, or religious
70	denomination or in aid of any sectarian institution.
71	SECTION 4.  Freedom of speech and press.--Every person may
72	speak, write, and publish sentiments on all subjects but shall
73	be responsible for the abuse of that right. No law shall be
74	passed to restrain or abridge the liberty of speech or of the
75	press. In all criminal prosecutions and civil actions for
76	defamation, the truth may be given in evidence. If the matter
77	charged as defamatory is true and was published with good
78	motives, the party shall be acquitted or exonerated.
79	SECTION 5.  Right to assemble.--The people shall have the
80	right peaceably to assemble, to instruct their representatives,
81	and to petition for redress of grievances.
82	SECTION 6.  Right to work.--The right of persons to work
83	shall not be denied or abridged on account of membership or
84	nonmembership non-membership in any labor union or labor
85	organization. The right of employees, by and through a labor
86	organization, to bargain collectively shall not be denied or
87	abridged. Public employees shall not have the right to strike.
88	SECTION 7.  Military power.--The military power shall be
89	subordinate to the civil.
90	SECTION 8.  Right to bear arms.--
91	(a)  The right of the people to keep and bear arms in
92	defense of themselves and of the lawful authority of the state
93	shall not be infringed, except that the manner of bearing arms
94	may be regulated by law.
95	(b)  There shall be a mandatory period of three days,
96	excluding weekends and legal holidays, between the purchase and
97	delivery at retail of any handgun. For the purposes of this
98	section, "purchase" means the transfer of money or other
99	valuable consideration to the retailer, and "handgun" means a
100	firearm capable of being carried and used by one hand, such as a
101	pistol or revolver. Holders of a concealed weapon permit as
102	prescribed in Florida law shall not be subject to the provisions
103	of this subsection paragraph.
104	(c)  The legislature shall enact legislation implementing
105	subsection (b) of this section, effective no later than December
106	31, 1991, which shall provide that anyone violating the
107	provisions of subsection (b) commits shall be guilty of a
108	felony.
109	(d)  This restriction shall not apply to a trade in of
110	another handgun.
111	SECTION 9.  Due process.--No person shall be deprived of
112	life, liberty, or property without due process of law, or be
113	twice put in jeopardy for the same offense, or be compelled in
114	any criminal matter to be a witness against oneself.
115	SECTION 10.  Prohibited laws.--No bill of attainder, ex
116	post facto law, or law impairing the obligation of contracts
117	shall be passed.
118	SECTION 11.  Imprisonment for debt.--No person shall be
119	imprisoned for debt, except in cases of fraud.
120	SECTION 12.  Searches and seizures.--The right of the
121	people to be secure in their persons, houses, papers, and
122	effects against unreasonable searches and seizures, and against
123	the unreasonable interception of private communications by any
124	means, shall not be violated. No warrant shall be issued except
125	upon probable cause, supported by affidavit, particularly
126	describing the place or places to be searched, the person or
127	persons or, thing or things to be seized, the communication to
128	be intercepted, and the nature of evidence to be obtained. This
129	right shall be construed in conformity with the Fourth 4th
130	Amendment to the United States Constitution, as interpreted by
131	the United States Supreme Court. Articles or information
132	obtained in violation of this right shall not be admissible in
133	evidence if such articles or information would be inadmissible
134	under decisions of the United States Supreme Court construing
135	the Fourth 4th Amendment to the United States Constitution.
136	SECTION 13.  Habeas corpus.--The writ of habeas corpus
137	shall be grantable of right, freely, and without cost. It shall
138	be returnable without delay, and shall never be suspended
139	unless, in case of rebellion or invasion, suspension is
140	essential to the public safety.
141	SECTION 14.  Pretrial release and detention.--Unless
142	charged with a capital offense or an offense punishable by life
143	imprisonment and the proof of guilt is evident or the
144	presumption is great, every person charged with a crime or
145	violation of municipal or county ordinance shall be entitled to
146	pretrial release on reasonable conditions. If no conditions of
147	release can reasonably protect the community from risk of
148	physical harm to persons, ensure assure the presence of the
149	accused at trial, or ensure assure the integrity of the judicial
150	process, the accused may be detained.
151	SECTION 15.  Prosecution for crime; offenses committed by
152	children.--
153	(a)  No person shall be tried for capital crime without
154	presentment or indictment by a grand jury, or for other felony
155	without such presentment or indictment or an information under
156	oath filed by the prosecuting officer of the court, except
157	persons on active duty in the militia when tried by courts-
158	martial courts martial.
159	(b)  When authorized by law, a child as therein defined may
160	be charged with a violation of law as an act of delinquency
161	instead of crime and tried without a jury or other requirements
162	applicable to criminal cases. Any child so charged shall, upon
163	demand made as provided by law before a trial in a juvenile
164	proceeding, be tried in an appropriate court as an adult. A
165	child found delinquent shall be disciplined as provided by law.
166	SECTION 16.  Rights of accused and of victims.--
167	(a)  In all criminal prosecutions the accused shall, upon
168	demand, be informed of the nature and cause of the accusation,
169	and shall be furnished a copy of the charges. The accused, and
170	shall have the right to have compulsory process for witnesses;,
171	to confront at trial adverse witnesses;, to be heard in person,
172	by counsel, or both;, and to have a speedy and public trial by
173	impartial jury in the county where the crime was committed. If
174	the county is not known, the indictment or information may
175	charge venue in two or more counties conjunctively and proof
176	that the crime was committed in that area shall be sufficient;
177	but before pleading the accused may elect in which of those
178	counties the trial will take place. Venue for prosecution of
179	crimes committed beyond the boundaries of the state shall be
180	fixed by law.
181	(b)  Victims of crime or their lawful representatives,
182	including the next of kin of homicide victims, are entitled to
183	the right to be informed, to be present, and to be heard when
184	relevant, at all crucial stages of criminal proceedings, to the
185	extent that these rights do not interfere with the
186	constitutional rights of the accused.
187	SECTION 17.  Excessive punishments.--Excessive fines, cruel
188	and unusual punishment, attainder, forfeiture of estate,
189	indefinite imprisonment, and unreasonable detention of witnesses
190	are forbidden. The death penalty is an authorized punishment for
191	capital crimes designated by the legislature. The prohibition
192	against cruel or unusual punishment, and the prohibition against
193	cruel and unusual punishment, shall be construed in conformity
194	with decisions of the United States Supreme Court that which
195	interpret the prohibition against cruel and unusual punishment
196	provided in the Eighth Amendment to the United States
197	Constitution. Any method of execution shall be allowed, unless
198	prohibited by the United States Constitution. Methods of
199	execution may be designated by the legislature, and a change in
200	any method of execution may be applied retroactively. A sentence
201	of death shall not be reduced on the basis that a method of
202	execution is invalid. In any case in which an execution method
203	is declared invalid, the death sentence shall remain in force
204	until the sentence can be lawfully executed by any valid method.
205	This section shall apply retroactively.
206	SECTION 18.  Administrative penalties.--No administrative
207	agency, except the Department of Military Affairs in an
208	appropriately convened court-martial action as provided by law,
209	shall impose a sentence of imprisonment, nor shall it impose any
210	other penalty except as provided by law.
211	SECTION 19.  Costs.--No person charged with crime shall be
212	compelled to pay costs before a judgment of conviction has
213	become final.
214	SECTION 20.  Treason.--Treason against the state shall
215	consist only in levying war against it, adhering to its enemies,
216	or giving them aid and comfort, and no person shall be convicted
217	of treason except on the testimony of two witnesses to the same
218	overt act or on confession in open court.
219	SECTION 21.  Access to courts.--The courts shall be open to
220	every person for redress of any injury, and justice shall be
221	administered without sale, denial, or delay.
222	SECTION 22.  Trial by jury.--The right of trial by jury
223	shall be secure to all and remain inviolate. The qualifications
224	and the number of jurors, not fewer than six, shall be fixed by
225	law.
226	SECTION 23.  Right of privacy.--Every natural person has
227	the right to be let alone and free from governmental intrusion
228	into the person's private life except as otherwise provided
229	herein. This section shall not be construed to limit the
230	public's right of access to public records and meetings as
231	provided by law.
232	SECTION 24.  Access to public records and meetings.--
233	(a)  Every person has the right to inspect or copy any
234	public record made or received in connection with the official
235	business of any public body, officer, or employee of the state,
236	or persons acting on their behalf, except with respect to
237	records exempted pursuant to this section or specifically made
238	confidential by this constitution. This section specifically
239	includes the legislative, executive, and judicial branches of
240	government and each agency or department created thereunder;
241	counties, municipalities, and districts; and each constitutional
242	officer, board, and commission, or entity created pursuant to
243	law or this constitution.
244	(b)  All meetings of any collegial public body of the
245	executive branch of state government or of any collegial public
246	body of a county, municipality, school district, or special
247	district, at which official acts are to be taken or at which
248	public business of such body is to be transacted or discussed,
249	shall be open and noticed to the public and meetings of the
250	legislature shall be open and noticed as provided in Article
251	III, section 4(e), except with respect to meetings exempted
252	pursuant to this section or specifically closed by this
253	constitution.
254	(c)  This section shall be self-executing. The legislature,
255	however, may provide by general law passed by a two-thirds vote
256	of each house for the exemption of records from the requirements
257	of subsection (a) and the exemption of meetings from the
258	requirements of subsection (b), provided that such law shall
259	state with specificity the public necessity justifying the
260	exemption and shall be no broader than necessary to accomplish
261	the stated purpose of the law. The legislature shall enact laws
262	governing the enforcement of this section, including the
263	maintenance, control, destruction, disposal, and disposition of
264	records made public by this section, except that each house of
265	the legislature may adopt rules governing the enforcement of
266	this section in relation to records of the legislative branch.
267	Laws enacted pursuant to this subsection shall contain only
268	exemptions from the requirements of subsection subsections (a)
269	or subsection (b) and provisions governing the enforcement of
270	this section, and shall relate to one subject.
271	(d)  All laws that are in effect on July 1, 1993 that limit
272	public access to records or meetings shall remain in force, and
273	such laws apply to records of the legislative and judicial
274	branches, until they are repealed. Rules of court that are in
275	effect on the date of adoption of this section that limit access
276	to records shall remain in effect until they are repealed.
277	SECTION 25.  Taxpayers' Bill of Rights.--By general law the
278	legislature shall prescribe and adopt a Taxpayers' Bill of
279	Rights that, in clear and concise language, sets forth
280	taxpayers' rights and responsibilities and government's
281	responsibilities to deal fairly with taxpayers under the laws of
282	this state. This section shall be effective July 1, 1993.
283	SECTION 26.  Claimant's right to fair compensation.--
284	(a)  Article I, Section 26 is created to read "Claimant's
285	right to fair compensation." In any medical liability claim
286	involving a contingency fee, the claimant is entitled to receive
287	no less than 70% of the first $250,000.00 in all damages
288	received by the claimant, exclusive of reasonable and customary
289	costs, whether received by judgment, settlement, or otherwise,
290	and regardless of the number of defendants. The claimant is
291	entitled to 90% of all damages in excess of $250,000.00,
292	exclusive of reasonable and customary costs and regardless of
293	the number of defendants. This provision is self-executing and
294	does not require implementing legislation.
295	(b)  This Amendment shall take effect on the day following
296	approval by the voters.
297
298	ARTICLE II
299	GENERAL PROVISIONS
300
301	SECTION 1.  State boundaries.--
302	(a)  The state boundaries are: Begin at the mouth of the
303	Perdido River, which for the purposes of this description is
304	defined as the point where latitude 30°16'53" north and
305	longitude 87°31'06" west intersect; thence to the point where
306	latitude 30°17'02" north and longitude 87°31'06" west intersect;
307	thence to the point where latitude 30°18'00" north and longitude
308	87°27'08" west intersect; thence to the point where the center
309	line of the Intracoastal Canal (as the same existed on June 12,
310	1953) and longitude 87°27'00" west intersect; the same being in
311	the middle of the Perdido River; thence up the middle of the
312	Perdido River to the point where it intersects the south
313	boundary of the State of Alabama, being also the point of
314	intersection of the middle of the Perdido River with latitude
315	31°00'00" north; thence east, along the south boundary line of
316	the State of Alabama, the same being latitude 31°00'00" north to
317	the middle of the Chattahoochee River; thence down the middle of
318	said river to its confluence with the Flint River; thence in a
319	straight line to the head of the St. Marys River; thence down
320	the middle of said river to the Atlantic Ocean; thence due east
321	to the edge of the Gulf Stream or a distance of three geographic
322	miles whichever is the greater distance; thence in a southerly
323	direction along the edge of the Gulf Stream or along a line
324	three geographic miles from the Atlantic coastline and three
325	leagues distant from the Gulf of Mexico coastline, whichever is
326	greater, to and through the Straits of Florida and westerly,
327	including the Florida reefs, to a point due south of and three
328	leagues from the southernmost point of the Marquesas Keys;
329	thence westerly along a straight line to a point due south of
330	and three leagues from Loggerhead Key, the westernmost of the
331	Dry Tortugas Islands; thence westerly, northerly and easterly
332	along the arc of a curve three leagues distant from Loggerhead
333	Key to a point due north of Loggerhead Key; thence northeast
334	along a straight line to a point three leagues from the
335	coastline of Florida; thence northerly and westerly three
336	leagues distant from the coastline to a point west of the mouth
337	of the Perdido River three leagues from the coastline as
338	measured on a line bearing south 0°01'00" west from the point of
339	beginning; thence northerly along said line to the point of
340	beginning. The State of Florida shall also include any
341	additional territory within the United States adjacent to the
342	Peninsula of Florida lying south of the St. Marys River, east of
343	the Perdido River, and south of the States of Alabama and
344	Georgia.
345	(b)  The coastal boundaries may be extended by statute to
346	the limits permitted by the laws of the United States or
347	international law.
348	SECTION 2.  Seat of government.--The seat of government
349	shall be the City of Tallahassee, in Leon County, where the
350	offices of the governor, lieutenant governor, cabinet members,
351	and the supreme court shall be maintained and the sessions of
352	the legislature shall be held; provided that, in time of
353	invasion or grave emergency, the governor by proclamation may
354	for the period of the emergency transfer the seat of government
355	to another place.
356	SECTION 3.  Branches of government.--The powers of the
357	state government shall be divided into legislative, executive,
358	and judicial branches. No person belonging to one branch shall
359	exercise any powers appertaining to either of the other branches
360	unless expressly provided herein.
361	SECTION 4.  State seal and flag.--The design of the great
362	seal and flag of the state shall be prescribed by law.
363	SECTION 5.  Public officers.--
364	(a)  No person holding any office of emolument under any
365	foreign government, or civil office of emolument under the
366	United States or any other state, shall hold any office of honor
367	or of emolument under the government of this state. No person
368	shall hold at the same time more than one office under the
369	government of the state and the counties and municipalities
370	therein, except that a notary public or military officer may
371	hold another office, and any officer may be a member of a
372	constitution revision commission, taxation and budget reform
373	commission, constitutional convention, or statutory body having
374	only advisory powers.
375	(b)  Each state and county officer, before entering upon
376	the duties of the office, shall give bond as required by law,
377	and shall swear or affirm:
378	"I do solemnly swear (or affirm) that I will support,
379	protect, and defend the Constitution and Government of the
380	United States and of the State of Florida; that I am duly
381	qualified to hold office under the constitution of the state;
382	and that I will well and faithfully perform the duties of
383	(title of office)   on which I am now about to enter. So help me
384	God.",
385
386	and thereafter shall devote personal attention to the duties of
387	the office, and continue in office until a successor qualifies.
388	(c)  The powers, duties, compensation, and method of
389	payment of state and county officers shall be fixed by law.
390	SECTION 6.  Enemy attack.--In periods of emergency
391	resulting from enemy attack, the legislature shall have power to
392	provide for prompt and temporary succession to the powers and
393	duties of all public offices the incumbents of which may become
394	unavailable to execute the functions of their offices, and to
395	adopt such other measures as may be necessary and appropriate to
396	ensure insure the continuity of governmental operations during
397	the emergency. In exercising these powers, the legislature may
398	depart from other requirements of this constitution, but only to
399	the extent necessary to meet the emergency.
400	SECTION 7.  Natural resources and scenic beauty.--
401	(a)  It shall be the policy of the state to conserve and
402	protect its natural resources and scenic beauty. Adequate
403	provision shall be made by law for the abatement of air and
404	water pollution and of excessive and unnecessary noise and for
405	the conservation and protection of natural resources.
406	(b)  Those in the Everglades Agricultural Area who cause
407	water pollution within the Everglades Protection Area or the
408	Everglades Agricultural Area shall be primarily responsible for
409	paying the costs of the abatement of that pollution. For the
410	purposes of this subsection, the terms "Everglades Protection
411	Area" and "Everglades Agricultural Area" shall have the meanings
412	as defined in statutes in effect on January 1, 1996.
413	SECTION 8.  Ethics in government.--A public office is a
414	public trust. The people shall have the right to secure and
415	sustain that trust against abuse. To ensure assure this right:
416	(a)  All elected constitutional officers and candidates for
417	such offices and, as may be determined by law, other public
418	officers, candidates, and employees shall file full and public
419	disclosure of their financial interests.
420	(b)  All elected public officers and candidates for such
421	offices shall file full and public disclosure of their campaign
422	finances.
423	(c)  Any public officer or employee who breaches the public
424	trust for private gain and any person or entity inducing such
425	breach shall be liable to the state for all financial benefits
426	obtained by such actions. The manner of recovery and additional
427	damages may be provided by law.
428	(d)  Any public officer or employee who is convicted of a
429	felony involving a breach of public trust shall be subject to
430	forfeiture of rights and privileges under a public retirement
431	system or pension plan in such manner as may be provided by law.
432	(e)  No member of the legislature or statewide elected
433	officer shall personally represent another person or entity for
434	compensation before the government body or agency of which the
435	individual was an officer or member for a period of two years
436	following vacation of office. No member of the legislature shall
437	personally represent another person or entity for compensation
438	during his or her term of office before any state agency other
439	than judicial tribunals. Similar restrictions on other public
440	officers and employees may be established by law.
441	(f)  There shall be an independent commission to conduct
442	investigations and make public reports on all complaints
443	concerning breach of public trust by public officers or
444	employees not within the jurisdiction of the judicial
445	qualifications commission.
446	(g)  A code of ethics for all state employees and
447	nonjudicial officers prohibiting conflict between public duty
448	and private interests shall be prescribed by law.
449	(h)  This section shall not be construed to limit
450	disclosures and prohibitions that which may be established by
451	law to preserve the public trust and avoid conflicts between
452	public duties and private interests.
453	(i)  Schedule--On the effective date of this amendment and
454	Until changed by law:
455	(1)  Full and public disclosure of financial interests
456	shall mean filing with the custodian of state records by July 1
457	of each year a sworn statement showing net worth and identifying
458	each asset and liability in excess of one thousand dollars
459	$1,000 and its value together with one of the following:
460	a.  A copy of the person's most recent federal income tax
461	return; or
462	b.  A sworn statement that which identifies each separate
463	source and amount of income that which exceeds one thousand
464	dollars $1,000. The forms for such source disclosure and the
465	rules under which they are to be filed shall be prescribed by
466	the independent commission established in subsection (f), and
467	such rules shall include disclosure of secondary sources of
468	income.
469	(2)  Persons holding statewide elective offices shall also
470	file disclosure of their financial interests pursuant to
471	paragraph subsection (i)(1).
472	(3)  The independent commission provided for in subsection
473	(f) shall mean the Florida Commission on Ethics.
474	SECTION 9.  English is the official language of Florida.--
475	(a)  English is the official language of the State of
476	Florida.
477	(b)  The legislature shall have the power to enforce this
478	section by appropriate legislation.
479
480	ARTICLE III
481	LEGISLATURE
482
483	SECTION 1.  Composition.--The legislative power of the
484	state shall be vested in a legislature of the State of Florida,
485	consisting of a senate composed of one senator elected from each
486	senatorial district and a house of representatives composed of
487	one member elected from each representative district.
488	SECTION 2.  Members; officers.--Each house shall be the
489	sole judge of the qualifications, elections, and returns of its
490	members, and shall biennially choose its officers, including a
491	permanent presiding officer selected from its membership, who
492	shall be designated in the senate as President of the Senate,
493	and in the house as Speaker of the House of Representatives. The
494	senate shall designate a Secretary to serve at its pleasure, and
495	the house of representatives shall designate a Clerk to serve at
496	its pleasure. The legislature shall appoint an auditor to serve
497	at its pleasure who shall audit public records and perform
498	related duties as prescribed by law or concurrent resolution.
499	SECTION 3.  Sessions of the legislature.--
500	(a)  ORGANIZATION SESSIONS.--On the fourteenth day
501	following each general election the legislature shall convene
502	for the exclusive purpose of organization and selection of
503	officers.
504	(b)  REGULAR SESSIONS.--A regular session of the
505	legislature shall convene on the first Tuesday after the first
506	Monday in March of each odd-numbered year, and on the first
507	Tuesday after the first Monday in March, or such other date as
508	may be fixed by law, of each even-numbered year.
509	(c)  SPECIAL SESSIONS.--
510	(1)  The governor, by proclamation stating the purpose, may
511	convene the legislature in special session during which only
512	such legislative business may be transacted as is within the
513	purview of the proclamation, or of a communication from the
514	governor, or is introduced by consent of two-thirds of the
515	membership of each house.
516	(2)  A special session of the legislature may be convened
517	as provided by law.
518	(d)  LENGTH OF SESSIONS.--A regular session of the
519	legislature shall not exceed sixty consecutive days, and a
520	special session shall not exceed twenty consecutive days, unless
521	extended beyond such limit by a three-fifths vote of each house.
522	During such an extension no new business may be taken up in
523	either house without the consent of two-thirds of its
524	membership.
525	(e)  ADJOURNMENT.--Neither house shall adjourn for more
526	than seventy-two consecutive hours except pursuant to concurrent
527	resolution.
528	(f)  ADJOURNMENT BY GOVERNOR.--If, during any regular or
529	special session, the two houses cannot agree upon a time for
530	adjournment, the governor may adjourn the session sine die or to
531	any date within the period authorized for such session; provided
532	that, at least twenty-four hours before adjourning the session,
533	and while neither house is in recess, each house shall be given
534	formal written notice of the governor's intention to do so, and
535	agreement reached within that period by both houses on a time
536	for adjournment shall prevail.
537	SECTION 4.  Quorum and procedure.--
538	(a)  A majority of the membership of each house shall
539	constitute a quorum, but a smaller number may adjourn from day
540	to day and compel the presence of absent members in such manner
541	and under such penalties as it may prescribe. Each house shall
542	determine its rules of procedure.
543	(b)  Sessions of each house shall be public,; except that
544	sessions of the senate when considering appointment to or
545	removal from public office may be closed.
546	(c)  Each house shall keep and publish a journal of its
547	proceedings; and, upon the request of five members present, the
548	vote of each member voting on any question shall be entered on
549	the journal. In any legislative committee or subcommittee, the
550	vote of each member voting on the final passage of any
551	legislation pending before the committee, and upon the request
552	of any two members of the committee or subcommittee, the vote of
553	each member on any other question, shall be recorded.
554	(d)  Each house may punish a member for contempt or
555	disorderly conduct and, by a two-thirds vote of its membership,
556	may expel a member.
557	(e)  The rules of procedure of each house shall provide
558	that all legislative committee and subcommittee meetings of each
559	house, and joint conference committee meetings, shall be open
560	and noticed to the public. The rules of procedure of each house
561	shall further provide that all prearranged gatherings, between
562	more than two members of the legislature, or between the
563	governor, the president of the senate, or the speaker of the
564	house of representatives, the purpose of which is to agree upon
565	formal legislative action that will be taken at a subsequent
566	time, or at which formal legislative action is taken, regarding
567	pending legislation or amendments, shall be reasonably open to
568	the public. All open meetings shall be subject to order and
569	decorum. This section shall be implemented and defined by the
570	rules of each house, and such rules shall control admission to
571	the floor of each legislative chamber and may, where reasonably
572	necessary for security purposes or to protect a witness
573	appearing before a committee, provide for the closure of
574	committee meetings. Each house shall be the sole judge for the
575	interpretation, implementation, and enforcement of this section.
576	SECTION 5.  Investigations; witnesses.--Each house, when in
577	session, may compel attendance of witnesses and production of
578	documents and other evidence upon any matter under investigation
579	before it or any of its committees, and may punish by fine not
580	exceeding one thousand dollars or imprisonment not exceeding
581	ninety days, or both, any person not a member who has been
582	guilty of disorderly or contemptuous conduct in its presence or
583	has refused to obey its lawful summons or to answer lawful
584	questions. Such powers, except the power to punish, may be
585	conferred by law upon committees when the legislature is not in
586	session. Punishment of contempt of an interim legislative
587	committee shall be by judicial proceedings as prescribed by law.
588	SECTION 6.  Laws.--Every law shall embrace but one subject
589	and matter properly connected therewith, and the subject shall
590	be briefly expressed in the title. No law shall be revised or
591	amended by reference to its title only. Laws to revise or amend
592	shall set out in full the revised or amended act, section,
593	subsection, or paragraph of a subsection. The enacting clause of
594	every law shall read:  "Be It Enacted by the Legislature of the
595	State of Florida: "
596	SECTION 7.  Passage of bills.--Any bill may originate in
597	either house and after passage in one may be amended in the
598	other. It shall be read in each house on three separate days,
599	unless this rule is waived by two-thirds vote; provided the
600	publication of its title in the journal of a house shall satisfy
601	the requirement for the first reading in that house. On each
602	reading, it shall be read by title only, unless one-third of the
603	members present desire it read in full. On final passage, the
604	vote of each member voting shall be entered on the journal.
605	Passage of a bill shall require a majority vote in each house.
606	Each bill and joint resolution passed in both houses shall be
607	signed by the presiding officers of the respective houses and by
608	the secretary of the senate and the clerk of the house of
609	representatives during the session or as soon as practicable
610	after its adjournment sine die.
611	SECTION 8.  Executive approval and veto.--
612	(a)  Every bill passed by the legislature shall be
613	presented to the governor for approval and shall become a law if
614	the governor approves and signs it, or fails to veto it within
615	seven consecutive days after presentation. If during that period
616	or on the seventh day the legislature adjourns sine die or takes
617	a recess of more than thirty days, the governor shall have
618	fifteen consecutive days from the date of presentation to act on
619	the bill. In all cases except general appropriation bills, the
620	veto shall extend to the entire bill. The governor may veto any
621	specific appropriation in a general appropriation bill, but may
622	not veto any qualification or restriction without also vetoing
623	the appropriation to which it relates.
624	(b)  When a bill or any specific appropriation of a general
625	appropriation bill has been vetoed, the governor shall transmit
626	signed objections thereto to the house in which the bill
627	originated if in session. If that house is not in session, the
628	governor shall file them with the custodian of state records,
629	who shall lay them before that house at its next regular or
630	special session, whichever occurs first, and they shall be
631	entered on its journal. If the originating house votes to
632	reenact re-enact a vetoed measure, whether in a regular or
633	special session, and the other house does not consider or fails
634	to reenact re-enact the vetoed measure, no further consideration
635	by either house at any subsequent session may be taken. If a
636	vetoed measure is presented at a special session and the
637	originating house does not consider it, the measure will be
638	available for consideration at any intervening special session
639	and until the end of the next regular session.
640	(c)  If each house shall, by a two-thirds vote, reenact re-
641	enact the bill or reinstate the vetoed specific appropriation of
642	a general appropriation bill, the vote of each member voting
643	shall be entered on the respective journals, and the bill shall
644	become law or the specific appropriation reinstated, the veto
645	notwithstanding.
646	SECTION 9.  Effective date of laws.--Each law shall take
647	effect on the sixtieth day after adjournment sine die of the
648	session of the legislature in which enacted or as otherwise
649	provided therein. If the law is passed over the veto of the
650	governor, it shall take effect on the sixtieth day after
651	adjournment sine die of the session in which the veto is
652	overridden, on a later date fixed in the law, or on a date fixed
653	by resolution passed by both houses of the legislature.
654	SECTION 10.  Special laws.--No special law shall be passed
655	unless notice of intention to seek enactment thereof has been
656	published in the manner provided by general law. Such notice
657	shall not be necessary when the law, except the provision for
658	referendum, is conditioned to become effective only upon
659	approval by vote of the electors of the area affected.
660	SECTION 11.  Prohibited special laws.--
661	(a)  There shall be no special law or general law of local
662	application pertaining to the following:
663	(1)  Election, jurisdiction, or duties of officers, except
664	officers of municipalities, chartered counties, special
665	districts, or local governmental agencies.;
666	(2)  Assessment or collection of taxes for state or county
667	purposes, including extension of time therefor, relief of tax
668	officers from due performance of their duties, and relief of
669	their sureties from liability.;
670	(3)  Rules of evidence in any court.;
671	(4)  Punishment for crime.;
672	(5)  Petit juries, including compensation of jurors, except
673	establishment of jury commissions.;
674	(6)  Change of civil or criminal venue.;
675	(7)  Conditions precedent to bringing any civil or criminal
676	proceedings, or limitations of time therefor.;
677	(8)  Refund of money legally paid or remission of fines,
678	penalties, or forfeitures.;
679	(9)  Creation, enforcement, extension, or impairment of
680	liens based on private contracts, or fixing of interest rates on
681	private contracts.;
682	(10)  Disposal of public property, including any interest
683	therein, for private purposes.;
684	(11)  Vacation of roads.;
685	(12)  Private incorporation or grant of privilege to a
686	private corporation.;
687	(13)  Effectuation of invalid deeds, wills, or other
688	instruments, or change in the law of descent.;
689	(14)  Change of name of any person.;
690	(15)  Divorce.;
691	(16)  Legitimation or adoption of persons.;
692	(17)  Relief of minors from legal disabilities.;
693	(18)  Transfer of any property interest of persons under
694	legal disabilities or of estates of decedents.;
695	(19)  Hunting or freshwater fresh water fishing.;
696	(20)  Regulation of occupations which are regulated by a
697	state agency.; or
698	(21)  Any subject when prohibited by general law passed by
699	a three-fifths vote of the membership of each house. Such law
700	may be amended or repealed by like vote.
701	(b)  In the enactment of general laws on other subjects,
702	political subdivisions or other governmental entities may be
703	classified only on a basis reasonably related to the subject of
704	the law.
705	SECTION 12.  Appropriation bills.--Laws making
706	appropriations for salaries of public officers and other current
707	expenses of the state shall contain provisions on no other
708	subject.
709	SECTION 13.  Term of office.--No office shall be created
710	the term of which shall exceed four years except as provided
711	herein.
712	SECTION 14.  Civil service system.--By law there shall be
713	created a civil service system for state employees, except those
714	expressly exempted, and there may be created civil service
715	systems and boards for county, district, or municipal employees
716	and for such offices thereof as are not elected or appointed by
717	the governor, and there may be authorized such boards as are
718	necessary to prescribe the qualifications, method of selection,
719	and tenure of such employees and officers.
720	SECTION 15.  Terms and qualifications of legislators.--
721	(a)  SENATORS.--Senators shall be elected for terms of four
722	years, those from odd-numbered districts in the years the
723	numbers of which are multiples of four and those from
724	even-numbered districts in even-numbered years the numbers of
725	which are not multiples of four; except, at the election next
726	following a reapportionment, some senators shall be elected for
727	terms of two years when necessary to maintain staggered terms.
728	(b)  REPRESENTATIVES.--Members of the house of
729	representatives shall be elected for terms of two years in each
730	even-numbered year.
731	(c)  QUALIFICATIONS.--Each legislator shall be at least
732	twenty-one years of age, shall be an elector and resident of the
733	district from which elected, and shall have resided in the state
734	for a period of two years prior to election.
735	(d)  ASSUMING OFFICE; VACANCIES.--Members of the
736	legislature shall take office upon election. A vacancy Vacancies
737	in a legislative office shall be filled only by election as
738	provided by law.
739	SECTION 16.  Legislative apportionment.--
740	(a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.--The
741	legislature at its regular session in the second year following
742	each decennial census, by joint resolution, shall apportion the
743	state in accordance with the Constitution of the State of
744	Florida and of the United States into not fewer less than thirty
745	nor more than forty consecutively numbered senatorial districts
746	of either contiguous, overlapping, or identical territory, and
747	into not less than eighty nor more than one hundred twenty
748	consecutively numbered representative districts of either
749	contiguous, overlapping, or identical territory. Should that
750	session adjourn without adopting such joint resolution, the
751	governor by proclamation shall reconvene the legislature within
752	thirty days in special apportionment session which shall not
753	exceed thirty consecutive days, during which no other business
754	shall be transacted, and it shall be the mandatory duty of the
755	legislature to adopt a joint resolution of apportionment.
756	(b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
757	REAPPORTIONMENT.--In the event a special apportionment session
758	of the legislature finally adjourns without adopting a joint
759	resolution of apportionment, the attorney general shall, within
760	five days, petition the supreme court of the state to make such
761	apportionment. No later than the sixtieth day after the filing
762	of such petition, the supreme court shall file with the
763	custodian of state records an order making such apportionment.
764	(c)  JUDICIAL REVIEW OF APPORTIONMENT.--Within fifteen days
765	after the passage of the joint resolution of apportionment, the
766	attorney general shall petition the supreme court of the state
767	for a declaratory judgment determining the validity of the
768	apportionment. The supreme court, in accordance with its rules,
769	shall permit adversary interests to present their views and,
770	within thirty days from the filing of the petition, shall enter
771	its judgment.
772	(d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
773	APPORTIONMENT SESSION.--A judgment of the supreme court of the
774	state determining the apportionment to be valid shall be binding
775	upon all the citizens of the state. Should the supreme court
776	determine that the apportionment made by the legislature is
777	invalid, the governor by proclamation shall reconvene the
778	legislature within five days thereafter in an extraordinary
779	apportionment session that which shall not exceed fifteen days,
780	during which the legislature shall adopt a joint resolution of
781	apportionment conforming to the judgment of the supreme court.
782	(e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
783	APPORTIONMENT.--Within fifteen days after the adjournment of an
784	extraordinary apportionment session, the attorney general shall
785	file a petition in the supreme court of the state setting forth
786	the apportionment resolution adopted by the legislature, or, if
787	none has been adopted, reporting that fact to the court.
788	Consideration of the validity of a joint resolution of
789	apportionment shall be had as provided for in cases of such
790	joint resolution adopted at a regular or special apportionment
791	session.
792	(f)  JUDICIAL REAPPORTIONMENT.--Should an extraordinary
793	apportionment session fail to adopt a resolution of
794	apportionment or should the supreme court determine that the
795	apportionment made is invalid, the court shall, not later than
796	sixty days after receiving the petition of the attorney general,
797	file with the custodian of state records an order making such
798	apportionment.
799	SECTION 17.  Impeachment.--
800	(a)  The governor, lieutenant governor, members of the
801	cabinet, justices of the supreme court, judges of district
802	courts of appeal, judges of circuit courts, and judges of county
803	courts shall be liable to impeachment for misdemeanor in office.
804	The house of representatives by two-thirds vote shall have the
805	power to impeach an officer. The speaker of the house of
806	representatives shall have power at any time to appoint a
807	committee to investigate charges against any officer subject to
808	impeachment.
809	(b)  An officer impeached by the house of representatives
810	shall be disqualified from performing any official duties until
811	acquitted by the senate, and, unless impeached, the governor may
812	by appointment fill the office until completion of the trial.
813	(c)  All impeachments by the house of representatives shall
814	be tried by the senate. The chief justice of the supreme court,
815	or another justice designated by the chief justice, shall
816	preside at the trial, except in a trial of the chief justice, in
817	which case the governor shall preside. The senate shall
818	determine the time for the trial of any impeachment and may sit
819	for the trial whether the house of representatives be in session
820	or not. The time fixed for trial shall not be more than six
821	months after the impeachment. During an impeachment trial
822	senators shall be upon their oath or affirmation. No officer
823	shall be convicted without the concurrence of two-thirds of the
824	members of the senate present. Judgment of conviction in cases
825	of impeachment shall remove the offender from office and, in the
826	discretion of the senate, may include disqualification to hold
827	any office of honor, trust, or profit. Conviction or acquittal
828	shall not affect the civil or criminal responsibility of the
829	officer.
830	SECTION 18.  Conflict of interest.--A code of ethics for
831	all state employees and nonjudicial officers prohibiting
832	conflict between public duty and private interests shall be
833	prescribed by law.
834	SECTION 18 19.  State budgeting, planning, and
835	appropriations processes.--
836	(a)  ANNUAL BUDGETING.--Effective July 1, 1994, General law
837	shall prescribe the adoption of annual state budgetary and
838	planning processes and require that detail reflecting the
839	annualized costs of the state budget and reflecting the
840	nonrecurring costs of the budget requests shall accompany state
841	department and agency legislative budget requests, the
842	governor's recommended budget, and appropriation bills. For
843	purposes of this subsection, the terms "department" and "agency"
844	shall include the judicial branch.
845	(b)  APPROPRIATION BILLS FORMAT.--Separate sections within
846	the general appropriation bill shall be used for each major
847	program area of the state budget; major program areas shall
848	include: education enhancement "lottery" trust fund items;
849	education (all other funds); human services; criminal justice
850	and corrections; natural resources, environment, growth
851	management, and transportation; general government; and judicial
852	branch. Each major program area shall include an itemization of
853	expenditures for: state operations; state capital outlay; aid to
854	local governments and nonprofit organizations operations; aid to
855	local governments and nonprofit organizations capital outlay;
856	federal funds and the associated state matching funds; spending
857	authorizations for operations; and spending authorizations for
858	capital outlay. Additionally, appropriation bills passed by the
859	legislature shall include an itemization of specific
860	appropriations that exceed one million dollars ($1,000,000.00)
861	in 1992 dollars. For purposes of this subsection, "specific
862	appropriation," "itemization," and "major program area" shall be
863	defined by law. This itemization threshold shall be adjusted by
864	general law every four years to reflect the rate of inflation or
865	deflation as indicated in the Consumer Price Index for All Urban
866	Consumers, U.S. City Average, All Items, or successor reports as
867	reported by the United States Department of Labor, Bureau of
868	Labor Statistics or its successor. Substantive bills containing
869	appropriations shall also be subject to the itemization
870	requirement mandated under this provision and shall be subject
871	to the governor's specific appropriation veto power described in
872	Article III, section 8. This subsection shall be effective July
873	1, 1994.
874	(c)  APPROPRIATIONS REVIEW PROCESS.--Effective July 1,
875	1993, General law shall prescribe requirements for each
876	department and agency of state government to submit a planning
877	document and supporting budget request for review by the
878	appropriations committees of both houses of the legislature. The
879	review shall include a comparison of the major issues in the
880	planning document and budget requests to those major issues
881	included in the governor's recommended budget. For purposes of
882	this subsection, the terms "department" and "agency" shall
883	include the judicial branch.
884	(d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.--All general
885	appropriation bills shall be furnished to each member of the
886	legislature, each member of the cabinet, the governor, and the
887	chief justice of the supreme court at least seventy-two hours
888	before final passage by either house of the legislature of the
889	bill in the form that will be presented to the governor.
890	(e)  FINAL BUDGET REPORT.--Effective November 4, 1992, A
891	final budget report shall be prepared as prescribed by general
892	law. The final budget report shall be produced no later than the
893	ninetieth 90th day after the beginning of the fiscal year, and
894	copies of the report shall be furnished to each member of the
895	legislature, the head of each department and agency of the
896	state, the auditor general, and the chief justice of the supreme
897	court.
898	(f)  TRUST FUNDS.
899	(1)  No trust fund of the State of Florida or other public
900	body may be created by law without a three-fifths (3/5)vote of
901	the membership of each house of the legislature in a separate
902	bill for that purpose only.
903	(2)  State trust funds in existence before the effective
904	date of this subsection shall terminate not more than four years
905	after the effective date of this subsection. State trust funds
906	created after November 4, 1992, the effective date of this
907	subsection shall terminate not more than four years after the
908	effective date of the act authorizing the creation of the trust
909	fund. By law the legislature may set a shorter time period for
910	which any trust fund is authorized.
911	(3)  Trust funds required by federal programs or mandates;
912	trust funds established for bond covenants, indentures, or
913	resolutions, whose revenues are legally pledged by the state or
914	public body to meet debt service or other financial requirements
915	of any debt obligations of the state or any public body; the
916	state transportation trust fund; the trust fund containing the
917	net annual proceeds from the Florida Education Lotteries; the
918	Florida retirement trust fund; trust funds for institutions
919	under the management of the Board of Regents, where such trust
920	funds are for auxiliary enterprises and contracts, grants, and
921	donations, as those terms are defined by general law; trust
922	funds that serve as clearing funds or accounts for the chief
923	financial officer or state agencies; trust funds that account
924	for assets held by the state in a trustee capacity as an agent
925	or fiduciary for individuals, private organizations, or other
926	governmental units; and other trust funds authorized by this
927	constitution, are not subject to the requirements set forth in
928	paragraph (2) of this subsection.
929	(4)  All cash balances and income of any trust funds
930	abolished under this subsection shall be deposited into the
931	general revenue fund.
932	(5)  The provisions of this subsection shall be effective
933	November 4, 1992.
934	(g)  BUDGET STABILIZATION FUND.--Beginning with the 1994-
935	1994-1995 fiscal year, at least 1% of an amount equal to the
936	last completed fiscal year's net revenue collections for the
937	general revenue fund shall be retained in a budget stabilization
938	fund. The budget stabilization fund shall be increased to at
939	least 2% of said amount for the 1995-1996 fiscal year, at least
940	3% of said amount for the 1996-1997 fiscal year, at least 4% of
941	said amount for the 1997-1998 fiscal year, and at least 5% of
942	said amount for the 1998-1999 fiscal year. Subject to the
943	provisions of this subsection, the budget stabilization fund
944	shall be maintained at an amount equal to at least five percent
945	5% of the last completed fiscal year's net revenue collections
946	for the general revenue fund. The budget stabilization fund's
947	principal balance shall not exceed an amount equal to ten
948	percent 10% of the last completed fiscal year's net revenue
949	collections for the general revenue fund. The legislature shall
950	provide criteria for withdrawing funds from the budget
951	stabilization fund in a separate bill for that purpose only and
952	only for the purpose of covering revenue shortfalls of the
953	general revenue fund or for the purpose of providing funding for
954	an emergency, as defined by general law. General law shall
955	provide for the restoration of this fund. The budget
956	stabilization fund shall be comprised of funds not otherwise
957	obligated or committed for any purpose.
958	(h)  STATE PLANNING DOCUMENT AND DEPARTMENT AND AGENCY
959	PLANNING DOCUMENT PROCESSES.--The governor shall recommend to
960	the legislature biennially any revisions to the state planning
961	document, as defined by law. General law shall require a
962	biennial review and revision of the state planning document,
963	shall require the governor to report to the legislature on the
964	progress in achieving the state planning document's goals, and
965	shall require all departments and agencies of state government
966	to develop planning documents consistent with the state planning
967	document. The state planning document and department and agency
968	planning documents shall remain subject to review and revision
969	by the legislature. The department and agency planning documents
970	shall include a prioritized listing of planned expenditures for
971	review and possible reduction in the event of revenue
972	shortfalls, as defined by general law. To ensure productivity
973	and efficiency in the executive, legislative, and judicial
974	branches, a quality management and accountability program shall
975	be implemented by general law. For the purposes of this
976	subsection, the terms "department" and "agency" shall include
977	the judicial branch. This subsection shall be effective July 1,
978	1993.
979
980	ARTICLE IV
981	EXECUTIVE
982
983	SECTION 1.  Governor.--
984	(a)  The supreme executive power shall be vested in a
985	governor, who shall be commander-in-chief of all military forces
986	of the state not in active service of the United States. The
987	governor shall take care that the laws be faithfully executed,
988	commission all officers of the state and counties, and transact
989	all necessary business with the officers of government. The
990	governor may require information in writing from all executive
991	or administrative state, county, or municipal officers upon any
992	subject relating to the duties of their respective offices. The
993	governor shall be the chief administrative officer of the state
994	responsible for the planning and budgeting for the state.
995	(b)  The governor may initiate judicial proceedings in the
996	name of the state against any executive or administrative state,
997	county, or municipal officer to enforce compliance with any duty
998	or restrain any unauthorized act.
999	(c)  The governor may request in writing the opinion of the
1000	justices of the supreme court as to the interpretation of any
1001	portion of this constitution upon any question affecting the
1002	governor's executive powers and duties. The justices shall,
1003	subject to their rules of procedure, permit interested persons
1004	to be heard on the questions presented and shall render their
1005	written opinion not earlier than ten days from the filing and
1006	docketing of the request, unless in their judgment the delay
1007	would cause public injury.
1008	(d)  The governor shall have power to call out the militia
1009	to preserve the public peace, execute the laws of the state,
1010	suppress insurrection, or repel invasion.
1011	(e)  The governor shall by message at least once in each
1012	regular session inform the legislature concerning the condition
1013	of the state, propose such reorganization of the executive
1014	department as will promote efficiency and economy, and recommend
1015	measures in the public interest.
1016	(f)  When not otherwise provided for in this constitution,
1017	the governor shall fill by appointment any vacancy in a state or
1018	county office for the remainder of the term of an appointive
1019	office, and for the remainder of the term of an elective office
1020	if less than twenty-eight months, otherwise until the first
1021	Tuesday after the first Monday following the next general
1022	election.
1023	SECTION 2.  Lieutenant governor.--There shall be a
1024	lieutenant governor, who shall perform such duties pertaining to
1025	the office of governor as shall be assigned by the governor,
1026	except when otherwise provided by law, and such other duties as
1027	may be prescribed by law.
1028	SECTION 3.  Succession to office of governor; acting
1029	governor.--
1030	(a)  Upon vacancy in the office of governor, the lieutenant
1031	governor shall become governor. Further succession to the office
1032	of governor shall be prescribed by law. A successor shall serve
1033	for the remainder of the term.
1034	(b)  Upon impeachment of the governor and until completion
1035	of trial thereof, or during the governor's physical or mental
1036	incapacity, the lieutenant governor shall act as governor.
1037	Further succession as acting governor shall be prescribed by
1038	law. Incapacity to serve as governor may be determined by the
1039	supreme court upon due notice after docketing of a written
1040	suggestion thereof by three cabinet members, and in such case
1041	restoration of capacity shall be similarly determined after
1042	docketing of written suggestion thereof by the governor, the
1043	legislature, or three cabinet members. Incapacity to serve as
1044	governor may also be established by certificate filed with the
1045	custodian of state records by the governor declaring incapacity
1046	for physical reasons to serve as governor, and in such case
1047	restoration of capacity shall be similarly established.
1048	SECTION 4.  Cabinet.--
1049	(a)  There shall be a cabinet composed of an attorney
1050	general, a chief financial officer, and a commissioner of
1051	agriculture. In addition to the powers and duties specified
1052	herein, they shall exercise such powers and perform such duties
1053	as may be prescribed by law. In the event of a tie vote of the
1054	governor and cabinet, the side on which the governor voted shall
1055	be deemed to prevail.
1056	(b)  The attorney general shall be the chief state legal
1057	officer. There is created in the office of the attorney general
1058	the position of statewide prosecutor. The statewide prosecutor
1059	shall have concurrent jurisdiction with the state attorneys to
1060	prosecute violations of criminal laws occurring or having
1061	occurred, in two or more judicial circuits as part of a related
1062	transaction, or when any such offense is affecting or has
1063	affected two or more judicial circuits as provided by general
1064	law. The statewide prosecutor shall be appointed by the attorney
1065	general from not fewer less than three persons nominated by the
1066	judicial nominating commission for the supreme court, or as
1067	otherwise provided by general law.
1068	(c)  The chief financial officer shall serve as the chief
1069	fiscal officer of the state, and shall settle and approve
1070	accounts against the state, and shall keep all state funds and
1071	securities.
1072	(d)  The commissioner of agriculture shall have supervision
1073	of matters pertaining to agriculture except as otherwise
1074	provided by law.
1075	(e)  The governor as chair, the chief financial officer,
1076	and the attorney general shall constitute the state board of
1077	administration, which shall succeed to all the power, control,
1078	and authority of the state board of administration established
1079	pursuant to Article IX, section 16 of the constitution of 1885,
1080	and which shall continue as a body at least for the life of
1081	Article XII, section 7(c) 9(c).
1082	(f)  The governor as chair, the chief financial officer,
1083	the attorney general, and the commissioner of agriculture shall
1084	constitute the trustees of the internal improvement trust fund
1085	and the land acquisition trust fund as provided by law.
1086	(g)  The governor as chair, the chief financial officer,
1087	the attorney general, and the commissioner of agriculture shall
1088	constitute the agency head of the Department of Law Enforcement.
1089	SECTION 5.  Election of governor, lieutenant governor, and
1090	cabinet members; qualifications; terms.--
1091	(a)  At a statewide state-wide general election in each
1092	calendar year the number of which is even but not a multiple of
1093	four, the electors shall choose a governor and a lieutenant
1094	governor and members of the cabinet each for a term of four
1095	years beginning on the first Tuesday after the first Monday in
1096	January of the succeeding year. In primary elections, candidates
1097	for the office of governor may choose to run without a
1098	lieutenant governor candidate. In the general election, all
1099	candidates for the offices of governor and lieutenant governor
1100	shall form joint candidacies in a manner prescribed by law so
1101	that each voter shall cast a single vote for a candidate for
1102	governor and a candidate for lieutenant governor running
1103	together.
1104	(b)  When elected, the governor, lieutenant governor, and
1105	each cabinet member must be an elector not less than thirty
1106	years of age who has resided in the state for the preceding
1107	seven years. The attorney general must have been a member of the
1108	bar of Florida for the preceding five years. No person who has,
1109	or but for resignation would have, served as governor or acting
1110	governor for more than six years in two consecutive terms shall
1111	be elected governor for the succeeding term.
1112	SECTION 6.  Executive departments.--All functions of the
1113	executive branch of state government shall be allotted among not
1114	more than twenty-five departments, exclusive of those
1115	specifically provided for or authorized in this constitution.
1116	The administration of each department, unless otherwise provided
1117	in this constitution, shall be placed by law under the direct
1118	supervision of the governor, the lieutenant governor, the
1119	governor and cabinet, a cabinet member, or an officer or board
1120	appointed by and serving at the pleasure of the governor,
1121	except:
1122	(a)  When provided by law, confirmation by the senate or
1123	the approval of three members of the cabinet shall be required
1124	for appointment to or removal from any designated statutory
1125	office.
1126	(b)  Boards authorized to grant and revoke licenses to
1127	engage in regulated occupations shall be assigned to appropriate
1128	departments and their members appointed for fixed terms, subject
1129	to removal only for cause.
1130	SECTION 7.  Suspensions; filling office during
1131	suspensions.--
1132	(a)  By executive order stating the grounds and filed with
1133	the custodian of state records, the governor may suspend from
1134	office any state officer not subject to impeachment, any officer
1135	of the militia not in the active service of the United States,
1136	or any county officer, for malfeasance, misfeasance, neglect of
1137	duty, drunkenness, incompetence, permanent inability to perform
1138	official duties, or commission of a felony, and may fill the
1139	office by appointment for the period of suspension. The
1140	suspended officer may at any time before removal be reinstated
1141	by the governor.
1142	(b)  The senate may, in proceedings prescribed by law,
1143	remove from office or reinstate the suspended official and for
1144	such purpose the senate may be convened in special session by
1145	its president or by a majority of its membership.
1146	(c)  By order of the governor, any elected municipal
1147	officer indicted for a crime may be suspended from office until
1148	acquitted and the office filled by appointment for the period of
1149	suspension, not to extend beyond the term, unless these powers
1150	are vested elsewhere by law or the municipal charter.
1151	SECTION 8.  Clemency.--
1152	(a)  Except in cases of treason and in cases where
1153	impeachment results in conviction, the governor may, by
1154	executive order filed with the custodian of state records,
1155	suspend collection of fines and forfeitures, grant reprieves not
1156	exceeding sixty days and, with the approval of two members of
1157	the cabinet, grant full or conditional pardons, restore civil
1158	rights, commute punishment, and remit fines and forfeitures for
1159	offenses.
1160	(b)  In cases of treason, the governor may grant reprieves
1161	until adjournment of the regular session of the legislature
1162	convening next after the conviction, at which session the
1163	legislature may grant a pardon or further reprieve; otherwise
1164	the sentence shall be executed.
1165	(c)  There may be created by law a parole and probation
1166	commission with power to supervise persons on probation and to
1167	grant paroles or conditional releases to persons under sentences
1168	for crime. The qualifications, method of selection and terms,
1169	not to exceed six years, of members of the commission shall be
1170	prescribed by law.
1171	SECTION 9.  Fish and wildlife conservation
1172	commission.--There shall be a fish and wildlife conservation
1173	commission, composed of seven members appointed by the governor,
1174	subject to confirmation by the senate for staggered terms of
1175	five years. The commission shall exercise the regulatory and
1176	executive powers of the state with respect to wild animal life
1177	and freshwater fresh water aquatic life, and shall also exercise
1178	regulatory and executive powers of the state with respect to
1179	marine life, except that all license fees for taking wild animal
1180	life, freshwater fresh water aquatic life, and marine life and
1181	penalties for violating regulations of the commission shall be
1182	prescribed by general law. The commission shall establish
1183	procedures to ensure adequate due process in the exercise of its
1184	regulatory and executive functions. The legislature may enact
1185	laws in aid of the commission, not inconsistent with this
1186	section, except that there shall be no special law or general
1187	law of local application pertaining to hunting or fishing. The
1188	commission's exercise of executive powers in the area of
1189	planning, budgeting, personnel management, and purchasing shall
1190	be as provided by law. Revenue derived from license fees for the
1191	taking of wild animal life and freshwater fresh water aquatic
1192	life shall be appropriated to the commission by the legislature
1193	for the purposes of management, protection, and conservation of
1194	wild animal life and freshwater fresh water aquatic life.
1195	Revenue derived from license fees relating to marine life shall
1196	be appropriated by the legislature for the purposes of
1197	management, protection, and conservation of marine life as
1198	provided by law. The commission shall not be a unit of any other
1199	state agency and shall have its own staff, which includes
1200	management, research, and enforcement. Unless provided by
1201	general law, the commission shall have no authority to regulate
1202	matters relating to air and water pollution.
1203	SECTION 10.  Attorney General.--The attorney general shall,
1204	as directed by general law, request the opinion of the justices
1205	of the supreme court as to the validity of any initiative
1206	petition circulated pursuant to Article XI, section 3 of Article
1207	XI. The justices shall, subject to their rules of procedure,
1208	permit interested persons to be heard on the questions presented
1209	and shall render their written opinion no later than April 1 of
1210	the year in which the initiative is to be submitted to the
1211	voters pursuant to Article XI, section 5 of Article XI.
1212	SECTION 11.  Department of Veterans Affairs.--The
1213	legislature, by general law, may provide for the establishment
1214	of the Department of Veterans Affairs.
1215	SECTION 12.  Department of Elderly Affairs.--The
1216	legislature may create a Department of Elderly Affairs and
1217	prescribe its duties. The provisions governing the
1218	administration of the department must comply with Article IV,
1219	section 6 of Article IV of the State Constitution.
1220	SECTION 13.  Revenue Shortfalls.--In the event of revenue
1221	shortfalls, as defined by general law, the governor and cabinet
1222	may establish all necessary reductions in the state budget in
1223	order to comply with the provisions of Article VII, section
1224	1(d). The governor and cabinet shall implement all necessary
1225	reductions for the executive budget, the chief justice of the
1226	supreme court shall implement all necessary reductions for the
1227	judicial budget, and the speaker of the house of representatives
1228	and the president of the senate shall implement all necessary
1229	reductions for the legislative budget. Budget reductions
1230	pursuant to this section shall be consistent with the provisions
1231	of Article III, section 18(h) 19(h).
1232
1233	ARTICLE V
1234	JUDICIARY
1235
1236	SECTION 1.  Courts.--The judicial power shall be vested in
1237	a supreme court, district courts of appeal, circuit courts, and
1238	county courts. No other courts may be established by the state,
1239	any political subdivision, or any municipality. The legislature
1240	shall, by general law, divide the state into appellate court
1241	districts and judicial circuits following county lines.
1242	Commissions established by law, or administrative officers or
1243	bodies, may be granted quasi-judicial power in matters connected
1244	with the functions of their offices. The legislature may
1245	establish, by general law, a civil traffic hearing officer
1246	system for the purpose of hearing civil traffic infractions. The
1247	legislature may, by general law, authorize a military court-
1248	martial to be conducted by military judges of the Florida
1249	National Guard, with direct appeal of a decision to the District
1250	Court of Appeal, First District.
1251	SECTION 2.  Administration; practice and procedure.--
1252	(a)  The supreme court shall adopt rules for the practice
1253	and procedure in all courts including the time for seeking
1254	appellate review, the administrative supervision of all courts,
1255	the transfer to the court having jurisdiction of any proceeding
1256	when the jurisdiction of another court has been improvidently
1257	invoked, and a requirement that no cause shall be dismissed
1258	because an improper remedy has been sought. The supreme court
1259	shall adopt rules to allow the court and the district courts of
1260	appeal to submit questions relating to military law to the
1261	federal Court of Appeals for the Armed Forces for an advisory
1262	opinion. Rules of court may be repealed by general law enacted
1263	by two-thirds vote of the membership of each house of the
1264	legislature.
1265	(b)  The chief justice of the supreme court shall be chosen
1266	by a majority of the members of the court; shall be the chief
1267	administrative officer of the judicial system; and shall have
1268	the power to assign justices or judges, including consenting
1269	retired justices or judges, to temporary duty in any court for
1270	which the judge is qualified and to delegate to a chief judge of
1271	a judicial circuit the power to assign judges for duty in that
1272	circuit.
1273	(c)  A chief judge for each district court of appeal shall
1274	be chosen by a majority of the judges thereof or, if there is no
1275	majority, by the chief justice. The chief judge shall be
1276	responsible for the administrative supervision of the court.
1277	(d)  A chief judge in each circuit shall be chosen from
1278	among the circuit judges as provided by supreme court rule. The
1279	chief judge shall be responsible for the administrative
1280	supervision of the circuit courts and county courts in his or
1281	her circuit.
1282	SECTION 3.  Supreme court.--
1283	(a)  ORGANIZATION.--The supreme court shall consist of
1284	seven justices. Of the seven justices, each appellate district
1285	shall have at least one justice elected or appointed from the
1286	district to the supreme court who is a resident of the district
1287	at the time of the original appointment or election. Five
1288	justices shall constitute a quorum. The concurrence of four
1289	justices shall be necessary to a decision. When recusals for
1290	cause would prohibit the court from convening because of the
1291	requirements of this section, judges assigned to temporary duty
1292	may be substituted for justices.
1293	(b)  JURISDICTION.--The supreme court:
1294	(1)  Shall hear appeals from final judgments of trial
1295	courts imposing the death penalty and from decisions of district
1296	courts of appeal declaring invalid a state statute or a
1297	provision of the state constitution.
1298	(2)  When provided by general law, shall hear appeals from
1299	final judgments entered in proceedings for the validation of
1300	bonds or certificates of indebtedness and shall review action of
1301	statewide agencies relating to rates or service of utilities
1302	providing electric, gas, or telephone service.
1303	(3)  May review any decision of a district court of appeal
1304	that expressly declares valid a state statute, or that expressly
1305	construes a provision of the state or federal constitution, or
1306	that expressly affects a class of constitutional or state
1307	officers, or that expressly and directly conflicts with a
1308	decision of another district court of appeal or of the supreme
1309	court on the same question of law.
1310	(4)  May review any decision of a district court of appeal
1311	that passes upon a question certified by it to be of great
1312	public importance, or that is certified by it to be in direct
1313	conflict with a decision of another district court of appeal.
1314	(5)  May review any order or judgment of a trial court
1315	certified by the district court of appeal, in which an appeal is
1316	pending, to be of great public importance, or to have a great
1317	effect on the proper administration of justice throughout the
1318	state, and certified to require immediate resolution by the
1319	supreme court.
1320	(6)  May review a question of law certified by the Supreme
1321	Court of the United States or a United States Court of Appeals
1322	which is determinative of the cause and for which there is no
1323	controlling precedent of the supreme court of Florida.
1324	(7)  May issue writs of prohibition to courts and all writs
1325	necessary to the complete exercise of its jurisdiction.
1326	(8)  May issue writs of mandamus and quo warranto to state
1327	officers and state agencies.
1328	(9)  May, or any justice may, issue writs of habeas corpus
1329	returnable before the supreme court or any justice, a district
1330	court of appeal or any judge thereof, or any circuit judge.
1331	(10)  Shall, when requested by the attorney general
1332	pursuant to the provisions of Article IV, section 10 of Article
1333	IV, render an advisory opinion of the justices, addressing
1334	issues as provided by general law.
1335	(c)  CLERK AND MARSHAL.--The supreme court shall appoint a
1336	clerk and a marshal who shall hold office at during the pleasure
1337	of the court and perform such duties as the court directs. Their
1338	compensation shall be fixed by general law. The marshal shall
1339	have the power to execute the process of the court throughout
1340	the state, and in any county may deputize the sheriff or a
1341	deputy sheriff for such purpose.
1342	SECTION 4.  District courts of appeal.--
1343	(a)  ORGANIZATION.--There shall be a district court of
1344	appeal serving each appellate district. Each district court of
1345	appeal shall consist of at least three judges. Three judges
1346	shall consider each case and the concurrence of two shall be
1347	necessary to a decision.
1348	(b)  JURISDICTION.--
1349	(1)  District courts of appeal shall have jurisdiction to
1350	hear appeals, that may be taken as a matter of right, from final
1351	judgments or orders of trial courts, including those entered on
1352	review of administrative action, not directly appealable to the
1353	supreme court or a circuit court. They may review interlocutory
1354	orders in such cases to the extent provided by rules adopted by
1355	the supreme court.
1356	(2)  District courts of appeal shall have the power of
1357	direct review of administrative action, as prescribed by general
1358	law.
1359	(3)  A district court of appeal or any judge thereof may
1360	issue writs of habeas corpus returnable before the court or any
1361	judge thereof or before any circuit judge within the territorial
1362	jurisdiction of the court. A district court of appeal may issue
1363	writs of mandamus, certiorari, prohibition, quo warranto, and
1364	other writs necessary to the complete exercise of its
1365	jurisdiction. To the extent necessary to dispose of all issues
1366	in a cause properly before it, a district court of appeal may
1367	exercise any of the appellate jurisdiction of the circuit
1368	courts.
1369	(c)  CLERKS AND MARSHALS.--Each district court of appeal
1370	shall appoint a clerk and a marshal who shall hold office during
1371	the pleasure of the court and perform such duties as the court
1372	directs. Their compensation shall be fixed by general law. The
1373	marshal shall have the power to execute the process of the court
1374	throughout the territorial jurisdiction of the court, and in any
1375	county may deputize the sheriff or a deputy sheriff for such
1376	purpose.
1377	SECTION 5.  Circuit courts.--
1378	(a)  ORGANIZATION.--There shall be a circuit court serving
1379	each judicial circuit.
1380	(b)  JURISDICTION.--The circuit courts shall have original
1381	jurisdiction not vested in the county courts, and jurisdiction
1382	of appeals when provided by general law. They shall have the
1383	power to issue writs of mandamus, quo warranto, certiorari,
1384	prohibition, and habeas corpus, and all writs necessary or
1385	proper to the complete exercise of their jurisdiction.
1386	Jurisdiction of the circuit courts court shall be uniform
1387	throughout the state. They shall have the power of direct review
1388	of administrative action prescribed by general law.
1389	SECTION 6.  County courts.--
1390	(a)  ORGANIZATION.--There shall be a county court in each
1391	county. There shall be one or more judges for each county court
1392	as prescribed by general law.
1393	(b)  JURISDICTION.--The county courts shall exercise the
1394	jurisdiction prescribed by general law. Such jurisdiction shall
1395	be uniform throughout the state.
1396	SECTION 7.  Specialized divisions.--All courts except the
1397	supreme court may sit in divisions as may be established by
1398	general law. A circuit or county court may hold civil and
1399	criminal trials and hearings in any place within the territorial
1400	jurisdiction of the court as designated by the chief judge of
1401	the circuit.
1402	SECTION 8.  Eligibility.--No person shall be eligible for
1403	office of justice or judge of any court unless the person is an
1404	elector of the state and resides in the territorial jurisdiction
1405	of the court. No justice or judge shall serve after attaining
1406	the age of seventy years except upon temporary assignment or to
1407	complete a term, one-half of which has been served. No person is
1408	eligible for the office of justice of the supreme court or judge
1409	of a district court of appeal unless the person is, and has been
1410	for the preceding ten years, a member of the bar of Florida. No
1411	person is eligible for the office of circuit judge unless the
1412	person is, and has been for the preceding five years, a member
1413	of the bar of Florida. Unless otherwise provided by general law,
1414	no person is eligible for the office of county court judge
1415	unless the person is, and has been for the preceding five years,
1416	a member of the bar of Florida. Unless otherwise provided by
1417	general law, a person shall be eligible for election or
1418	appointment to the office of county court judge in a county
1419	having a population of 40,000 or fewer less if the person is a
1420	member in good standing of the bar of Florida.
1421	SECTION 9.  Determination of number of judges.--The supreme
1422	court shall establish by rule uniform criteria for the
1423	determination of the need for additional judges except supreme
1424	court justices, the necessity for decreasing the number of
1425	judges and for increasing, decreasing, or redefining appellate
1426	districts and judicial circuits. If the supreme court finds that
1427	a need exists for increasing or decreasing the number of judges
1428	or increasing, decreasing, or redefining appellate districts and
1429	judicial circuits, it shall, prior to the next regular session
1430	of the legislature, certify to the legislature its findings and
1431	recommendations concerning such need. Upon receipt of such
1432	certificate, the legislature, at the next regular session, shall
1433	consider the findings and recommendations and may reject the
1434	recommendations or by law implement the recommendations in whole
1435	or in part; provided the legislature may create more judicial
1436	offices than are recommended by the supreme court or may
1437	decrease the number of judicial offices by a greater number than
1438	recommended by the court only upon a finding of two-thirds of
1439	the membership of both houses of the legislature, that such a
1440	need exists. A decrease in the number of judges shall be
1441	effective only after the expiration of a term. If the supreme
1442	court fails to make findings as provided above when need exists,
1443	the legislature may by concurrent resolution request the court
1444	to certify its findings and recommendations and upon the failure
1445	of the court to certify its findings for nine consecutive
1446	months, the legislature may, upon a finding of two-thirds of the
1447	membership of both houses of the legislature that a need exists,
1448	increase or decrease the number of judges or increase, decrease,
1449	or redefine appellate districts and judicial circuits.
1450	SECTION 10.  Retention; election and terms.--
1451	(a)  Any justice or judge may qualify for retention by a
1452	vote of the electors in the general election next preceding the
1453	expiration of the justice's or judge's term in the manner
1454	prescribed by law. If a justice or judge is ineligible or fails
1455	to qualify for retention, a vacancy shall exist in that office
1456	upon the expiration of the term being served by the justice or
1457	judge. When a justice or judge so qualifies, the ballot shall
1458	read substantially as follows: "Shall Justice (or Judge)   (name
1459	of justice or judge)   of the   (name of the court)   be
1460	retained in office?" If a majority of the qualified electors
1461	voting within the territorial jurisdiction of the court vote to
1462	retain, the justice or judge shall be retained for a term of six
1463	years. The term of the justice or judge retained shall commence
1464	on the first Tuesday after the first Monday in January following
1465	the general election. If a majority of the qualified electors
1466	voting within the territorial jurisdiction of the court vote to
1467	not retain, a vacancy shall exist in that office upon the
1468	expiration of the term being served by the justice or judge.
1469	(b)(1)  The election of circuit judges shall be preserved
1470	notwithstanding the provisions of subsection (a) unless a
1471	majority of those voting in the jurisdiction of that circuit
1472	approves a local option to select circuit judges by merit
1473	selection and retention rather than by election. The election of
1474	circuit judges shall be by a vote of the qualified electors
1475	within the territorial jurisdiction of the court.
1476	(2)  The election of county court judges shall be preserved
1477	notwithstanding the provisions of subsection (a) unless a
1478	majority of those voting in the jurisdiction of that county
1479	approves a local option to select county judges by merit
1480	selection and retention rather than by election. The election of
1481	county court judges shall be by a vote of the qualified electors
1482	within the territorial jurisdiction of the court.
1483	(3)a.  A vote to exercise a local option to select circuit
1484	court judges and county court judges by merit selection and
1485	retention rather than by election shall be held in each circuit
1486	and county at the general election in the year 2000. If a vote
1487	to exercise the this local option to select circuit court judges
1488	and county court judges by merit selection and retention rather
1489	than by election fails in a vote of the electors, such option
1490	shall not again be put to a vote of the electors of that
1491	jurisdiction until the expiration of at least two years.
1492	b.  After the year 2000, A circuit may initiate the local
1493	option for merit selection and retention or the election of
1494	circuit judges, whichever is applicable, by filing with the
1495	custodian of state records a petition signed by the number of
1496	electors equal to at least ten percent of the votes cast in the
1497	circuit in the last preceding election in which presidential
1498	electors were chosen.
1499	c.  After the year 2000, A county may initiate the local
1500	option for merit selection and retention or the election of
1501	county court judges, whichever is applicable, by filing with the
1502	supervisor of elections a petition signed by the number of
1503	electors equal to at least ten percent of the votes cast in the
1504	county in the last preceding election in which presidential
1505	electors were chosen. The terms of circuit judges and judges of
1506	county courts shall be for six years.
1507	SECTION 11.  Vacancies.--
1508	(a)  Whenever a vacancy occurs in a judicial office to
1509	which election for retention applies, the governor shall fill
1510	the vacancy by appointing for a term ending on the first Tuesday
1511	after the first Monday in January of the year following the next
1512	general election occurring at least one year after the date of
1513	appointment, one of not fewer than three persons nor more than
1514	six persons nominated by the appropriate judicial nominating
1515	commission.
1516	(b)  The governor shall fill each vacancy on a circuit
1517	court or on a county court, wherein the judges are elected by a
1518	majority vote of the electors, by appointing for a term ending
1519	on the first Tuesday after the first Monday in January of the
1520	year following the next primary and general election occurring
1521	at least one year after the date of appointment, one of not
1522	fewer than three persons nor more than six persons nominated by
1523	the appropriate judicial nominating commission. An election
1524	shall be held to fill that judicial office for the term of the
1525	office beginning at the end of the appointed term.
1526	(c)  The nominations shall be made within thirty days from
1527	the occurrence of a vacancy unless the period is extended by the
1528	governor for a time not to exceed thirty days. The governor
1529	shall make the appointment within sixty days after the
1530	nominations have been certified to the governor.
1531	(d)  There shall be a separate judicial nominating
1532	commission as provided by general law for the supreme court,
1533	each district court of appeal, and each judicial circuit for all
1534	trial courts within the circuit. Uniform rules of procedure
1535	shall be established by the judicial nominating commissions at
1536	each level of the court system. Such rules, or any part thereof,
1537	may be repealed by general law enacted by a majority vote of the
1538	membership of each house of the legislature, or by the supreme
1539	court, five justices concurring. Except for deliberations of the
1540	judicial nominating commissions, the proceedings of the
1541	commissions and their records shall be open to the public.
1542	SECTION 12.  Discipline; removal and retirement.--
1543	(a)  JUDICIAL QUALIFICATIONS COMMISSION.--A judicial
1544	qualifications commission is created.
1545	(1)  There shall be a judicial qualifications commission
1546	vested with jurisdiction to investigate and recommend to the
1547	Supreme Court of Florida the removal from office of any justice
1548	or judge whose conduct, during term of office or otherwise
1549	occurring, on or after November 1, 1966, (without regard to the
1550	effective date of this section) demonstrates a present unfitness
1551	to hold office, and to investigate and recommend the discipline
1552	of a justice or judge whose conduct, during term of office or
1553	otherwise occurring on or after November 1, 1966 (without regard
1554	to the effective date of this section), warrants such
1555	discipline. For purposes of this section the term, "discipline"
1556	is defined as any or all of the following: reprimand, fine,
1557	suspension with or without pay, or lawyer discipline. The
1558	commission shall have jurisdiction over justices and judges
1559	regarding allegations that misconduct occurred before or during
1560	service as a justice or judge if a complaint is made no later
1561	than one year following service as a justice or judge. The
1562	commission shall have jurisdiction regarding allegations of
1563	incapacity during service as a justice or judge. The commission
1564	shall be composed of:
1565	a.  Two judges of district courts of appeal selected by the
1566	judges of those courts, two circuit judges selected by the
1567	judges of the circuit courts and, two judges of county courts
1568	selected by the judges of those courts;
1569	b.  Four electors who reside in the state, who are members
1570	of the bar of Florida, and who shall be chosen by the governing
1571	body of the bar of Florida; and
1572	c.  Five electors who reside in the state, who have never
1573	held judicial office or been members of the bar of Florida, and
1574	who shall be appointed by the governor.
1575	(2)  The members of the judicial qualifications commission
1576	shall serve staggered terms, not to exceed six years, as
1577	prescribed by general law. No member of the commission except a
1578	judge shall be eligible for state judicial office while acting
1579	as a member of the commission and for a period of two years
1580	thereafter. No member of the commission shall hold office in a
1581	political party or participate in any campaign for judicial
1582	office or hold public office; provided that a judge may campaign
1583	for judicial office and hold that office. The commission shall
1584	elect one of its members as its chair chairperson.
1585	(3)  Members of the judicial qualifications commission who
1586	are not subject to impeachment shall be subject to removal from
1587	the commission pursuant to the provisions of Article IV, section
1588	7, Florida Constitution.
1589	(4)  The commission shall adopt rules regulating its
1590	proceedings, the filling of vacancies by the appointing
1591	authorities, the disqualification of members, the rotation of
1592	members between the panels, and the temporary replacement of
1593	disqualified or incapacitated members. The commission's rules,
1594	or any part thereof, may be repealed by general law enacted by a
1595	majority vote of the membership of each house of the
1596	legislature, or by the supreme court, five justices concurring.
1597	The commission shall have power to issue subpoenas. Until formal
1598	charges against a justice or judge are filed by the
1599	investigative panel with the clerk of the supreme court of
1600	Florida all proceedings by or before the commission shall be
1601	confidential; provided, however, upon a finding of probable
1602	cause and the filing by the investigative panel with said clerk
1603	of such formal charges against a justice or judge such charges
1604	and all further proceedings before the commission shall be
1605	public.
1606	(5)  The commission shall have access to all information
1607	from all executive, legislative, and judicial agencies,
1608	including grand juries, subject to the rules of the commission.
1609	At any time, on request of the speaker of the house of
1610	representatives or the governor, the commission shall make
1611	available all information in the possession of the commission
1612	for use in consideration of impeachment or suspension,
1613	respectively.
1614	(b)  PANELS.--The commission shall be divided into an
1615	investigative panel and a hearing panel as established by rule
1616	of the commission. The investigative panel is vested with the
1617	jurisdiction to receive or initiate complaints, conduct
1618	investigations, dismiss complaints, and upon a vote of a simple
1619	majority of the panel submit formal charges to the hearing
1620	panel. The hearing panel is vested with the authority to receive
1621	and hear formal charges from the investigative panel and upon a
1622	two-thirds vote of the panel recommend to the supreme court the
1623	removal of a justice or judge or the involuntary retirement of a
1624	justice or judge for any permanent disability that seriously
1625	interferes with the performance of judicial duties. Upon a
1626	simple majority vote of the membership of the hearing panel, the
1627	panel may recommend to the supreme court that the justice or
1628	judge be subject to appropriate discipline.
1629	(c)  SUPREME COURT.--The supreme court shall receive
1630	recommendations from the judicial qualifications commission's
1631	hearing panel.
1632	(1)  The supreme court may accept, reject, or modify in
1633	whole or in part the findings, conclusions, and recommendations
1634	of the commission and it may order that the justice or judge be
1635	subjected to appropriate discipline, or be removed from office
1636	with termination of compensation for willful or persistent
1637	failure to perform judicial duties or for other conduct
1638	unbecoming a member of the judiciary demonstrating a present
1639	unfitness to hold office, or be involuntarily retired for any
1640	permanent disability that seriously interferes with the
1641	performance of judicial duties. Mala fides Malafides, scienter,
1642	or moral turpitude on the part of a justice or judge shall not
1643	be required for removal from office of a justice or judge whose
1644	conduct demonstrates a present unfitness to hold office. After
1645	the filing of a formal proceeding and upon request of the
1646	investigative panel, the supreme court may suspend the justice
1647	or judge from office, with or without compensation, pending
1648	final determination of the inquiry.
1649	(2)  The supreme court may award costs to the prevailing
1650	party.
1651	(d)  The power of removal conferred by this section shall
1652	be both alternative and cumulative to the power of impeachment.
1653	(e)  Notwithstanding subsections (a)-(d) any of the
1654	foregoing provisions of this section, if the person who is the
1655	subject of proceedings by the judicial qualifications commission
1656	is a justice of the supreme court, of Florida all justices of
1657	the supreme such court are automatically shall be disqualified
1658	to sit as supreme court justices for any of such court with
1659	respect to all proceedings therein concerning him or her. such
1660	person and The supreme court for such purposes shall be composed
1661	of a panel consisting of the seven chief judges of the judicial
1662	circuits of this the state of Florida most senior in tenure of
1663	judicial office as circuit judge. For purposes of determining
1664	seniority of such circuit judges in the event there be judges of
1665	equal tenure in judicial office as circuit judge, the judge or
1666	judges from the lower numbered circuit or circuits shall be
1667	deemed senior. In the event any such chief circuit judge is
1668	under investigation by the judicial qualifications commission or
1669	is otherwise disqualified or unable to serve on the panel, the
1670	next most senior chief circuit judge or judges shall serve in
1671	place of such disqualified or disabled chief circuit judge.
1672	(f)  SCHEDULE TO SECTION 12.--
1673	(1)  Except to the extent inconsistent with the provisions
1674	of this section, all provisions of law and rules of court in
1675	force on the effective date of this article shall continue in
1676	effect until superseded in the manner authorized by this the
1677	constitution.
1678	(2)  After this section becomes effective and until adopted
1679	by rule of the commission consistent with it:
1680	a.  The commission shall be divided, as determined by the
1681	chairperson, into one investigative panel and one hearing panel
1682	to meet the responsibilities set forth in this section.
1683	b.  The investigative panel shall be composed of:
1684	1.  Four judges,
1685	2.  Two members of the bar of Florida, and
1686	3.  Three non-lawyers.
1687	c.  The hearing panel shall be composed of:
1688	1.  Two judges,
1689	2.  Two members of the bar of Florida, and
1690	3.  Two non-lawyers.
1691	d.  Membership on the panels may rotate in a manner
1692	determined by the rules of the commission provided that no
1693	member shall vote as a member of the investigative and hearing
1694	panel on the same proceeding.
1695	e.  The commission shall hire separate staff for each
1696	panel.
1697	f.  The members of the commission shall serve for staggered
1698	terms of six years.
1699	g.  The terms of office of the present members of the
1700	judicial qualifications commission shall expire upon the
1701	effective date of the amendments to this section approved by the
1702	legislature during the regular session of the legislature in
1703	1996 and new members shall be appointed to serve the following
1704	staggered terms:
1705	1.  Group I.--The terms of five members, composed of two
1706	electors as set forth in  s. 12(a)(1)c. of Article V, one member
1707	of the bar of Florida as set forth in  s. 12(a)(1)b. of Article
1708	V, one judge from the district courts of appeal and one circuit
1709	judge as set forth in  s. 12(a)(1)a. of Article V, shall expire
1710	on December 31, 1998.
1711	2.  Group II.--The terms of five members, composed of one
1712	elector as set forth in s. 12(a)(1)c. of Article V, two members
1713	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
1714	V, one circuit judge and one county judge as set forth in s.
1715	12(a)(1)a. of Article V shall expire on December 31, 2000.
1716	3.  Group III.--The terms of five members, composed of two
1717	electors as set forth in s. 12(a)(1)c. of Article V, one member
1718	of the bar of Florida as set forth in s. 12(a)(1)b., one judge
1719	from the district courts of appeal and one county judge as set
1720	forth in s. 12(a)(1)a. of Article V, shall expire on December
1721	31, 2002.
1722	g.h.  An appointment to fill a vacancy of the commission
1723	shall be for the remainder of the term.
1724	h.i.  Selection of members by district courts of appeal
1725	judges, circuit judges, and county court judges, shall be by no
1726	less than a majority of the members voting at the respective
1727	courts' conferences. Selection of members by the board of
1728	governors of the bar of Florida shall be by no less than a
1729	majority of the board.
1730	i.j.  The commission shall be entitled to recover the costs
1731	of investigation and prosecution, in addition to any penalty
1732	levied by the supreme court.
1733	j.k.  The compensation of members and referees shall be the
1734	travel expenses or transportation and per diem allowance as
1735	provided by general law.
1736	SECTION 13.  Prohibited activities.--All justices and
1737	judges shall devote full time to their judicial duties. They
1738	shall not engage in the practice of law or hold office in any
1739	political party.
1740	SECTION 14.  Funding.--
1741	(a)  All justices and judges shall be compensated only by
1742	state salaries fixed by general law. Funding for the state
1743	courts system, state attorneys' offices, public defenders'
1744	offices, and court-appointed counsel, except as otherwise
1745	provided in subsection (c), shall be provided from state
1746	revenues appropriated by general law.
1747	(b)  All funding for the offices of the clerks of the
1748	circuit and county courts performing court-related functions,
1749	except as otherwise provided in this subsection and subsection
1750	(c), shall be provided by adequate and appropriate filing fees
1751	for judicial proceedings and service charges and costs for
1752	performing court-related functions as required by general law.
1753	Selected salaries, costs, and expenses of the state courts
1754	system may be funded from appropriate filing fees for judicial
1755	proceedings and service charges and costs for performing court-
1756	related functions, as provided by general law. Where the
1757	requirements of either the United States Constitution or this
1758	the constitution of the State of Florida preclude the imposition
1759	of filing fees for judicial proceedings and service charges and
1760	costs for performing court-related functions sufficient to fund
1761	the court-related functions of the offices of the clerks of the
1762	circuit and county courts, the state shall provide, as
1763	determined by the legislature, adequate and appropriate
1764	supplemental funding from state revenues appropriated by general
1765	law.
1766	(c)  No county or municipality, except as provided in this
1767	subsection, shall be required to provide any funding for the
1768	state courts system, state attorneys' offices, public defenders'
1769	offices, court-appointed counsel, or the offices of the clerks
1770	of the circuit and county courts performing court-related
1771	functions. Counties shall be required to fund the cost of
1772	communications services, existing radio systems, existing multi-
1773	agency criminal justice information systems, and the cost of
1774	construction or lease, maintenance, utilities, and security of
1775	facilities for the trial courts, public defenders' offices,
1776	state attorneys' offices, and the offices of the clerks of the
1777	circuit and county courts performing court-related functions.
1778	Counties shall also pay reasonable and necessary salaries,
1779	costs, and expenses of the state courts system to meet local
1780	requirements as determined by general law.
1781	(d)  The judiciary shall have no power to fix
1782	appropriations.
1783	SECTION 15.  Attorneys; admission and discipline.--The
1784	supreme court shall have exclusive jurisdiction to regulate the
1785	admission of persons to the practice of law and the discipline
1786	of persons admitted.
1787	SECTION 16.  Clerks of the circuit courts.--There shall be
1788	in each county a clerk of the circuit court who shall be
1789	selected pursuant to the provisions of Article VIII, section 1.
1790	Notwithstanding any other provision of this the constitution,
1791	the duties of the clerk of the circuit court may be divided by
1792	special or general law between two officers, one serving as
1793	clerk of court and one serving as ex officio clerk of the board
1794	of county commissioners, auditor, recorder, and custodian of all
1795	county funds. There may be a clerk of the county court if
1796	authorized by general or special law.
1797	SECTION 17.  State attorneys.--In each judicial circuit, a
1798	state attorney shall be elected for a term of four years. Except
1799	as otherwise provided in this constitution, the state attorney
1800	shall be the prosecuting officer of all trial courts in that
1801	circuit and shall perform other duties prescribed by general
1802	law; provided, however, when authorized by general law, the
1803	violations of all municipal ordinances may be prosecuted by
1804	municipal prosecutors. A state attorney shall be an elector of
1805	the state and reside in the territorial jurisdiction of the
1806	circuit,; shall be and have been a member of the bar of Florida
1807	for the preceding five years,; shall devote full time to the
1808	duties of the office,; and shall not engage in the private
1809	practice of law. State attorneys shall appoint such assistant
1810	state attorneys as may be authorized by law.
1811	SECTION 18.  Public defenders.--In each judicial circuit, a
1812	public defender shall be elected for a term of four years, who
1813	shall perform duties prescribed by general law. A public
1814	defender shall be an elector of the state and reside in the
1815	territorial jurisdiction of the circuit and shall be and have
1816	been a member of the bar of Florida for the preceding five
1817	years. Public defenders shall appoint such assistant public
1818	defenders as may be authorized by law.
1819	SECTION 19.  Judicial officers as conservators of the
1820	peace.--All judicial officers in this state shall be
1821	conservators of the peace.
1822	SECTION 20.  Schedule to Article V.--
1823	(a)  This article shall replace all of Article V of the
1824	constitution of 1885, as amended, which shall then stand
1825	repealed.
1826	(b)  Except to the extent inconsistent with the provisions
1827	of this article, all provisions of law and rules of court in
1828	force on the effective date of this article shall continue in
1829	effect until superseded in the manner authorized by this the
1830	constitution.
1831	(c)  After this article becomes effective, and until
1832	changed by general law consistent with sections 1 through 19 of
1833	this article:
1834	(1)  The supreme court shall have the jurisdiction
1835	immediately theretofore exercised by it, and it shall determine
1836	all proceedings pending before it on the effective date of this
1837	article.
1838	(2)  The appellate districts shall be those in existence on
1839	the date of adoption of this article. There shall be a district
1840	court of appeal in each district. The district courts of appeal
1841	shall have the jurisdiction immediately theretofore exercised by
1842	the district courts of appeal and shall determine all
1843	proceedings pending before them on the effective date of this
1844	article.
1845	(3)  Circuit courts shall have jurisdiction of appeals from
1846	county courts and municipal courts, except those appeals which
1847	may be taken directly to the supreme court; and they shall have
1848	exclusive original jurisdiction in all actions at law not
1849	cognizable by the county courts; of proceedings relating to the
1850	settlement of the estate of decedents and minors, the granting
1851	of letters testamentary, guardianship, involuntary
1852	hospitalization, the determination of incompetency, and other
1853	jurisdiction usually pertaining to courts of probate; in all
1854	cases in equity including all cases relating to juveniles; of
1855	all felonies and of all misdemeanors arising out of the same
1856	circumstances as a felony which is also charged; in all cases
1857	involving legality of any tax assessment or toll; in the action
1858	of ejectment; and in all actions involving the titles or
1859	boundaries or right of possession of real property. The circuit
1860	court may issue injunctions. There shall be judicial circuits
1861	which shall be the judicial circuits in existence on the date of
1862	adoption of this article. The chief judge of a circuit may
1863	authorize a county court judge to order emergency
1864	hospitalizations pursuant to Chapter 71-131, Laws of Florida, in
1865	the absence from the county of the circuit judge and the county
1866	court judge shall have the power to issue all temporary orders
1867	and temporary injunctions necessary or proper to the complete
1868	exercise of such jurisdiction.
1869	(4)  County courts shall have original jurisdiction in all
1870	criminal misdemeanor cases not cognizable by the circuit courts,
1871	of all violations of municipal and county ordinances, and of all
1872	actions at law in which the matter in controversy does not
1873	exceed the sum of two thousand five hundred dollars ($2,500.00)
1874	exclusive of interest and costs, except those within the
1875	exclusive jurisdiction of the circuit courts. Judges of county
1876	courts shall be committing magistrates. The county courts shall
1877	have jurisdiction now exercised by the county judge's courts
1878	other than that vested in the circuit court by paragraph
1879	subsection (c)(3) hereof, the jurisdiction now exercised by the
1880	county courts, the claims court, the small claims courts, the
1881	small claims magistrates courts, magistrates courts, justice of
1882	the peace courts, municipal courts and courts of chartered
1883	counties, including but not limited to the counties referred to
1884	in Article VIII, sections 9, 10, 11 and 24 of the constitution
1885	of 1885.
1886	(5)  Each judicial nominating commission shall be composed
1887	of the following:
1888	a.  Three members appointed by the Board of Governors of
1889	The Florida Bar from among The Florida Bar members who are
1890	actively engaged in the practice of law with offices within the
1891	territorial jurisdiction of the affected court, district or
1892	circuit;
1893	b.  Three electors who reside in the territorial
1894	jurisdiction of the court or circuit appointed by the governor;
1895	and
1896	c.  Three electors who reside in the territorial
1897	jurisdiction of the court or circuit and who are not members of
1898	the bar of Florida, selected and appointed by a majority vote of
1899	the other six members of the commission.
1900	(6)  No justice or judge shall be a member of a judicial
1901	nominating commission. A member of a judicial nominating
1902	commission may hold public office other than judicial office. No
1903	member shall be eligible for appointment to state judicial
1904	office so long as that person is a member of a judicial
1905	nominating commission and for a period of two years thereafter.
1906	All acts of a judicial nominating commission shall be made with
1907	a concurrence of a majority of its members.
1908	(7)  The members of a judicial nominating commission shall
1909	serve for a term of four years. except the terms of the initial
1910	members of the judicial nominating commissions shall expire as
1911	follows:
1912	a.  The terms of one member of category a. b. and c. in
1913	subsection (c)(5) hereof shall expire on July 1, 1974;
1914	b.  The terms of one member of category a. b. and c. in
1915	subsection (c)(5) hereof shall expire on July 1, 1975;
1916	c.  The terms of one member of category a. b. and c. in
1917	subsection (c)(5) hereof shall expire on July 1, 1976;
1918	(8)  All fines and forfeitures arising from offenses tried
1919	in the county court shall be collected, and accounted for by
1920	clerk of the court, and deposited in a special trust account.
1921	All fines and forfeitures received from violations of ordinances
1922	or misdemeanors committed within a county or municipal
1923	ordinances committed within a municipality within the
1924	territorial jurisdiction of the county court shall be paid
1925	monthly to the county or municipality respectively. If any costs
1926	are assessed and collected in connection with offenses tried in
1927	county court, all court costs shall be paid into the general
1928	revenue fund of the state of Florida and such other funds as
1929	prescribed by general law.
1930	(9)  Any municipality or county may apply to the chief
1931	judge of the circuit in which that municipality or county is
1932	situated for the county court to sit in a location suitable to
1933	the municipality or county and convenient in time and place to
1934	its citizens and police officers and upon such application said
1935	chief judge shall direct the court to sit in the location unless
1936	the chief judge shall determine the request is not justified. If
1937	the chief judge does not authorize the county court to sit in
1938	the location requested, the county or municipality may apply to
1939	the supreme court for an order directing the county court to sit
1940	in the location. Any municipality or county which so applies
1941	shall be required to provide the appropriate physical facilities
1942	in which the county court may hold court.
1943	(10)  All courts except the supreme court may sit in
1944	divisions as may be established by local rule approved by the
1945	supreme court.
1946	(11)  A county court judge in any county having a
1947	population of 40,000 or fewer less according to the last
1948	decennial census, shall not be required to be a member of the
1949	bar of Florida.
1950	(12)  Municipal prosecutors may prosecute violations of
1951	municipal ordinances.
1952	(13)  "Justice" shall mean a justice elected or appointed
1953	to the supreme court and shall not include any judge assigned
1954	from any court.
1955	(d)  When this article becomes effective:
1956	(1)  All courts not herein authorized, except as provided
1957	by paragraph subsection (d)(4) of this section shall cease to
1958	exist and jurisdiction to conclude all pending cases and enforce
1959	all prior orders and judgments shall vest in the court that
1960	would have jurisdiction of the cause if thereafter instituted.
1961	All records of and property held by courts abolished hereby
1962	shall be transferred to the proper office of the appropriate
1963	court under this article.
1964	(2)  Judges of the following courts, if their terms do not
1965	expire in 1973 and if they are eligible under paragraph
1966	subsection (d)(8) hereof, shall become additional judges of the
1967	circuit court for each of the counties of their respective
1968	circuits, and shall serve as such circuit judges for the
1969	remainder of the terms to which they were elected and shall be
1970	eligible for election as circuit judges thereafter. These courts
1971	are: civil court of record of Dade county, all criminal courts
1972	of record, the felony courts of record of Alachua, Leon, and
1973	Volusia Counties, the courts of record of Broward, Brevard,
1974	Escambia, Hillsborough, Lee, Manatee, and Sarasota Counties, the
1975	civil and criminal court of record of Pinellas County, and
1976	county judge's courts and separate juvenile courts in counties
1977	having a population in excess of 100,000 according to the 1970
1978	federal census. On the effective date of this article, there
1979	shall be an additional number of positions of circuit judges
1980	equal to the number of existing circuit judges and the number of
1981	judges of the above named courts whose term expires in 1973.
1982	Elections to such offices shall take place at the same time and
1983	manner as elections to other state judicial offices in 1972 and
1984	the terms of such offices shall be for a term of six years.
1985	Unless changed pursuant to section nine of this article, the
1986	number of circuit judges presently existing and created by this
1987	subsection shall not be changed.
1988	(3)  In all counties having a population of fewer less than
1989	100,000 according to the 1970 federal census and having more
1990	than one county judge on the date of the adoption of this
1991	article, there shall be the same number of judges of the county
1992	court as there are county judges existing on that date unless
1993	changed pursuant to section 9 of this article.
1994	(4)  Municipal courts shall continue with their same
1995	jurisdiction until amended or terminated in a manner prescribed
1996	by special or general law or ordinances, or until January 3,
1997	1977, whichever occurs first. On that date all municipal courts
1998	not previously abolished shall cease to exist. Judges of
1999	municipal courts shall remain in office and be subject to
2000	reappointment or reelection in the manner prescribed by law
2001	until said courts are terminated pursuant to the provisions of
2002	this subsection. Upon municipal courts being terminated or
2003	abolished in accordance with the provisions of this subsection,
2004	the judges thereof who are not members of the bar of Florida,
2005	shall be eligible to seek election as judges of county courts of
2006	their respective counties.
2007	(5)  Judges, holding elective office in all other courts
2008	abolished by this article, whose terms do not expire in 1973
2009	including judges established pursuant to Article VIII, sections
2010	9 and 11 of the constitution of 1885 shall serve as judges of
2011	the county court for the remainder of the term to which they
2012	were elected. Unless created pursuant to section 9, of this
2013	Article V such judicial office shall not continue to exist
2014	thereafter.
2015	(6)  By March 21, 1972, the supreme court shall certify the
2016	need for additional circuit and county judges. The legislature
2017	in the 1972 regular session may by general law create additional
2018	offices of judge, the terms of which shall begin on the
2019	effective date of this article. Elections to such offices shall
2020	take place at the same time and manner as election to other
2021	state judicial offices in 1972.
2022	(6)(7)  County judges of existing county judge's courts and
2023	justices of the peace and magistrates' court who are not members
2024	of bar of Florida shall be eligible to seek election as county
2025	court judges of their respective counties.
2026	(7)(8)  No judge of a court abolished by this article shall
2027	become or be eligible to become a judge of the circuit court
2028	unless the judge has been a member of bar of Florida for the
2029	preceding five years.
2030	(8)(9)  The office of judges of all other courts abolished
2031	by this article shall be abolished as of the effective date of
2032	this article.
2033	(10)  The offices of county solicitor and prosecuting
2034	attorney shall stand abolished, and all county solicitors and
2035	prosecuting attorneys holding such offices upon the effective
2036	date of this article shall become and serve as assistant state
2037	attorneys for the circuits in which their counties are situate
2038	for the remainder of their terms, with compensation not less
2039	than that received immediately before the effective date of this
2040	article.
2041	(e)  LIMITED OPERATION OF SOME PROVISIONS.--
2042	(1)  All justices of the supreme court, judges of the
2043	district courts of appeal and circuit judges in office upon the
2044	effective date of this article shall retain their offices for
2045	the remainder of their respective terms. All members of the
2046	judicial qualifications commission in office upon the effective
2047	date of this article shall retain their offices for the
2048	remainder of their respective terms. Each state attorney in
2049	office on the effective date of this article shall retain the
2050	office for the remainder of the term.
2051	(2)  No justice or judge holding office immediately after
2052	this article becomes effective who held judicial office on July
2053	1, 1957, shall be subject to retirement from judicial office
2054	because of age pursuant to section 8 of this article.
2055	(f)  Until otherwise provided by law, the nonjudicial
2056	duties required of county judges shall be performed by the
2057	judges of the county court.
2058	(g)  All provisions of Article V of the Constitution of
2059	1885, as amended, not embraced herein which are not inconsistent
2060	with this revision shall become statutes subject to modification
2061	or repeal as are other statutes.
2062	(h)  The requirements of section 14 relative to all county
2063	court judges or any judge of a municipal court who continues to
2064	hold office pursuant to subsection (d)(4) hereof being
2065	compensated by state salaries shall not apply prior to January
2066	3, 1977, unless otherwise provided by general law.
2067	(g)(i)  DELETION OF OBSOLETE SCHEDULE ITEMS.--The
2068	legislature shall have power, by concurrent resolution, to
2069	delete from this article any subsection of this section 20
2070	including this subsection, when all events to which the
2071	subsection to be deleted is or could become applicable have
2072	occurred. A legislative determination of fact made as a basis
2073	for application of this subsection shall be subject to judicial
2074	review.
2075	(j)  EFFECTIVE DATE.--Unless otherwise provided herein,
2076	this article shall become effective at 11:59 o'clock P.M.,
2077	Eastern Standard Time, January 1, 1973.
2078
2079	ARTICLE VI
2080	SUFFRAGE AND ELECTIONS
2081
2082	SECTION 1.  Regulation of elections.--All elections by the
2083	people shall be by direct and secret vote. General elections
2084	shall be determined by a plurality of votes cast. Registration
2085	and elections shall, and political party functions may, be
2086	regulated by law; however, the requirements for a candidate with
2087	no party affiliation or for a candidate of a minor party for
2088	placement of the candidate's name on the ballot shall be no
2089	greater than the requirements for a candidate of the party
2090	having the largest number of registered voters.
2091	SECTION 2.  Electors.--Every citizen of the United States
2092	who is at least eighteen years of age and who is a permanent
2093	resident of the state, if registered as provided by law, shall
2094	be an elector of the county where registered.
2095	SECTION 3.  Oath.--Each eligible citizen upon registering
2096	shall subscribe the following:  "I do solemnly swear (or affirm)
2097	that I will protect and defend the Constitution of the United
2098	States and the Constitution of the State of Florida, and that I
2099	am qualified to register as an elector under the Constitution
2100	and laws of the State of Florida."
2101	SECTION 4.  Disqualifications.--
2102	(a)  No person convicted of a felony, or adjudicated in
2103	this or any other state to be mentally incompetent, shall be
2104	qualified to vote or hold office until restoration of civil
2105	rights or removal of disability.
2106	(b)  No person may appear on the ballot for re-election to
2107	any of the following offices:
2108	(1)  Florida representative,
2109	(2)  Florida senator,
2110	(3)  Florida Lieutenant governor, or
2111	(4)  Any office of the Florida cabinet,
2112	(5)  U.S. Representative from Florida, or
2113	(6)  U.S. Senator from Florida
2114
2115	if, by the end of the current term of office, the person will
2116	have served (or, but for resignation, would have served) in that
2117	office for eight consecutive years.
2118	SECTION 5.  Primary, general, and special elections.--
2119	(a)  A general election shall be held in each county on the
2120	first Tuesday after the first Monday in November of each even-
2121	numbered year to choose a successor to each elective state and
2122	county officer whose term will expire before the next general
2123	election and, except as provided herein, to fill each vacancy in
2124	elective office for the unexpired portion of the term. A general
2125	election may be suspended or delayed due to a state of emergency
2126	or impending emergency pursuant to general law. Special
2127	elections and referenda shall be held as provided by law.
2128	(b)  If all candidates for an office have the same party
2129	affiliation and the winner will have no opposition in the
2130	general election, all qualified electors, regardless of party
2131	affiliation, may vote in the primary elections for that office.
2132	SECTION 6.  Municipal and district elections.--Registration
2133	and elections in municipalities shall, and in other governmental
2134	entities created by statute may, be provided by law.
2135	SECTION 7.  Campaign spending limits and funding of
2136	campaigns for elective statewide state-wide office.--It is the
2137	policy of this state to provide for state-wide elections in
2138	which all qualified candidates may compete effectively. A method
2139	of public financing for campaigns for state-wide office shall be
2140	established by law. Spending limits shall be established for
2141	such campaigns for candidates who use public funds in their
2142	campaigns. The legislature shall provide funding for this
2143	provision. General law implementing this paragraph shall be at
2144	least as protective of effective competition by a candidate who
2145	uses public funds as the general law in effect on January 1,
2146	1998.
2147
2148	ARTICLE VII
2149	FINANCE AND TAXATION
2150
2151	SECTION 1.  Taxation; appropriations; state expenses; state
2152	revenue limitation.--
2153	(a)  No tax shall be levied except in pursuance of law. No
2154	state ad valorem taxes shall be levied upon real estate or
2155	tangible personal property. All other forms of taxation shall be
2156	preempted to the state except as provided by general law.
2157	(b)  Motor vehicles, boats, airplanes, trailers, trailer
2158	coaches, and mobile homes, as defined by law, shall be subject
2159	to a license tax for their operation in the amounts and for the
2160	purposes prescribed by law, but shall not be subject to ad
2161	valorem taxes.
2162	(c)  No money shall be drawn from the treasury except in
2163	pursuance of appropriation made by law.
2164	(d)  Provision shall be made by law for raising sufficient
2165	revenue to defray the expenses of the state for each fiscal
2166	period.
2167	(e)  Except as provided herein, state revenues collected
2168	for any fiscal year shall be limited to state revenues allowed
2169	under this subsection for the prior fiscal year plus an
2170	adjustment for growth. As used in this subsection, "growth"
2171	means an amount equal to the average annual rate of growth in
2172	Florida personal income over the most recent twenty quarters
2173	times the state revenues allowed under this subsection for the
2174	prior fiscal year. For the 1995-1996 fiscal year, the state
2175	revenues allowed under this subsection for the prior fiscal year
2176	shall equal the state revenues collected for the 1994-1995
2177	fiscal year. Florida personal income shall be determined by the
2178	legislature, from information available from the United States
2179	Department of Commerce or its successor on the first day of
2180	February prior to the beginning of the fiscal year. State
2181	revenues collected for any fiscal year in excess of this
2182	limitation shall be transferred to the budget stabilization fund
2183	until the fund reaches the maximum balance specified in Article
2184	III, section 18(g) 19(g) of Article III, and thereafter shall be
2185	refunded to taxpayers as provided by general law. State revenues
2186	allowed under this subsection for any fiscal year may be
2187	increased by a two-thirds vote of the membership of each house
2188	of the legislature in a separate bill that contains no other
2189	subject and that sets forth the dollar amount by which the state
2190	revenues allowed will be increased. The vote may not be taken
2191	less than seventy-two hours after the third reading of the bill.
2192	For purposes of this subsection, "state revenues" means taxes,
2193	fees, licenses, and charges for services imposed by the
2194	legislature on individuals, businesses, or agencies outside
2195	state government. However, "state revenues" does not include:
2196	revenues that are necessary to meet the requirements set forth
2197	in documents authorizing the issuance of bonds by the state;
2198	revenues that are used to provide matching funds for the federal
2199	Medicaid program with the exception of the revenues used to
2200	support the Public Medical Assistance Trust Fund or its
2201	successor program and with the exception of state matching funds
2202	used to fund elective expansions made after July 1, 1994;
2203	proceeds from the state lottery returned as prizes; receipts of
2204	the Florida Hurricane Catastrophe Fund; balances carried forward
2205	from prior fiscal years; taxes, licenses, fees, and charges for
2206	services imposed by local, regional, or school district
2207	governing bodies; or revenue from taxes, licenses, fees, and
2208	charges for services required to be imposed by any amendment or
2209	revision to this constitution after July 1, 1994. An adjustment
2210	to the revenue limitation shall be made by general law to
2211	reflect the fiscal impact of transfers of responsibility for the
2212	funding of governmental functions between the state and other
2213	levels of government. The legislature shall, by general law,
2214	prescribe procedures necessary to administer this subsection.
2215	SECTION 2.  Taxes; rate.--All ad valorem taxation shall be
2216	at a uniform rate within each taxing unit, except the taxes on
2217	intangible personal property may be at different rates but shall
2218	never exceed two mills on the dollar of assessed value;
2219	provided, as to any obligations secured by mortgage, deed of
2220	trust, or other lien on real estate wherever located, an
2221	intangible tax of not more than two mills on the dollar may be
2222	levied by law to be in lieu of all other intangible assessments
2223	on such obligations.
2224	SECTION 3.  Taxes; exemptions.--
2225	(a)  All property owned by a municipality and used
2226	exclusively by it for municipal or public purposes shall be
2227	exempt from taxation. A municipality, owning property outside
2228	the municipality, may be required by general law to make payment
2229	to the taxing unit in which the property is located. Such
2230	portions of property as are used predominantly for educational,
2231	literary, scientific, religious, or charitable purposes may be
2232	exempted by general law from taxation.
2233	(b)  There shall be exempt from taxation, cumulatively, to
2234	every head of a family residing in this state, household goods
2235	and personal effects to the value fixed by general law, not less
2236	than one thousand dollars, and to every widow or widower or
2237	person who is blind or totally and permanently disabled,
2238	property to the value fixed by general law not less than five
2239	hundred dollars.
2240	(c)  Any county or municipality may, for the purpose of its
2241	respective tax levy and subject to the provisions of this
2242	subsection and general law, grant community and economic
2243	development ad valorem tax exemptions to new businesses and
2244	expansions of existing businesses, as defined by general law.
2245	Such an exemption may be granted only by ordinance of the county
2246	or municipality, and only after the electors of the county or
2247	municipality voting on such question in a referendum authorize
2248	the county or municipality to adopt such ordinances. An
2249	exemption so granted shall apply to improvements to real
2250	property made by or for the use of a new business and
2251	improvements to real property related to the expansion of an
2252	existing business and shall also apply to tangible personal
2253	property of such new business and tangible personal property
2254	related to the expansion of an existing business. The amount or
2255	limits of the amount of such exemption shall be specified by
2256	general law. The period of time for which such exemption may be
2257	granted to a new business or expansion of an existing business
2258	shall be determined by general law. The authority to grant such
2259	exemption shall expire ten years from the date of approval by
2260	the electors of the county or municipality, and may be renewable
2261	by referendum as provided by general law.
2262	(d)  By general law and subject to conditions specified
2263	therein, there may be granted an ad valorem tax exemption to a
2264	renewable energy source device and to real property on which
2265	such device is installed and operated, to the value fixed by
2266	general law not to exceed the original cost of the device, and
2267	for the period of time fixed by general law not to exceed ten
2268	years.
2269	(e)  Any county or municipality may, for the purpose of its
2270	respective tax levy and subject to the provisions of this
2271	subsection and general law, grant historic preservation ad
2272	valorem tax exemptions to owners of historic properties. This
2273	exemption may be granted only by ordinance of the county or
2274	municipality. The amount or limits of the amount of this
2275	exemption and the requirements for eligible properties must be
2276	specified by general law. The period of time for which this
2277	exemption may be granted to a property owner shall be determined
2278	by general law.
2279	SECTION 4.  Taxation; assessments.--By General law
2280	regulations shall prescribe regulations that be prescribed which
2281	shall secure a just valuation of all property for ad valorem
2282	taxation, provided:
2283	(a)  Agricultural land, land producing high water recharge
2284	to Florida's aquifers, or land used exclusively for
2285	noncommercial recreational purposes may be classified by general
2286	law and assessed solely on the basis of character or use.
2287	(b)  Pursuant to general law, tangible personal property
2288	held for sale as stock in trade and livestock may be valued for
2289	taxation at a specified percentage of its value, may be
2290	classified for tax purposes, or may be exempted from taxation.
2291	(c)  All persons entitled to a homestead exemption under
2292	section 6 of this Article shall have their homestead assessed at
2293	just value as of January 1, 1994 of the year following the
2294	effective date of this amendment. This assessment shall change
2295	only as provided herein.
2296	(1)  Assessments subject to this provision shall be changed
2297	annually on January 1st of each year; but those changes in
2298	assessments shall not exceed the lower of the following:
2299	a.  Three percent (3%) of the assessment for the prior
2300	year.
2301	b.  The percent change in the Consumer Price Index for all
2302	urban consumers, U.S. City Average, all items 1967=100, or
2303	successor reports for the preceding calendar year as initially
2304	reported by the United States Department of Labor, Bureau of
2305	Labor Statistics.
2306	(2)  No assessment shall exceed just value.
2307	(3)  After any change of ownership, as provided by general
2308	law, homestead property shall be assessed at just value as of
2309	January 1 of the following year. Thereafter, the homestead shall
2310	be assessed as provided herein.
2311	(4)  New homestead property shall be assessed at just value
2312	as of January 1st of the year following the establishment of the
2313	homestead. That assessment shall only change as provided herein.
2314	(5)  Changes, additions, reductions, or improvements to
2315	homestead property shall be assessed as provided for by general
2316	law; provided, however, after the adjustment for any change,
2317	addition, reduction, or improvement, the property shall be
2318	assessed as provided herein.
2319	(6)  In the event of a termination of homestead status, the
2320	property shall be assessed as provided by general law.
2321	(7)  The provisions of this amendment are severable. If any
2322	of the provisions of this amendment shall be held
2323	unconstitutional by any court of competent jurisdiction, the
2324	decision of such court shall not affect or impair any remaining
2325	provisions of this amendment.
2326	(d)  The legislature may, by general law, for assessment
2327	purposes and subject to the provisions of this subsection, allow
2328	counties and municipalities to authorize by ordinance that
2329	historic property may be assessed solely on the basis of
2330	character or use. Such character or use assessment shall apply
2331	only to the jurisdiction adopting the ordinance. The
2332	requirements for eligible properties must be specified by
2333	general law.
2334	(e)  A county may, in the manner prescribed by general law,
2335	provide for a reduction in the assessed value of homestead
2336	property to the extent of any increase in the assessed value of
2337	that property which results from the construction or
2338	reconstruction of the property for the purpose of providing
2339	living quarters for one or more natural or adoptive grandparents
2340	or parents of the owner of the property or of the owner's spouse
2341	if at least one of the grandparents or parents for whom the
2342	living quarters are provided is 62 years of age or older. Such a
2343	reduction may not exceed the lesser of the following:
2344	(1)  The increase in assessed value resulting from
2345	construction or reconstruction of the property.
2346	(2)  Twenty percent of the total assessed value of the
2347	property as improved.
2348	SECTION 5.  Estate, inheritance, and income taxes.--
2349	(a)  NATURAL PERSONS.--No tax upon estates or inheritances
2350	or upon the income of natural persons who are residents or
2351	citizens of the state shall be levied by the state, or under its
2352	authority, in excess of the aggregate of amounts that which may
2353	be allowed to be credited upon or deducted from any similar tax
2354	levied by the United States or any state.
2355	(b)  OTHERS.--No tax upon the income of residents and
2356	citizens other than natural persons shall be levied by the
2357	state, or under its authority, in excess of five percent 5% of
2358	net income, as defined by law, or at such greater rate as is
2359	authorized by a three-fifths(3/5)vote of the membership of each
2360	house of the legislature or as will provide for the state the
2361	maximum amount which may be allowed to be credited against
2362	income taxes levied by the United States and other states. There
2363	shall be exempt from taxation not less than five thousand
2364	dollars ($5,000) of the excess of net income subject to tax over
2365	the maximum amount allowed to be credited against income taxes
2366	levied by the United States and other states.
2367	(c)  EFFECTIVE DATE.  This section shall become effective
2368	immediately upon approval by the electors of Florida.
2369	SECTION 6.  Homestead exemptions.--
2370	(a)  Every person who has the legal or equitable title to
2371	real estate and maintains thereon the permanent residence of the
2372	owner, or another legally or naturally dependent upon the owner,
2373	shall be exempt from taxation thereon, except assessments for
2374	special benefits, up to the assessed valuation of five thousand
2375	dollars, upon establishment of right thereto in the manner
2376	prescribed by law. The real estate may be held by legal or
2377	equitable title, by the entireties, jointly, in common, as a
2378	condominium, or indirectly by stock ownership or membership
2379	representing the owner's or member's proprietary interest in a
2380	corporation owning a fee or a leasehold initially in excess of
2381	ninety-eight years.
2382	(b)  Not more than one exemption shall be allowed any
2383	individual or family unit or with respect to any residential
2384	unit. No exemption shall exceed the value of the real estate
2385	assessable to the owner or, in case of ownership through stock
2386	or membership in a corporation, the value of the proportion
2387	which the interest in the corporation bears to the assessed
2388	value of the property.
2389	(c)  By general law and subject to conditions specified
2390	therein, the exemption shall be increased to a total of twenty-
2391	five thousand dollars of the assessed value of the real estate
2392	for each school district levy. By general law and subject to
2393	conditions specified therein, the exemption for all other levies
2394	may be increased up to an amount not exceeding ten thousand
2395	dollars of the assessed value of the real estate if the owner
2396	has attained age sixty-five or is totally and permanently
2397	disabled and if the owner is not entitled to the exemption
2398	provided in subsection (d).
2399	(d)  By general law and subject to conditions specified
2400	therein, the exemption shall be increased to a total of the
2401	following amounts of assessed value of real estate for each levy
2402	other than those of school districts: fifteen thousand dollars
2403	with respect to 1980 assessments; twenty thousand dollars with
2404	respect to 1981 assessments; twenty-five thousand dollars with
2405	respect to assessments for 1982 and each year thereafter.
2406	However, such increase shall not apply with respect to any
2407	assessment roll until such roll is first determined to be in
2408	compliance with the provisions of section 4 by a state agency
2409	designated by general law. This subsection shall stand repealed
2410	on the effective date of any amendment to section 4 which
2411	provides for the assessment of homestead property at a specified
2412	percentage of its just value.
2413	(e)  By general law and subject to conditions specified
2414	therein, the legislature may provide to renters, who are
2415	permanent residents, ad valorem tax relief on all ad valorem tax
2416	levies. Such ad valorem tax relief shall be in the form and
2417	amount established by general law.
2418	(f)  The legislature may, by general law, allow counties or
2419	municipalities, for the purpose of their respective tax levies
2420	and subject to the provisions of general law, to grant an
2421	additional homestead tax exemption not exceeding twenty-five
2422	thousand dollars to any person who has the legal or equitable
2423	title to real estate and maintains thereon the permanent
2424	residence of the owner and who has attained age sixty-five and
2425	whose household income, as defined by general law, does not
2426	exceed twenty thousand dollars. The general law must allow
2427	counties and municipalities to grant this additional exemption,
2428	within the limits prescribed in this subsection, by ordinance
2429	adopted in the manner prescribed by general law, and must
2430	provide for the periodic adjustment of the income limitation
2431	prescribed in this subsection for changes in the cost of living.
2432	SECTION 7.  Allocation of pari-mutuel taxes.--Taxes upon
2433	the operation of pari-mutuel pools may be preempted to the state
2434	or allocated in whole or in part to the counties. When allocated
2435	to the counties, the distribution shall be in equal amounts to
2436	the several counties.
2437	SECTION 8.  Aid to local governments.--State funds may be
2438	appropriated to the several counties, school districts,
2439	municipalities, or special districts upon such conditions as may
2440	be provided by general law. These conditions may include the use
2441	of relative ad valorem assessment levels determined by a state
2442	agency designated by general law.
2443	SECTION 9.  Local taxes.--
2444	(a)  Counties, school districts, and municipalities shall,
2445	and special districts may, be authorized by law to levy ad
2446	valorem taxes and may be authorized by general law to levy other
2447	taxes, for their respective purposes, except ad valorem taxes on
2448	intangible personal property and taxes prohibited by this
2449	constitution.
2450	(b)  Ad valorem taxes, exclusive of taxes levied for the
2451	payment of bonds and taxes levied for periods not longer than
2452	two years when authorized by vote of the electors who are the
2453	owners of freeholds therein not wholly exempt from taxation,
2454	shall not be levied in excess of the following millages upon the
2455	assessed value of real estate and tangible personal property:
2456	for all county purposes, ten mills; for all municipal purposes,
2457	ten mills; for all school purposes, ten mills; for water
2458	management purposes for the northwest portion of the state lying
2459	west of the line between ranges two and three east, 0.05 mill;
2460	for water management purposes for the remaining portions of the
2461	state, 1.0 mill; and for all other special districts a millage
2462	authorized by law approved by vote of the electors who are
2463	owners of freeholds therein not wholly exempt from taxation. A
2464	county furnishing municipal services may, to the extent
2465	authorized by law, levy additional taxes within the limits fixed
2466	for municipal purposes.
2467	SECTION 10.  Pledging credit.--Neither the state nor any
2468	county, school district, municipality, special district, or
2469	agency of any of them, shall become a joint owner with, or
2470	stockholder of, or give, lend, or use its taxing power or credit
2471	to aid any corporation, association, partnership, or person; but
2472	this shall not prohibit laws authorizing:
2473	(a)  The investment of public trust funds;
2474	(b)  The investment of other public funds in obligations
2475	of, or insured by, the United States or any of its
2476	instrumentalities;
2477	(c)  The issuance and sale by any county, municipality,
2478	special district, or other local governmental body of (1)
2479	revenue bonds to finance or refinance the cost of capital
2480	projects for airports or port facilities, or (2) revenue bonds
2481	to finance or refinance the cost of capital projects for
2482	industrial or manufacturing plants to the extent that the
2483	interest thereon is exempt from income taxes under the then
2484	existing laws of the United States, when, in either case, the
2485	revenue bonds are payable solely from revenue derived from the
2486	sale, operation, or leasing of the projects. If any project so
2487	financed, or any part thereof, is occupied or operated by any
2488	private corporation, association, partnership, or person
2489	pursuant to contract or lease with the issuing body, the
2490	property interest created by such contract or lease shall be
2491	subject to taxation to the same extent as other privately owned
2492	property.
2493	(d)  A municipality, county, special district, or agency of
2494	any of them, being a joint owner of, giving, or lending or using
2495	its taxing power or credit for the joint ownership,
2496	construction, and operation of electrical energy generating or
2497	transmission facilities with any corporation, association,
2498	partnership, or person.
2499	SECTION 11.  State bonds; revenue bonds.--
2500	(a)  State bonds pledging the full faith and credit of the
2501	state may be issued only to finance or refinance the cost of
2502	state fixed capital outlay projects authorized by law, and
2503	purposes incidental thereto, upon approval by a vote of the
2504	electors; provided state bonds issued pursuant to this
2505	subsection may be refunded without a vote of the electors at a
2506	lower net average interest cost rate. The total outstanding
2507	principal of state bonds issued pursuant to this subsection
2508	shall never exceed fifty percent of the total tax revenues of
2509	the state for the two preceding fiscal years, excluding any tax
2510	revenues held in trust under the provisions of this
2511	constitution.
2512	(b)  Moneys sufficient to pay debt service on state bonds
2513	as the same becomes due shall be appropriated by law.
2514	(c)  Any state bonds pledging the full faith and credit of
2515	the state issued under this section or any other section of this
2516	constitution may be combined for the purposes of sale.
2517	(d)  Revenue bonds may be issued by the state or its
2518	agencies without a vote of the electors to finance or refinance
2519	the cost of state fixed capital outlay projects authorized by
2520	law, and purposes incidental thereto, and shall be payable
2521	solely from funds derived directly from sources other than state
2522	tax revenues.
2523	(e)  Bonds pledging all or part of a dedicated state tax
2524	revenue may be issued by the state in the manner provided by
2525	general law to finance or refinance the acquisition and
2526	improvement of land, water areas, and related property interests
2527	and resources for the purposes of conservation, outdoor
2528	recreation, water resource development, restoration of natural
2529	systems, and historic preservation.
2530	(f)  Each project, building, or facility to be financed or
2531	refinanced with revenue bonds issued under this section shall
2532	first be approved by the legislature by an act relating to
2533	appropriations or by general law.
2534	SECTION 12.  Local bonds.--Counties, school districts,
2535	municipalities, special districts, and local governmental bodies
2536	with taxing powers may issue bonds, certificates of
2537	indebtedness, or any form of tax anticipation certificates,
2538	payable from ad valorem taxation and maturing more than twelve
2539	months after issuance only:
2540	(a)  To finance or refinance capital projects authorized by
2541	law and only when approved by vote of the electors who are
2542	owners of freeholds therein not wholly exempt from taxation; or
2543	(b)  To refund outstanding bonds and interest and
2544	redemption premium thereon at a lower net average interest cost
2545	rate.
2546	SECTION 13.  Relief from illegal taxes.--Until payment of
2547	all taxes which have been legally assessed upon the property of
2548	the same owner, no court shall grant relief from the payment of
2549	any tax that may be illegal or illegally assessed.
2550	SECTION 14.  Bonds for pollution control and abatement and
2551	other water facilities.--
2552	(a)  When authorized by law, state bonds pledging the full
2553	faith and credit of the state may be issued without an election
2554	to finance the construction of air and water pollution control
2555	and abatement and solid waste disposal facilities and other
2556	water facilities authorized by general law (herein referred to
2557	as "facilities") to be operated by any municipality, county,
2558	district or authority, or any agency thereof (herein referred to
2559	as "local governmental agencies"), or by any agency of the State
2560	of Florida. Such bonds shall be secured by a pledge of and shall
2561	be payable primarily from all or any part of revenues to be
2562	derived from operation of such facilities, special assessments,
2563	rentals to be received under lease-purchase agreements herein
2564	provided for, any other revenues that may be legally available
2565	for such purpose, including revenues from other facilities, or
2566	any combination thereof (herein collectively referred to as
2567	"pledged revenues"), and shall be additionally secured by the
2568	full faith and credit of the State of Florida.
2569	(b)  No such bonds shall be issued unless a state fiscal
2570	agency, created by law, has made a determination that in no
2571	state fiscal year will the debt service requirements of the
2572	bonds proposed to be issued and all other bonds secured by the
2573	pledged revenues exceed seventy-five percent per cent of the
2574	pledged revenues.
2575	(c)  The state may lease any of such facilities to any
2576	local governmental agency, under lease-purchase agreements for
2577	such periods and under such other terms and conditions as may be
2578	mutually agreed upon. The local governmental agencies may pledge
2579	the revenues derived from such leased facilities or any other
2580	available funds for the payment of rentals thereunder; and, in
2581	addition, the full faith and credit and taxing power of such
2582	local governmental agencies may be pledged for the payment of
2583	such rentals without any election of freeholder electors or
2584	qualified electors.
2585	(d)  The state may also issue such bonds for the purpose of
2586	loaning money to local governmental agencies, for the
2587	construction of such facilities to be owned or operated by any
2588	of such local governmental agencies. Such loans shall bear
2589	interest at not more than one-half of one percent per cent per
2590	annum greater than the last preceding issue of state bonds
2591	pursuant to this section, shall be secured by the pledged
2592	revenues, and may be additionally secured by the full faith and
2593	credit of the local governmental agencies.
2594	(e)  The total outstanding principal of state bonds issued
2595	pursuant to this section 14 shall never exceed fifty percent per
2596	cent of the total tax revenues of the state for the two
2597	preceding fiscal years.
2598	SECTION 15.  Revenue bonds for scholarship loans.--
2599	(a)  When authorized by law, revenue bonds may be issued to
2600	establish a fund to make loans to students determined eligible
2601	as prescribed by law and who have been admitted to attend any
2602	public or private institutions of higher learning, junior
2603	colleges, health related training institutions, or vocational
2604	training centers, which are recognized or accredited under terms
2605	and conditions prescribed by law. Revenue bonds issued pursuant
2606	to this section shall be secured by a pledge of and shall be
2607	payable primarily from payments of interest, principal, and
2608	handling charges to such fund from the recipients of the loans
2609	and, if authorized by law, may be additionally secured by
2610	student fees and by any other moneys in such fund. There shall
2611	be established from the proceeds of each issue of revenue bonds
2612	a reserve account in an amount equal to and sufficient to pay
2613	the greatest amount of principal, interest, and handling charges
2614	to become due on such issue in any ensuing state fiscal year.
2615	(b)  Interest moneys in the fund established pursuant to
2616	this section, not required in any fiscal year for payment of
2617	debt service on then outstanding revenue bonds or for
2618	maintenance of the reserve account, may be used for educational
2619	loans to students determined to be eligible therefor in the
2620	manner provided by law, or for such other related purposes as
2621	may be provided by law.
2622	SECTION 16.  Bonds for housing and related facilities.--
2623	(a)  When authorized by law, revenue bonds may be issued
2624	without an election to finance or refinance housing and related
2625	facilities in Florida, herein referred to as "facilities."
2626	(b)  The bonds shall be secured by a pledge of and shall be
2627	payable primarily from all or any part of revenues to be derived
2628	from the financing, operation, or sale of such facilities,
2629	mortgage or loan payments, and any other revenues or assets that
2630	may be legally available for such purposes derived from sources
2631	other than ad valorem taxation, including revenues from other
2632	facilities, or any combination thereof, herein collectively
2633	referred to as "pledged revenues," provided that in no event
2634	shall the full faith and credit of the state be pledged to
2635	secure such revenue bonds.
2636	(c)  No bonds shall be issued unless a state fiscal agency,
2637	created by law, has made a determination that in no state fiscal
2638	year will the debt service requirements of the bonds proposed to
2639	be issued and all other bonds secured by the same pledged
2640	revenues exceed the pledged revenues available for payment of
2641	such debt service requirements, as defined by law.
2642	SECTION 17.  Bonds for acquiring transportation right-of-
2643	way or for constructing bridges.--
2644	(a)  When authorized by law, state bonds pledging the full
2645	faith and credit of the state may be issued, without a vote of
2646	the electors, to finance or refinance the cost of acquiring real
2647	property or the rights to real property for state roads as
2648	defined by law, or to finance or refinance the cost of state
2649	bridge construction, and purposes incidental to such property
2650	acquisition or state bridge construction.
2651	(b)  Bonds issued under this section shall be secured by a
2652	pledge of and shall be payable primarily from motor fuel or
2653	special fuel taxes, except those defined in Article XII, section
2654	7(c) 9(c) of Article XII, as provided by law, and shall
2655	additionally be secured by the full faith and credit of the
2656	state.
2657	(c)  No bonds shall be issued under this section unless a
2658	state fiscal agency, created by law, has made a determination
2659	that in no state fiscal year will the debt service requirements
2660	of the bonds proposed to be issued and all other bonds secured
2661	by the same pledged revenues exceed ninety percent of the
2662	pledged revenues available for payment of such debt service
2663	requirements, as defined by law. For the purposes of this
2664	subsection, the term "pledged revenues" means all revenues
2665	pledged to the payment of debt service, excluding any pledge of
2666	the full faith and credit of the state.
2667	SECTION 18.  Laws requiring counties or municipalities to
2668	spend funds or limiting their ability to raise revenue or
2669	receive state tax revenue.--
2670	(a)  No county or municipality shall be bound by any
2671	general law requiring such county or municipality to spend funds
2672	or to take an action requiring the expenditure of funds unless
2673	the legislature has determined that such law fulfills an
2674	important state interest and unless:  funds have been
2675	appropriated that have been estimated at the time of enactment
2676	to be sufficient to fund such expenditure; the legislature
2677	authorizes or has authorized a county or municipality to enact a
2678	funding source not available for such county or municipality on
2679	February 1, 1989, that can be used to generate the amount of
2680	funds estimated to be sufficient to fund such expenditure by a
2681	simple majority vote of the governing body of such county or
2682	municipality; the law requiring such expenditure is approved by
2683	two-thirds of the membership in each house of the legislature;
2684	the expenditure is required to comply with a law that applies to
2685	all persons similarly situated, including the state and local
2686	governments; or the law is either required to comply with a
2687	federal requirement or required for eligibility for a federal
2688	entitlement, which federal requirement specifically contemplates
2689	actions by counties or municipalities for compliance.
2690	(b)  Except upon approval of each house of the legislature
2691	by two-thirds of the membership, the legislature may not enact,
2692	amend, or repeal any general law if the anticipated effect of
2693	doing so would be to reduce the authority that municipalities or
2694	counties have to raise revenues in the aggregate, as such
2695	authority exists on February 1, 1989.
2696	(c)  Except upon approval of each house of the legislature
2697	by two-thirds of the membership, the legislature may not enact,
2698	amend, or repeal any general law if the anticipated effect of
2699	doing so would be to reduce the percentage of a state tax shared
2700	with counties and municipalities as an aggregate on February 1,
2701	1989. The provisions of this subsection shall not apply to
2702	enhancements enacted after February 1, 1989, to state tax
2703	sources, or during a fiscal emergency declared in a written
2704	joint proclamation issued by the president of the senate and the
2705	speaker of the house of representatives, or where the
2706	legislature provides additional state-shared revenues that which
2707	are anticipated to be sufficient to replace the anticipated
2708	aggregate loss of state-shared revenues resulting from the
2709	reduction of the percentage of the state tax shared with
2710	counties and municipalities, which source of replacement
2711	revenues shall be subject to the same requirements for repeal or
2712	modification as provided herein for a state-shared tax source
2713	existing on February 1, 1989.
2714	(d)  Laws adopted to require funding of pension benefits
2715	existing on November 6, 1990; the effective date of this
2716	section, criminal laws;, election laws;, the general
2717	appropriations act;, special appropriations acts;, laws
2718	reauthorizing but not expanding then-existing statutory
2719	authority;, laws having insignificant fiscal impact;, and laws
2720	creating, modifying, or repealing noncriminal infractions, are
2721	exempt from the requirements of this section.
2722	(e)  The legislature may enact laws to assist in the
2723	implementation and enforcement of this section.
2724
2725	ARTICLE VIII
2726	LOCAL GOVERNMENT
2727
2728	SECTION 1.  Counties.--
2729	(a)  POLITICAL SUBDIVISIONS.--The state shall be divided by
2730	law into political subdivisions called counties. Counties may be
2731	created, abolished, or changed by law, with provision for
2732	payment or apportionment of the public debt.
2733	(b)  COUNTY FUNDS.--The care, custody, and method of
2734	disbursing county funds shall be provided by general law.
2735	(c)  GOVERNMENT.--Pursuant to general or special law, a
2736	county government may be established by charter that which shall
2737	be adopted, amended, or repealed only upon vote of the electors
2738	of the county in a special election called for that purpose.
2739	(d)  COUNTY OFFICERS.--There shall be elected by the
2740	electors of each county, for terms of four years, a sheriff, a
2741	tax collector, a property appraiser, a supervisor of elections,
2742	and a clerk of the circuit court; except, when provided by
2743	county charter or special law approved by vote of the electors
2744	of the county, any county officer may be chosen in another
2745	manner therein specified, or any county office may be abolished
2746	when all the duties of the office prescribed by general law are
2747	transferred to another office. When not otherwise provided by
2748	county charter or special law approved by vote of the electors,
2749	the clerk of the circuit court shall be ex officio clerk of the
2750	board of county commissioners, auditor, recorder, and custodian
2751	of all county funds.
2752	(e)  COMMISSIONERS.--Except when otherwise provided by
2753	county charter, the governing body of each county shall be a
2754	board of county commissioners composed of five or seven members
2755	serving staggered terms of four years. After each decennial
2756	census, the board of county commissioners shall divide the
2757	county into districts of contiguous territory as nearly equal in
2758	population as practicable. One commissioner residing in each
2759	district shall be elected as provided by law.
2760	(f)  NON-CHARTER GOVERNMENT.--Counties not operating under
2761	county charters shall have such power of self-government as is
2762	provided by general or special law. The board of county
2763	commissioners of a county not operating under a charter may
2764	enact, in a manner prescribed by general law, county ordinances
2765	not inconsistent with general or special law, but an ordinance
2766	in conflict with a municipal ordinance shall not be effective
2767	within the municipality to the extent of such conflict.
2768	(g)  CHARTER GOVERNMENT.--Counties operating under county
2769	charters shall have all powers of local self-government not
2770	inconsistent with general law, or with special law approved by
2771	vote of the electors. The governing body of a county operating
2772	under a charter may enact county ordinances not inconsistent
2773	with general law. The charter shall provide which shall prevail
2774	in the event of conflict between county and municipal
2775	ordinances.
2776	(h)  TAXES; LIMITATION.--Property situate within
2777	municipalities shall not be subject to taxation for services
2778	rendered by the county exclusively for the benefit of the
2779	property or residents in unincorporated areas.
2780	(i)  COUNTY ORDINANCES.--Each county ordinance shall be
2781	filed with the custodian of state records and shall become
2782	effective at such time thereafter as is provided by general law.
2783	(j)  VIOLATION OF ORDINANCES.--Persons violating county
2784	ordinances shall be prosecuted and punished as provided by law.
2785	(k)  COUNTY SEAT.--In every county there shall be a county
2786	seat at which shall be located the principal offices and
2787	permanent records of all county officers. The county seat may
2788	not be moved except as provided by general law. Branch offices
2789	for the conduct of county business may be established elsewhere
2790	in the county by resolution of the governing body of the county
2791	in the manner prescribed by law. No instrument shall be deemed
2792	recorded until filed at the county seat, or a branch office
2793	designated by the governing body of the county for the recording
2794	of instruments, according to law.
2795	SECTION 2.  Municipalities.--
2796	(a)  ESTABLISHMENT.--Municipalities may be established or
2797	abolished and their charters amended pursuant to general or
2798	special law. When any municipality is abolished, provision shall
2799	be made for the protection of its creditors.
2800	(b)  POWERS.--Municipalities shall have governmental,
2801	corporate, and proprietary powers to enable them to conduct
2802	municipal government, perform municipal functions and render
2803	municipal services, and may exercise any power for municipal
2804	purposes except as otherwise provided by law. Each municipal
2805	legislative body shall be elective.
2806	(c)  ANNEXATION.--Municipal annexation of unincorporated
2807	territory, merger of municipalities, and exercise of
2808	extra-territorial powers by municipalities shall be as provided
2809	by general or special law.
2810	SECTION 3.  Consolidation.--The government of a county and
2811	the government of one or more municipalities located therein may
2812	be consolidated into a single government, which may exercise any
2813	and all powers of the county and the several municipalities. The
2814	consolidation plan may be proposed only by special law, which
2815	shall become effective if approved by vote of the electors of
2816	the county, or of the county and municipalities affected, as may
2817	be provided in the plan. Consolidation shall not extend the
2818	territorial scope of taxation for the payment of pre-existing
2819	debt except to areas whose residents receive a benefit from the
2820	facility or service for which the indebtedness was incurred.
2821	SECTION 4.  Transfer of powers.--By law or by resolution of
2822	the governing bodies of each of the governments affected, any
2823	function or power of a county, municipality, or special district
2824	may be transferred to or contracted to be performed by another
2825	county, municipality, or special district, after approval by
2826	vote of the electors of the transferor and approval by vote of
2827	the electors of the transferee, or as otherwise provided by law.
2828	SECTION 5.  Local option.--
2829	(a)  Local option on the legality or prohibition of the
2830	sale of intoxicating liquors, wines, or beers shall be preserved
2831	to each county. The status of a county with respect thereto
2832	shall be changed only by vote of the electors in a special
2833	election called upon the petition of twenty-five percent per
2834	cent of the electors of the county, and not sooner than two
2835	years after an earlier election on the same question. Where
2836	legal, the sale of intoxicating liquors, wines, and beers shall
2837	be regulated by law.
2838	(b)  Each county shall have the authority to require a
2839	criminal history records check and a 3-to-5-day 3 to 5-day
2840	waiting period, excluding weekends and legal holidays, in
2841	connection with the sale of any firearm occurring within such
2842	county. For purposes of this subsection, the term "sale" means
2843	the transfer of money or other valuable consideration for any
2844	firearm when any part of the transaction is conducted on
2845	property to which the public has the right of access. Holders of
2846	a concealed weapons permit as prescribed by general law shall
2847	not be subject to the provisions of this subsection when
2848	purchasing a firearm.
2849	SECTION 6.  Schedule to Article VIII.--
2850	(a)  APPLICABILITY TO FORMER ARTICLE.--This article shall
2851	replace all of Article VIII of the constitution of 1885, as
2852	amended, except those sections expressly retained and made a
2853	part of this article by reference.
2854	(b)  COUNTIES; COUNTY SEATS; MUNICIPALITIES;
2855	DISTRICTS.--The status of the following items as they exist on
2856	the date this article becomes effective is recognized and shall
2857	be continued until changed in accordance with law:  the counties
2858	of the state; their status with respect to the legality of the
2859	sale of intoxicating liquors, wines, and beers; the method of
2860	selection of county officers; the performance of municipal
2861	functions by county officers; the county seats; and the
2862	municipalities and special districts of the state, their powers,
2863	jurisdiction, and government.
2864	(c)  OFFICERS TO CONTINUE IN OFFICE.  Every person holding
2865	office when this article becomes effective shall continue in
2866	office for the remainder of the term if that office is not
2867	abolished. If the office is abolished the incumbent shall be
2868	paid adequate compensation, to be fixed by law, for the loss of
2869	emoluments for the remainder of the term.
2870	(c)(d)  ORDINANCES.--Local laws relating only to
2871	unincorporated areas of a county on the effective date of this
2872	article may be amended or repealed by county ordinance.
2873	(d)(e)  CONSOLIDATION AND HOME RULE.--Article VIII,
2874	sections 9, 10, 11, and 24, of the constitution of 1885, as
2875	amended, shall remain in full force and effect as to each county
2876	affected, as if this article had not been adopted, until that
2877	county shall expressly adopt a charter or home rule plan
2878	pursuant to this article. All provisions of the Metropolitan
2879	Dade County Home Rule Charter, heretofore or hereafter adopted
2880	by the electors of Dade County pursuant to Article VIII, section
2881	11, of the constitution of 1885, as amended, shall be valid, and
2882	any amendments to such charter shall be valid; provided that the
2883	said provisions of such charter and the said amendments thereto
2884	are authorized under said Article VIII, section 11, of the
2885	constitution of 1885, as amended.
2886	(e)(f)  DADE COUNTY; POWERS CONFERRED UPON
2887	MUNICIPALITIES.--To the extent not inconsistent with the powers
2888	of existing municipalities or general law, the Metropolitan
2889	Government of Dade County may exercise all the powers conferred
2890	now or hereafter by general law upon municipalities.
2891	(f)(g)  DELETION OF OBSOLETE SCHEDULE ITEMS.--The
2892	legislature shall have power, by joint resolution, to delete
2893	from this article any subsection of this section 6, including
2894	this subsection, when all events to which the subsection to be
2895	deleted is or could become applicable have occurred. A
2896	legislative determination of fact made as a basis for
2897	application of this subsection shall be subject to judicial
2898	review.
2899
2900	ARTICLE IX
2901	EDUCATION
2902
2903	SECTION 1.  Public education.--
2904	(a)  The education of children is a fundamental value of
2905	the people of this the state of Florida. It is, therefore, a
2906	paramount duty of the state to make adequate provision for the
2907	education of all children residing within its borders. Adequate
2908	provision shall be made by law for a uniform, efficient, safe,
2909	secure, and high quality system of free public schools that
2910	allows students to obtain a high quality education and for the
2911	establishment, maintenance, and operation of institutions of
2912	higher learning and other public education programs that the
2913	needs of the people may require. To assure that children
2914	attending public schools obtain a high quality education, the
2915	legislature shall make adequate provision to ensure that, by the
2916	beginning of the 2010 school year, there are a sufficient number
2917	of classrooms so that:
2918	(1)  The maximum number of students who are assigned to
2919	each teacher who is teaching in public school classrooms for
2920	prekindergarten through grade 3 does not exceed 18 students;
2921	(2)  The maximum number of students who are assigned to
2922	each teacher who is teaching in public school classrooms for
2923	grades 4 through 8 does not exceed 22 students; and
2924	(3)  The maximum number of students who are assigned to
2925	each teacher who is teaching in public school classrooms for
2926	grades 9 through 12 does not exceed 25 students.
2927
2928	The class size requirements of this subsection do not apply to
2929	extracurricular classes. Payment of the costs associated with
2930	reducing class size to meet these requirements is the
2931	responsibility of the state and not of local school schools
2932	districts. Beginning with the 2003-2004 fiscal year, The
2933	legislature shall provide sufficient funds to reduce the average
2934	number of students in each classroom by at least two students
2935	per year until the maximum number of students per classroom does
2936	not exceed the requirements of this subsection.
2937	(b)  Every four-year-old four-year old child in Florida
2938	shall be provided by the State a high-quality high quality pre-
2939	kindergarten learning opportunity in the form of an early
2940	childhood development and education program that which shall be
2941	voluntary, high quality, free, and delivered according to
2942	professionally accepted standards. An early childhood
2943	development and education program means an organized program
2944	designed to address and enhance each child's ability to make
2945	age-appropriate age appropriate progress in an appropriate range
2946	of settings in the development of language and cognitive
2947	capabilities and emotional, social, regulatory, and moral
2948	capacities through education in basic skills and such other
2949	skills as the legislature may determine to be appropriate.
2950	(c)  The early childhood education and development programs
2951	provided by reason of subsection subparagraph (b) shall be
2952	implemented no later than the beginning of the 2005 school year
2953	through funds generated in addition to those used for existing
2954	education, health, and development programs. Existing education,
2955	health, and development programs are those funded by the state
2956	as of January 1, 2002, that provided for child or adult
2957	education, health care, or development.
2958	SECTION 2.  State board of education.--The state board of
2959	education shall be a body corporate and have such supervision of
2960	the system of free public education as is provided by law. The
2961	state board of education shall consist of seven members
2962	appointed by the governor to staggered 4-year terms, subject to
2963	confirmation by the senate. The state board of education shall
2964	appoint the commissioner of education.
2965	SECTION 3.  Terms of appointive board members.--Members of
2966	any appointive board dealing with education may serve terms in
2967	excess of four years as provided by law.
2968	SECTION 4.  School districts; school boards.--
2969	(a)  Each county shall constitute a school district,;
2970	provided that, two or more contiguous counties, upon vote of the
2971	electors of each county pursuant to law, may be combined into
2972	one school district. In each school district, there shall be a
2973	school board composed of five or more members chosen by vote of
2974	the electors in a nonpartisan election for appropriately
2975	staggered terms of four years, as provided by law.
2976	(b)  The school board shall operate, control, and supervise
2977	all free public schools within the school district and determine
2978	the rate of school district taxes within the limits prescribed
2979	herein. Two or more school districts may operate and finance
2980	joint educational programs.
2981	SECTION 5.  Superintendent of schools.--In each school
2982	district, there shall be a superintendent of schools who shall
2983	be elected at the general election in each year the number of
2984	which is a multiple of four for a term of four years; or, when
2985	provided by resolution of the district school board, or by
2986	special law, approved by vote of the electors, the district
2987	school superintendent in any school district shall be employed
2988	by the district school board as provided by general law. The
2989	resolution or special law may be rescinded or repealed by either
2990	procedure after four years.
2991	SECTION 6.  State school fund.--The income derived from the
2992	state school fund shall, and the principal of the fund may, be
2993	appropriated, but only to the support and maintenance of free
2994	public schools.
2995	SECTION 7.  State University System.--
2996	(a)  PURPOSES.  In order to achieve excellence through
2997	teaching students, advancing research and providing public
2998	service for the benefit of Florida's citizens, their communities
2999	and economies, the people hereby establish a system of
3000	governance for the state university system of Florida.
3001	(b)  STATE UNIVERSITY SYSTEM.  There shall be a single
3002	state university system comprised of all public universities. A
3003	board of trustees shall administer each public university and a
3004	board of governors shall govern the state university system.
3005	(c)  LOCAL BOARDS OF TRUSTEES.  Each local constituent
3006	university shall be administered by a board of trustees
3007	consisting of thirteen members dedicated to the purposes of the
3008	state university system. The board of governors shall establish
3009	the powers and duties of the boards of trustees. Each board of
3010	trustees shall consist of six citizen members appointed by the
3011	governor and five citizen members appointed by the board of
3012	governors. The appointed members shall be confirmed by the
3013	senate and serve staggered terms of five years as provided by
3014	law. The chair of the faculty senate, or the equivalent, and the
3015	president of the student body of the university shall also be
3016	members.
3017	(d)  STATEWIDE BOARD OF GOVERNORS.  The board of governors
3018	shall be a body corporate consisting of seventeen members. The
3019	board shall operate, regulate, control, and be fully responsible
3020	for the management of the whole university system. These
3021	responsibilities shall include, but not be limited to, defining
3022	the distinctive mission of each constituent university and its
3023	articulation with free public schools and community colleges,
3024	ensuring the well-planned coordination and operation of the
3025	system, and avoiding wasteful duplication of facilities or
3026	programs. The board's management shall be subject to the powers
3027	of the legislature to appropriate for the expenditure of funds,
3028	and the board shall account for such expenditures as provided by
3029	law. The governor shall appoint to the board fourteen citizens
3030	dedicated to the purposes of the state university system. The
3031	appointed members shall be confirmed by the senate and serve
3032	staggered terms of seven years as provided by law. The
3033	commissioner of education, the chair of the advisory council of
3034	faculty senates, or the equivalent, and the president of the
3035	Florida student association, or the equivalent, shall also be
3036	members of the board.
3037
3038	ARTICLE X
3039	MISCELLANEOUS
3040
3041	SECTION 1.  Amendments to United States Constitution.--The
3042	legislature shall not take action on any proposed amendment to
3043	the Constitution of the United States unless a majority of the
3044	members thereof have been elected after the proposed amendment
3045	has been submitted for ratification.
3046	SECTION 2.  Militia.--
3047	(a)  The militia shall be composed of all able-bodied
3048	ablebodied inhabitants of the state who are or have declared
3049	their intention to become citizens of the United States,; and no
3050	person because of religious creed or opinion shall be exempted
3051	from military duty except upon conditions provided by law.
3052	(b)  The organizing, equipping, housing, maintaining, and
3053	disciplining of the militia, and the safekeeping of public arms
3054	may be provided for by law.
3055	(c)  The governor shall appoint all commissioned officers
3056	of the militia, including an adjutant general who shall be chief
3057	of staff. The appointment of all general officers shall be
3058	subject to confirmation by the senate.
3059	(d)  The qualifications of personnel and officers of the
3060	federally recognized national guard, including the adjutant
3061	general, and the grounds and proceedings for their discipline
3062	and removal shall conform to the appropriate United States Army
3063	or Air Force regulations and usages.
3064	SECTION 3.  Vacancy in office.--Vacancy in office shall
3065	occur upon the creation of an office, upon the death, removal
3066	from office, or resignation of the incumbent or the incumbent's
3067	succession to another office, unexplained absence for sixty
3068	consecutive days, or failure to maintain the residence required
3069	when elected or appointed, and upon failure of one elected or
3070	appointed to office to qualify within thirty days from the
3071	commencement of the term.
3072	SECTION 4.  Homestead; exemptions.--
3073	(a)  There shall be exempt from forced sale under process
3074	of any court, and no judgment, decree, or execution shall be a
3075	lien thereon, except for the payment of taxes and assessments
3076	thereon, obligations contracted for the purchase, improvement,
3077	or repair thereof, or obligations contracted for house, field,
3078	or other labor performed on the realty, the following property
3079	owned by a natural person:
3080	(1)  A homestead, if located outside a municipality, to the
3081	extent of one hundred sixty acres of contiguous land and
3082	improvements thereon, which shall not be reduced without the
3083	owner's consent by reason of subsequent inclusion in a
3084	municipality; or if located within a municipality, to the extent
3085	of one-half acre of contiguous land, upon which the exemption
3086	shall be limited to the residence of the owner or the owner's
3087	family;
3088	(2)  Personal property to the value of one thousand
3089	dollars.
3090	(b)  These exemptions shall inure to the surviving spouse
3091	or heirs of the owner.
3092	(c)  The homestead shall not be subject to devise if the
3093	owner is survived by spouse or minor child, except the homestead
3094	may be devised to the owner's spouse if there be no minor child.
3095	The owner of homestead real estate, joined by the spouse if
3096	married, may alienate the homestead by mortgage, sale, or gift
3097	and, if married, may by deed transfer the title to an estate by
3098	the entirety with the spouse. If the owner or spouse is
3099	incompetent, the method of alienation or encumbrance shall be as
3100	provided by law.
3101	SECTION 5.  Coverture and property.--There shall be no
3102	distinction between married women and married men in the
3103	holding, control, disposition, or encumbering of their property,
3104	both real and personal; except that dower or curtesy may be
3105	established and regulated by law.
3106	SECTION 6.  Eminent domain.--
3107	(a)  No private property shall be taken except for a public
3108	purpose and with full compensation therefor paid to each owner
3109	or secured by deposit in the registry of the court and available
3110	to the owner.
3111	(b)  Provision may be made by law for the taking of
3112	easements, by like proceedings, for the drainage of the land of
3113	one person over or through the land of another.
3114	SECTION 7.  Lotteries.--Lotteries, other than the types of
3115	pari-mutuel pools authorized by law as of January 7, 1969 the
3116	effective date of this constitution, are hereby prohibited in
3117	this state.
3118	SECTION 8.  Census.--
3119	(a)  Each decennial census of the state taken by the United
3120	States shall be an official census of the state.
3121	(b)  Each decennial census, for the purpose of
3122	classifications based upon population, shall become effective on
3123	the thirtieth day after the final adjournment of the regular
3124	session of the legislature convened next after certification of
3125	the census.
3126	SECTION 9.  Repeal of criminal statutes.--Repeal or
3127	amendment of a criminal statute shall not affect prosecution or
3128	punishment for any crime previously committed.
3129	SECTION 10.  Felony; definition.--The term "felony," as
3130	used herein and in the laws of this state, shall mean any
3131	criminal offense that is punishable under the laws of this
3132	state, or that would be punishable if committed in this state,
3133	by death or by imprisonment in the state penitentiary.
3134	SECTION 11.  Sovereignty lands.--The title to lands under
3135	navigable waters, within the boundaries of the state, which have
3136	not been alienated, including beaches below mean high water
3137	lines, is held by the state, by virtue of its sovereignty, in
3138	trust for all the people. Sale of such lands may be authorized
3139	by law, but only when in the public interest. Private use of
3140	portions of such lands may be authorized by law, but only when
3141	not contrary to the public interest.
3142	SECTION 12.  Rules of construction.--Unless qualified in
3143	the text, the following rules of construction shall apply to
3144	this constitution.
3145	(a)  "Herein" refers to the entire constitution.
3146	(b)  The singular includes the plural.
3147	(c)  The masculine includes the feminine.
3148	(d)  "Vote of the electors" means the vote of the majority
3149	of those voting on the matter in an election, general or
3150	special, in which those participating are limited to the
3151	electors of the governmental unit referred to in the text.
3152	(e)  Vote or other action of a legislative house or other
3153	governmental body means the vote or action of a majority or
3154	other specified percentage of those members voting on the
3155	matter. "Of the membership" means "of all members thereof."
3156	(f)  The terms "judicial office," "justices," and "judges"
3157	shall not include judges of courts established solely for the
3158	trial of violations of ordinances.
3159	(g)  "Special law" means a special or local law.
3160	(h)  Titles and subtitles shall not be used in
3161	construction.
3162	SECTION 13.  Suits against the state.--Provision may be
3163	made by general law for bringing suit against the state as to
3164	all liabilities now existing or hereafter originating.
3165	SECTION 14.  State retirement systems benefit changes.--A
3166	governmental unit responsible for any retirement or pension
3167	system supported in whole or in part by public funds shall not,
3168	after January 1, 1977, provide any increase in the benefits to
3169	the members or beneficiaries of such system unless such unit has
3170	made or concurrently makes provision for the funding of the
3171	increase in benefits on a sound actuarial basis.
3172	SECTION 15.  State operated lotteries.--
3173	(a)  Lotteries may be operated by the state.
3174	(b)  If any subsection or subsections of the amendment to
3175	the Florida Constitution are held unconstitutional for
3176	containing more than one subject, this amendment shall be
3177	limited to subsection (a) above.
3178	(c)  This amendment shall be implemented as follows:
3179	(1)  Schedule--On the effective date of this amendment, The
3180	lotteries shall be known as the Florida Education Lotteries. Net
3181	proceeds derived from the lotteries shall be deposited to a
3182	state trust fund, to be designated The State Education Lotteries
3183	Trust Fund, to be appropriated by the legislature. The schedule
3184	may be amended by general law.
3185	SECTION 16.  Limiting marine net fishing.--
3186	(a)  The marine resources of the State of Florida belong to
3187	all of the people of the state and should be conserved and
3188	managed for the benefit of the state, its people, and future
3189	generations. To this end, the people hereby enact limitations on
3190	marine net fishing in Florida waters to protect saltwater
3191	finfish, shellfish, and other marine animals from unnecessary
3192	killing, overfishing, and waste.
3193	(b)  For the purpose of catching or taking any saltwater
3194	finfish, shellfish, or other marine animals in Florida waters:
3195	(1)  No gill nets or other entangling nets shall be used in
3196	any Florida waters; and
3197	(2)  In addition to the prohibition set forth in paragraph
3198	(1), no other type of net containing more than 500 square feet
3199	of mesh area shall be used in nearshore and inshore Florida
3200	waters. Additionally, no more than two such nets, which shall
3201	not be connected, shall be used from any vessel, and no person
3202	not on a vessel shall use more than one such net in nearshore
3203	and inshore Florida waters.
3204	(c)  For purposes of this section, the term:
3205	(1)  "Gill net" means one or more walls of netting which
3206	captures saltwater finfish by ensnaring or entangling them in
3207	the meshes of the net by the gills, and "entangling net" means a
3208	drift net, trammell net, stab net, or any other net which
3209	captures saltwater finfish, shellfish, or other marine animals
3210	by causing all or part of heads, fins, legs, or other body parts
3211	to become entangled or ensnared in the meshes of the net, but a
3212	hand-thrown hand thrown cast net is not a gill net or an
3213	entangling net;
3214	(2)  "Mesh area" of a net means the total area of netting
3215	with the meshes open to comprise the maximum square footage. The
3216	square footage shall be calculated using standard mathematical
3217	formulas for geometric shapes. Seines and other rectangular nets
3218	shall be calculated using the maximum length and maximum width
3219	of the netting. Trawls and other bag type nets shall be
3220	calculated as a cone using the maximum circumference of the net
3221	mouth to derive the radius, and the maximum length from the net
3222	mouth to the tail end of the net to derive the slant height.
3223	Calculations for any other nets or combination type nets shall
3224	be based on the shapes of the individual components;
3225	(3)  "Coastline" means the territorial sea base line for
3226	the State of Florida established pursuant to the laws of the
3227	United States of America;
3228	(4)  "Florida waters" means the waters of the Atlantic
3229	Ocean, the Gulf of Mexico, the Straits of Florida, and any other
3230	bodies of water under the jurisdiction of the State of Florida,
3231	whether coastal, intracoastal, or inland, and any part thereof;
3232	and
3233	(5)  "Nearshore and inshore Florida waters" means all
3234	Florida waters inside a line three miles seaward of the
3235	coastline along the Gulf of Mexico and inside a line one mile
3236	seaward of the coastline along the Atlantic Ocean.
3237	(d)  This section shall not apply to the use of nets for
3238	scientific research or governmental purposes.
3239	(e)  Persons violating this section shall be prosecuted and
3240	punished pursuant to the penalties provided in s. section
3241	370.021(2)(a),(b),(c)6. and 7., and (e), Florida Statutes
3242	(1991), unless and until the legislature enacts more stringent
3243	penalties for violations hereof. On and after the effective date
3244	of this section, Law enforcement officers in the state are
3245	authorized to enforce the provisions of this section in the same
3246	manner and authority as if a violation of this section
3247	constituted a violation of chapter 370, Florida Statutes (1991).
3248	(f)  It is the intent of this section that implementing
3249	legislation is not required for enforcing any violations hereof,
3250	but nothing in this section prohibits the establishment by law
3251	or pursuant to law of more restrictions on the use of nets for
3252	the purpose of catching or taking any saltwater finfish,
3253	shellfish, or other marine animals.
3254	(g)  If any portion of this section is held invalid for any
3255	reason, the remaining portion of this section, to the fullest
3256	extent possible, shall be severed from the void portion and
3257	given the fullest possible force and application.
3258	(h)  This section shall take effect on the July 1 next
3259	occurring after approval hereof by vote of the electors.
3260	SECTION 17.  Everglades Trust Fund.--
3261	(a)  There is hereby established the Everglades Trust Fund,
3262	which shall not be subject to termination pursuant to Article
3263	III, section 18(f) 19(f). The purpose of the Everglades Trust
3264	Fund is to make funds available to assist in conservation and
3265	protection of natural resources and abatement of water pollution
3266	in the Everglades Protection Area and the Everglades
3267	Agricultural Area. The trust fund shall be administered by the
3268	South Florida Water Management District, or its successor
3269	agency, consistent with statutory law.
3270	(b)  The Everglades Trust Fund may receive funds from any
3271	source, including gifts from individuals, corporations, or other
3272	entities; funds from general revenue as determined by the
3273	legislature; and any other funds so designated by the
3274	legislature, by the United States Congress, or by any other
3275	governmental entity.
3276	(c)  Funds deposited to the Everglades Trust Fund shall be
3277	expended for purposes of conservation and protection of natural
3278	resources and abatement of water pollution in the Everglades
3279	Protection Area and Everglades Agricultural Area.
3280	(d)  For purposes of this section subsection, the terms
3281	"Everglades Protection Area," "Everglades Agricultural Area,"
3282	and "South Florida Water Management District" shall have the
3283	meanings as defined in statutes in effect on January 1, 1996.
3284	SECTION 18.  Disposition of conservation lands.--The fee
3285	interest in real property held by an entity of the state and
3286	designated for natural resources conservation purposes as
3287	provided by general law shall be managed for the benefit of the
3288	citizens of this state and may be disposed of only if the
3289	members of the governing board of the entity holding title
3290	determine the property is no longer needed for conservation
3291	purposes and only upon a vote of two-thirds of the governing
3292	board.
3293	SECTION 19.  High speed ground transportation system.--To
3294	reduce traffic congestion and provide alternatives to the
3295	traveling public, it is hereby declared to be in the public
3296	interest that a high speed ground transportation system
3297	consisting of a monorail, fixed guideway or magnetic levitation
3298	system, capable of speeds in excess of 120 miles per hour, be
3299	developed and operated in the State of Florida to provide high
3300	speed ground transportation by innovative, efficient and
3301	effective technologies consisting of dedicated rails or
3302	guideways separated from motor vehicular traffic that will link
3303	the five largest urban areas of the State as determined by the
3304	Legislature and provide for access to existing air and ground
3305	transportation facilities and services. The Legislature, the
3306	Cabinet and the Governor are hereby directed to proceed with the
3307	development of such a system by the State and/or by a private
3308	entity pursuant to state approval and authorization, including
3309	the acquisition of right-of-way, the financing of design and
3310	construction of the system, and the operation of the system, as
3311	provided by specific appropriation and by law, with construction
3312	to begin on or before November 1, 2003.
3313	SECTION 19 20.  Workplaces without tobacco smoke.--
3314	(a)  PROHIBITION.--As a Florida health initiative to
3315	protect people from the health hazards of second-hand tobacco
3316	smoke, tobacco smoking is prohibited in enclosed indoor
3317	workplaces.
3318	(b)  EXCEPTIONS.--As further explained in the definitions
3319	below, tobacco smoking may be permitted in private residences
3320	whenever they are not being used commercially to provide child
3321	care, adult care, or health care, or any combination thereof;
3322	and further may be permitted in retail tobacco shops, designated
3323	smoking guest rooms at hotels and other public lodging
3324	establishments; and stand-alone bars. However, nothing in this
3325	section or in its implementing legislation or regulations shall
3326	prohibit the owner, lessee, or other person in control of the
3327	use of an enclosed indoor workplace from further prohibiting or
3328	limiting smoking therein.
3329	(c)  DEFINITIONS.--For purposes of this section, the
3330	following words and terms shall have the stated meanings:
3331	(1)  "Smoking" means inhaling, exhaling, burning, carrying,
3332	or possessing any lighted tobacco product, including cigarettes,
3333	cigars, pipe tobacco, and any other lighted tobacco product.
3334	(2)  "Second-hand smoke," also known as environmental
3335	tobacco smoke (ETS), means smoke emitted from lighted,
3336	smoldering, or burning tobacco when the smoker is not inhaling;
3337	smoke emitted at the mouthpiece during puff drawing; and smoke
3338	exhaled by the smoker.
3339	(3)  "Work" means any person's providing any employment or
3340	employment-type service for or at the request of another
3341	individual or individuals or any public or private entity,
3342	whether for compensation or not, whether full or part-time,
3343	whether legally or not. "Work" includes, without limitation, any
3344	such service performed by an employee, independent contractor,
3345	agent, partner, proprietor, manager, officer, director,
3346	apprentice, trainee, associate, servant, volunteer, and the
3347	like.
3348	(4)  "Enclosed indoor workplace" means any place where one
3349	or more persons engages in work, and which place is
3350	predominantly or totally bounded on all sides and above by
3351	physical barriers, regardless of whether such barriers consist
3352	of or include uncovered openings, screened or otherwise
3353	partially covered openings; or open or closed windows,
3354	jalousies, doors, or the like. This section applies to all such
3355	enclosed indoor workplaces without regard to whether work is
3356	occurring at any given time.
3357	(5)  "Commercial" use of a private residence means any time
3358	during which the owner, lessee, or other person occupying or
3359	controlling the use of the private residence is furnishing in
3360	the private residence, or causing or allowing to be furnished in
3361	the private residence, child care, adult care, or health care,
3362	or any combination thereof, and receiving or expecting to
3363	receive compensation therefor.
3364	(6)  "Retail tobacco shop" means any enclosed indoor
3365	workplace dedicated to or predominantly for the retail sale of
3366	tobacco, tobacco products, and accessories for such products, in
3367	which the sale of other products or services is merely
3368	incidental.
3369	(7)  "Designated smoking guest rooms at public lodging
3370	establishments" means the sleeping rooms and directly associated
3371	private areas, such as bathrooms, living rooms, and kitchen
3372	areas, if any, rented to guests for their exclusive transient
3373	occupancy in public lodging establishments including hotels,
3374	motels, resort condominiums, transient apartments, transient
3375	lodging establishments, rooming houses, boarding houses, resort
3376	dwellings, bed and breakfast inns, and the like; and designated
3377	by the person or persons having management authority over such
3378	public lodging establishment as rooms in which smoking may be
3379	permitted.
3380	(8)  "Stand-alone bar" means any place of business devoted
3381	during any time of operation predominantly or totally to serving
3382	alcoholic beverages, intoxicating beverages, or intoxicating
3383	liquors, or any combination thereof, for consumption on the
3384	licensed premises; in which the serving of food, if any, is
3385	merely incidental to the consumption of any such beverage; and
3386	that is not located within, and does not share any common
3387	entryway or common indoor area with, any other enclosed indoor
3388	workplace including any business for which the sale of food or
3389	any other product or service is more than an incidental source
3390	of gross revenue.
3391	(d)  LEGISLATION.--In the next regular legislative session
3392	occurring after voter approval of this amendment, The Florida
3393	legislature shall adopt legislation to implement this amendment
3394	in a manner consistent with its broad purpose and stated terms,
3395	and having an effective date no later than July 1 of the year
3396	following voter approval. Such legislation shall include,
3397	without limitation, civil penalties for violations of this
3398	section; provisions for administrative enforcement; and the
3399	requirement and authorization of agency rules for implementation
3400	and enforcement. Nothing herein shall preclude the legislature
3401	from enacting any law constituting or allowing a more
3402	restrictive regulation of tobacco smoking than is provided in
3403	this section.
3404	SECTION 21.  Limiting cruel and inhumane confinement of
3405	pigs during pregnancy.--Inhumane treatment of animals is a
3406	concern of Florida citizens. To prevent cruelty to certain
3407	animals and as recommended by The Humane Society of the United
3408	States, the people of the State of Florida hereby limit the
3409	cruel and inhumane confinement of pigs during pregnancy as
3410	provided herein.
3411	(a)  It shall be unlawful for any person to confine a pig
3412	during pregnancy in an enclosure, or to tether a pig during
3413	pregnancy, on a farm in such a way that she is prevented from
3414	turning around freely.
3415	(b)  This section shall not apply:
3416	(1)  When a pig is undergoing an examination, test,
3417	treatment or operation carried out for veterinary purposes,
3418	provided the period during which the animal is confined or
3419	tethered is not longer than reasonably necessary.
3420	(2)  During the prebirthing period.
3421	(c)  For purposes of this section:
3422	(1)  "Enclosure" means any cage, crate or other enclosure
3423	in which a pig is kept for all or the majority of any day,
3424	including what is commonly described as the "gestation crate."
3425	(2)  "Farm" means the land, buildings, support facilities,
3426	and other appurtenances used in the production of animals for
3427	food or fiber.
3428	(3)  "Person" means any natural person, corporation and/or
3429	business entity.
3430	(4)  "Pig" means any animal of the porcine species.
3431	(5)  "Turning around freely" means turning around without
3432	having to touch any side of the pig's enclosure.
3433	(6)  "Prebirthing period" means the seven day period prior
3434	to a pig's expected date of giving birth.
3435	(d)  A person who violates this section shall be guilty of
3436	a misdemeanor of the first degree, punishable as provided in s.
3437	775.082(4)(a), Florida Statutes (1999), as amended, or by a fine
3438	of not more than $5000, or by both imprisonment and a fine,
3439	unless and until the legislature enacts more stringent penalties
3440	for violations hereof. On and after the effective date of this
3441	section, law enforcement officers in the state are authorized to
3442	enforce the provisions of this section in the same manner and
3443	authority as if a violation of this section constituted a
3444	violation of Section 828.13, Florida Statutes (1999). The
3445	confinement or tethering of each pig shall constitute a separate
3446	offense. The knowledge or acts of agents and employees of a
3447	person in regard to a pig owned, farmed or in the custody of a
3448	person, shall be held to be the knowledge or act of such person.
3449	(e)  It is the intent of this section that implementing
3450	legislation is not required for enforcing any violations hereof.
3451	(f)  If any portion of this section is held invalid for any
3452	reason, the remaining portion of this section, to the fullest
3453	extent possible, shall be severed from the void portion and
3454	given the fullest possible force and application.
3455	(g)  This section shall take effect six years after
3456	approval by the electors.
3457	SECTION 20 22.  Parental notice of termination of a minor's
3458	pregnancy.--The legislature shall not limit or deny the privacy
3459	right guaranteed to a minor under the United States Constitution
3460	as interpreted by the United States Supreme Court.
3461	Notwithstanding a minor's right of privacy provided in Article
3462	I, section 23 of Article I, the legislature is authorized to
3463	require by general law for notification to a parent or guardian
3464	of a minor before the termination of the minor's pregnancy. The
3465	legislature shall provide exceptions to such requirement for
3466	notification and shall create a process for judicial waiver of
3467	the notification.
3468	SECTION 21 23.  Slot machines.--
3469	(a)  After voter approval of this constitutional amendment,
3470	The governing bodies of Miami-Dade and Broward Counties each may
3471	hold a countywide county-wide referendum in their respective
3472	counties on whether to authorize slot machines within existing,
3473	licensed pari-mutuel parimutuel facilities (thoroughbred and
3474	harness racing, greyhound racing, and jai-alai) that have
3475	conducted live racing or games in that county during each of the
3476	last two calendar years 2002 and 2003 before the effective date
3477	of this amendment. If the voters of such county approve the
3478	referendum question by majority vote, slot machines shall be
3479	authorized in such parimutuel facilities. If the voters of such
3480	county by majority vote disapprove the referendum question, slot
3481	machines shall not be so authorized, and the question shall not
3482	be presented in another referendum in that county for at least
3483	two years.
3484	(b)  In the next regular Legislative session occurring
3485	after voter approval of this constitutional amendment, The
3486	legislature shall adopt legislation implementing this section
3487	and having an effective date no later than July 1 of the year
3488	following voter approval of this amendment. Such legislation
3489	shall authorize agency rules for implementation, and may include
3490	provisions for the licensure and regulation of slot machines.
3491	The legislature may tax slot machine revenues, and any such
3492	taxes must supplement public education funding statewide.
3493	(c)  If any part of this section is held invalid for any
3494	reason, the remaining portion or portions shall be severed from
3495	the invalid portion and given the fullest possible force and
3496	effect.
3497	(d)  This amendment shall become effective when approved by
3498	vote of the electors of the state.
3499	SECTION 24.  Florida minimum wage.--
3500	(a)  PUBLIC POLICY.  All working Floridians are entitled to
3501	be paid a minimum wage that is sufficient to provide a decent
3502	and healthy life for them and their families, that protects
3503	their employers from unfair low-wage competition, and that does
3504	not force them to rely on taxpayer-funded public services in
3505	order to avoid economic hardship.
3506	(b)  DEFINITIONS.  As used in this amendment, the terms
3507	"Employer," "Employee" and "Wage" shall have the meanings
3508	established under the federal Fair Labor Standards Act (FLSA)
3509	and its implementing regulations.
3510	(c)  MINIMUM WAGE.  Employers shall pay Employees Wages no
3511	less than the Minimum Wage for all hours worked in Florida. Six
3512	months after enactment, the Minimum Wage shall be established at
3513	an hourly rate of $6.15. On September 30th of that year and on
3514	each following September 30th, the state Agency for Workforce
3515	Innovation shall calculate an adjusted Minimum Wage rate by
3516	increasing the current Minimum Wage rate by the rate of
3517	inflation during the twelve months prior to each September 1st
3518	using the consumer price index for urban wage earners and
3519	clerical workers, CPI-W, or a successor index as calculated by
3520	the United States Department of Labor. Each adjusted Minimum
3521	Wage rate calculated shall be published and take effect on the
3522	following January 1st. For tipped Employees meeting eligibility
3523	requirements for the tip credit under the FLSA, Employers may
3524	credit towards satisfaction of the Minimum Wage tips up to the
3525	amount of the allowable FLSA tip credit in 2003.
3526	(d)  RETALIATION PROHIBITED.  It shall be unlawful for an
3527	Employer or any other party to discriminate in any manner or
3528	take adverse action against any person in retaliation for
3529	exercising rights protected under this amendment. Rights
3530	protected under this amendment include, but are not limited to,
3531	the right to file a complaint or inform any person about any
3532	party's alleged noncompliance with this amendment, and the right
3533	to inform any person of his or her potential rights under this
3534	amendment and to assist him or her in asserting such rights.
3535	(e)  ENFORCEMENT.  Persons aggrieved by a violation of this
3536	amendment may bring a civil action in a court of competent
3537	jurisdiction against an Employer or person violating this
3538	amendment and, upon prevailing, shall recover the full amount of
3539	any back wages unlawfully withheld plus the same amount as
3540	liquidated damages, and shall be awarded reasonable attorney's
3541	fees and costs. In addition, they shall be entitled to such
3542	legal or equitable relief as may be appropriate to remedy the
3543	violation including, without limitation, reinstatement in
3544	employment and/or injunctive relief. Any Employer or other
3545	person found liable for willfully violating this amendment shall
3546	also be subject to a fine payable to the state in the amount of
3547	$1000.00 for each violation. The state attorney general or other
3548	official designated by the state legislature may also bring a
3549	civil action to enforce this amendment. Actions to enforce this
3550	amendment shall be subject to a statute of limitations of four
3551	years or, in the case of willful violations, five years. Such
3552	actions may be brought as a class action pursuant to Rule 1.220
3553	of the Florida Rules of Civil Procedure.
3554	(f)  ADDITIONAL LEGISLATION, IMPLEMENTATION AND
3555	CONSTRUCTION.  Implementing legislation is not required in order
3556	to enforce this amendment. The state legislature may by statute
3557	establish additional remedies or fines for violations of this
3558	amendment, raise the applicable Minimum Wage rate, reduce the
3559	tip credit, or extend coverage of the Minimum Wage to employers
3560	or employees not covered by this amendment. The state
3561	legislature may by statute or the state Agency for Workforce
3562	Innovation may by regulation adopt any measures appropriate for
3563	the implementation of this amendment. This amendment provides
3564	for payment of a minimum wage and shall not be construed to
3565	preempt or otherwise limit the authority of the state
3566	legislature or any other public body to adopt or enforce any
3567	other law, regulation, requirement, policy or standard that
3568	provides for payment of higher or supplemental wages or
3569	benefits, or that extends such protections to employers or
3570	employees not covered by this amendment. It is intended that
3571	case law, administrative interpretations, and other guiding
3572	standards developed under the federal FLSA shall guide the
3573	construction of this amendment and any implementing statutes or
3574	regulations.
3575	(g)  SEVERABILITY.  If any part of this amendment, or the
3576	application of this amendment to any person or circumstance, is
3577	held invalid, the remainder of this amendment, including the
3578	application of such part to other persons or circumstances,
3579	shall not be affected by such a holding and shall continue in
3580	full force and effect. To this end, the parts of this amendment
3581	are severable.
3582	SECTION  25.  Patients' right to know about adverse medical
3583	incidents.--
3584	(a)  In addition to any other similar rights provided
3585	herein or by general law, patients have a right to have access
3586	to any records made or received in the course of business by a
3587	health care facility or provider relating to any adverse medical
3588	incident.
3589	(b)  In providing such access, the identity of patients
3590	involved in the incidents shall not be disclosed, and any
3591	privacy restrictions imposed by federal law shall be maintained.
3592	(c)  For purposes of this section, the following terms have
3593	the following meanings:
3594	(1)  The phrases "health care facility" and "health care
3595	provider" have the meaning given in general law related to a
3596	patient's rights and responsibilities.
3597	(2)  The term "patient" means an individual who has sought,
3598	is seeking, is undergoing, or has undergone care or treatment in
3599	a health care facility or by a health care provider.
3600	(3)  The phrase "adverse medical incident" means medical
3601	negligence, intentional misconduct, and any other act, neglect,
3602	or default of a health care facility or health care provider
3603	that caused or could have caused injury to or death of a
3604	patient, including, but not limited to, those incidents that are
3605	required by state or federal law to be reported to any
3606	governmental agency or body, and incidents that are reported to
3607	or reviewed by any health care facility peer review, risk
3608	management, quality assurance, credentials, or similar
3609	committee, or any representative of any such committees.
3610	(4)  The phrase "have access to any records" means, in
3611	addition to any other procedure for producing such records
3612	provided by general law, making the records available for
3613	inspection and copying upon formal or informal request by the
3614	patient or a representative of the patient, provided that
3615	current records which have been made publicly available by
3616	publication or on the Internet may be "provided" by reference to
3617	the location at which the records are publicly available.
3618	SECTION  26.  Prohibition of medical license after repeated
3619	medical malpractice.--
3620	(a)  No person who has been found to have committed three
3621	or more incidents of medical malpractice shall be licensed or
3622	continue to be licensed by the State of Florida to provide
3623	health care services as a medical doctor.
3624	(b)  For purposes of this section, the following terms have
3625	the following meanings:
3626	(1)  The phrase "medical malpractice" means both the
3627	failure to practice medicine in Florida with that level of care,
3628	skill, and treatment recognized in general law related to health
3629	care providers' licensure, and any similar wrongful act,
3630	neglect, or default in other states or countries which, if
3631	committed in Florida, would have been considered medical
3632	malpractice.
3633	(2)  The phrase "found to have committed" means that the
3634	malpractice has been found in a final judgment of a court of
3635	law, final administrative agency decision, or decision of
3636	binding arbitration.
3637
3638	ARTICLE XI
3639	AMENDMENTS
3640
3641	SECTION 1.  Proposal by legislature.--Amendment of a
3642	section or revision of one or more articles, or the whole, of
3643	this constitution may be proposed by joint resolution agreed to
3644	by three-fifths of the membership of each house of the
3645	legislature. The full text of the joint resolution and the vote
3646	of each member voting shall be entered on the journal of each
3647	house.
3648	SECTION 2.  Revision commission.--
3649	(a)  Within thirty days before the convening of the 2017
3650	regular session of the legislature, and each twentieth year
3651	thereafter, there shall be established a constitution revision
3652	commission composed of the following thirty-seven members:
3653	(1)  The attorney general of the state;
3654	(2)  Fifteen members selected by the governor;
3655	(3)  Nine members selected by the speaker of the house of
3656	representatives and nine members selected by the president of
3657	the senate; and
3658	(4)  Three members selected by the Chief Justice of the
3659	Supreme Court of Florida with the advice of the justices.
3660	(b)  The governor shall designate one member of the
3661	commission as its chair. Vacancies in the membership of the
3662	commission shall be filled in the same manner as the original
3663	appointments.
3664	(c)  Each constitution revision commission shall convene at
3665	the call of its chair, adopt its rules of procedure, examine the
3666	constitution of the state, hold public hearings, and, not later
3667	than one hundred eighty days prior to the next general election,
3668	file with the custodian of state records its proposal, if any,
3669	of a revision of this constitution or any part of it.
3670	SECTION 3.  Initiative.--The power to propose the revision
3671	or amendment of any portion or portions of this constitution by
3672	initiative is reserved to the people, provided that, any such
3673	revision or amendment, except for those limiting the power of
3674	government to raise revenue, shall embrace but one subject and
3675	matter directly connected therewith. It may be invoked by filing
3676	with the custodian of state records a petition containing a copy
3677	of the proposed revision or amendment, signed by a number of
3678	electors in each of one half of the congressional districts of
3679	the state, and of the state as a whole, equal to eight percent
3680	of the votes cast in each of such districts respectively and in
3681	the state as a whole in the last preceding election in which
3682	presidential electors were chosen.
3683	SECTION 4.  Constitutional convention.--
3684	(a)  The power to call a convention to consider a revision
3685	of the entire constitution is reserved to the people. It may be
3686	invoked by filing with the custodian of state records a
3687	petition, containing a declaration that a constitutional
3688	convention is desired, signed by a number of electors in each of
3689	one half of the congressional districts of the state, and of the
3690	state as a whole, equal to fifteen percent per cent of the votes
3691	cast in each such district respectively and in the state as a
3692	whole in the last preceding election of presidential electors.
3693	(b)  At the next general election held more than ninety
3694	days after the filing of such petition, there shall be submitted
3695	to the electors of the state the question: "Shall a
3696	constitutional convention be held?" If a majority voting on the
3697	question votes in the affirmative, at the next succeeding
3698	general election there shall be elected from each representative
3699	district a member of a constitutional convention. On the twenty-
3700	first day following that election, the convention shall sit at
3701	the capital, elect officers, adopt rules of procedure, judge the
3702	election of its membership, and fix a time and place for its
3703	future meetings. Not later than ninety days before the next
3704	succeeding general election, the convention shall cause to be
3705	filed with the custodian of state records any revision of this
3706	constitution proposed by it.
3707	SECTION 5.  Amendment or revision election.--
3708	(a)  A proposed amendment to or revision of this
3709	constitution, or any part of it, shall be submitted to the
3710	electors at the next general election held more than ninety days
3711	after the joint resolution or report of revision commission,
3712	constitutional convention, or taxation and budget reform
3713	commission proposing it is filed with the custodian of state
3714	records, unless, pursuant to law enacted by the affirmative vote
3715	of three-fourths of the membership of each house of the
3716	legislature and limited to a single amendment or revision, it is
3717	submitted at an earlier special election held more than ninety
3718	days after such filing.
3719	(b)  A proposed amendment or revision of this constitution,
3720	or any part of it, by initiative shall be submitted to the
3721	electors at the general election provided the initiative
3722	petition is filed with the custodian of state records no later
3723	than February 1 of the year in which the general election is
3724	held.
3725	(c)  The legislature shall provide by general law, prior to
3726	the holding of an election pursuant to this section, for the
3727	provision of a statement to the public regarding the probable
3728	financial impact of any amendment proposed by initiative
3729	pursuant to section 3.
3730	(d)  Once in the tenth week, and once in the sixth week
3731	immediately preceding the week in which the election is held,
3732	the proposed amendment or revision, with notice of the date of
3733	election at which it will be submitted to the electors, shall be
3734	published in one newspaper of general circulation in each county
3735	in which a newspaper is published.
3736	(e)  If the proposed amendment or revision is approved by
3737	vote of the electors, it shall be effective as an amendment to
3738	or revision of the constitution of the state on the first
3739	Tuesday after the first Monday in January following the
3740	election, or on such other date as may be specified in the
3741	amendment or revision.
3742	SECTION 6.  Taxation and budget reform commission.--
3743	(a)  Beginning in 2007 and each twentieth year thereafter,
3744	there shall be established a taxation and budget reform
3745	commission composed of the following members:
3746	(1)  Eleven members selected by the governor, none of whom
3747	shall be a member of the legislature at the time of appointment.
3748	(2)  Seven members selected by the speaker of the house of
3749	representatives and seven members selected by the president of
3750	the senate, none of whom shall be a member of the legislature at
3751	the time of appointment.
3752	(3)  Four nonvoting non-voting ex officio members, all of
3753	whom shall be members of the legislature at the time of
3754	appointment. Two of these members, one of whom shall be a member
3755	of the minority party in the house of representatives, shall be
3756	selected by the speaker of the house of representatives, and two
3757	of these members, one of whom shall be a member of the minority
3758	party in the senate, shall be selected by the president of the
3759	senate.
3760	(b)  Vacancies in the membership of the commission shall be
3761	filled in the same manner as the original appointments.
3762	(c)  At its initial meeting, the members of the commission
3763	shall elect a member who is not a member of the legislature to
3764	serve as chair and the commission shall adopt its rules of
3765	procedure. Thereafter, the commission shall convene at the call
3766	of the chair. An affirmative vote of two thirds of the full
3767	commission shall be necessary for any revision of this
3768	constitution or any part of it to be proposed by the commission.
3769	(d)  The commission shall examine the state budgetary
3770	process, the revenue needs and expenditure processes of the
3771	state, the appropriateness of the tax structure of the state,
3772	and governmental productivity and efficiency; review policy as
3773	it relates to the ability of state and local government to tax
3774	and adequately fund governmental operations and capital
3775	facilities required to meet the state's needs during the next
3776	twenty year period; determine methods favored by the citizens of
3777	the state to fund the needs of the state, including alternative
3778	methods for raising sufficient revenues for the needs of the
3779	state; determine measures that could be instituted to
3780	effectively gather funds from existing tax sources; examine
3781	constitutional limitations on taxation and expenditures at the
3782	state and local level; and review the state's comprehensive
3783	planning, budgeting, and needs assessment processes to determine
3784	whether the resulting information adequately supports a
3785	strategic decisionmaking process.
3786	(e)  The commission shall hold public hearings as it deems
3787	necessary to carry out its responsibilities under this section.
3788	The commission shall issue a report of the results of the review
3789	carried out, and propose to the legislature any recommended
3790	statutory changes related to the taxation or budgetary laws of
3791	the state. Not later than one hundred eighty days prior to the
3792	next general election in the second year following the year in
3793	which the commission is established, the commission shall file
3794	with the custodian of state records its proposal, if any, of a
3795	revision of this constitution or any part of it dealing with
3796	taxation or the state budgetary process.
3797	SECTION 7.  Tax or fee limitation.--Notwithstanding Article
3798	X, section 12(d) of this constitution, no new state tax or fee
3799	shall be imposed on or after November 8, 1994, by any amendment
3800	to this constitution unless the proposed amendment is approved
3801	by not fewer than two-thirds of the voters voting in the
3802	election in which such proposed amendment is considered. For
3803	purposes of this section, the phrase "new state tax or fee"
3804	shall mean any tax or fee that which would produce revenue
3805	subject to lump sum or other appropriation by the legislature,
3806	either for the state general revenue fund or any trust fund,
3807	which tax or fee is not in effect on November 7, 1994, including
3808	without limitation such taxes and fees as are the subject of
3809	proposed constitutional amendments appearing on the ballot on
3810	November 8, 1994. This section shall apply to proposed
3811	constitutional amendments relating to state taxes or fees that
3812	which appear on the November 8, 1994, ballot, or later ballots,
3813	and any such proposed amendment that which fails to gain the
3814	two-thirds vote required hereby shall be null, void, and without
3815	effect.
3816
3817	ARTICLE XII
3818	SCHEDULE
3819
3820	SECTION 1.  Constitution of 1885 superseded.--Articles I
3821	through IV, VII, and IX through XX of the Constitution of
3822	Florida adopted in 1885, as amended from time to time, are
3823	superseded by this revision except those sections expressly
3824	retained and made a part of this revision by reference.
3825	SECTION 2.  Property taxes; millages.--Tax millages
3826	authorized in counties, municipalities, and special districts,
3827	on the date this revision becomes effective, may be continued
3828	until reduced by law.
3829	SECTION 3.  Officers to continue in office.--Every person
3830	holding office when this revision becomes effective shall
3831	continue in office for the remainder of the term if that office
3832	is not abolished. If the office is abolished the incumbent shall
3833	be paid adequate compensation, to be fixed by law, for the loss
3834	of emoluments for the remainder of the term.
3835	SECTION 4.  State commissioner of education.--The state
3836	superintendent of public instruction in office on the effective
3837	date of this revision shall become and, for the remainder of the
3838	term being served, shall be the commissioner of education.
3839	SECTION 3 5.  Superintendent of schools.--
3840	(a)  On the effective date of this revision the county
3841	superintendent of public instruction of each county shall become
3842	and, for the remainder of the term being served, shall be the
3843	superintendent of schools of that district.
3844	(b)  The method of selection of the county superintendent
3845	of public instruction of each county, as provided by or under
3846	the constitution of 1885, as amended, shall apply to the
3847	selection of the district superintendent of schools until
3848	changed as herein provided.
3849	SECTION 4 6.  Laws preserved.--
3850	(a)  All laws in effect upon the adoption of this revision,
3851	to the extent not inconsistent with it, shall remain in force
3852	until they expire by their terms or are repealed.
3853	(b)  All statutes that which, under the constitution of
3854	1885, as amended, apply to the state superintendent of public
3855	instruction and those that which apply to the county
3856	superintendent of public instruction shall under this revision
3857	apply, respectively, to the state commissioner of education and
3858	the district superintendent of schools.
3859	SECTION 5 7.  Rights reserved.--
3860	(a)  All actions, rights of action, claims, contracts, and
3861	obligations of individuals, corporations, and public bodies or
3862	agencies existing on the date this revision becomes effective
3863	shall continue to be valid as if this revision had not been
3864	adopted. All taxes, penalties, fines and forfeitures owing to
3865	the state under the constitution of 1885, as amended, shall
3866	inure to the state under this revision, and all sentences as
3867	punishment for crime shall be executed according to their terms.
3868	(b)  This revision shall not be retroactive so as to create
3869	any right or liability that which did not exist under the
3870	constitution of 1885, as amended, based upon matters occurring
3871	prior to the adoption of this revision.
3872	SECTION 6 8.  Public debts recognized.--All bonds, revenue
3873	certificates, revenue bonds, and tax anticipation certificates
3874	issued pursuant to the constitution of 1885, as amended by the
3875	state, any agency, political subdivision, or public corporation
3876	of the state shall remain in full force and effect and shall be
3877	secured by the same sources of revenue as before the adoption of
3878	this revision, and, to the extent necessary to effectuate this
3879	section, the applicable provisions of the constitution of 1885,
3880	as amended, are retained as a part of this revision until
3881	payment in full of these public securities.
3882	SECTION 7 9.  Bonds.--
3883	(a)  ADDITIONAL SECURITIES.--
3884	(1)  Article IX, section 17, of the constitution of 1885,
3885	as amended, as it existed immediately before this Constitution,
3886	as revised in 1968, became effective, is adopted by this
3887	reference as a part of this revision as completely as though
3888	incorporated herein verbatim, except revenue bonds, revenue
3889	certificates, or other evidences of indebtedness hereafter
3890	issued thereunder may be issued by the agency of the state so
3891	authorized by law.
3892	(2)a.  That portion of Article XII, section 7(a), 9,
3893	Subsection (a) of this Constitution, as amended, which by
3894	reference adopted Article XII, section 19, of the constitution
3895	of 1885, as amended, as the same existed immediately before the
3896	effective date of this amendment is adopted by this reference as
3897	part of this revision as completely as though incorporated
3898	herein verbatim, for the purpose of providing that after the
3899	effective date of this amendment all of the proceeds of the
3900	revenues derived from the gross receipts taxes, as therein
3901	defined, collected in each year shall be applied as provided
3902	therein to the extent necessary to comply with all obligations
3903	to or for the benefit of holders of bonds or certificates issued
3904	before the effective date of this amendment or any refundings
3905	thereof that which are secured by such gross receipts taxes. No
3906	bonds or other obligations may be issued pursuant to the
3907	provisions of Article XII, section 19, of the constitution of
3908	1885, as amended, but this provision shall not be construed to
3909	prevent the refunding of any such outstanding bonds or
3910	obligations pursuant to the provisions of this paragraph
3911	subsection (a)(2).
3912	b.  Subject to the requirements of subparagraph a. the
3913	first paragraph of this  subsection (a)(2), beginning July 1,
3914	1975, all of the proceeds of the revenues derived from the gross
3915	receipts taxes collected from every person, including
3916	municipalities, as provided and levied pursuant to the
3917	provisions of chapter 203, Florida Statutes, as such chapter is
3918	amended from time to time, shall, as collected, be placed in a
3919	trust fund to be known as the "public education capital outlay
3920	and debt service trust fund" in the state treasury (hereinafter
3921	referred to as "capital outlay fund"), and used only as provided
3922	herein.
3923	c.  The capital outlay fund shall be administered by the
3924	state board of education as created and constituted by Article
3925	IX, section 2, of Article IX of this the constitution of Florida
3926	as revised in 1968 (hereinafter referred to as "state board"),
3927	or by such other instrumentality of the state that which shall
3928	hereafter succeed by law to the powers, duties, and functions of
3929	the state board, including the powers, duties, and functions of
3930	the state board provided in this paragraph subsection (a)(2).
3931	The state board shall be a body corporate and shall have all the
3932	powers provided herein in addition to all other constitutional
3933	and statutory powers related to the purposes of this paragraph
3934	subsection (a)(2) heretofore or hereafter conferred by law upon
3935	the state board, or its predecessor created by the constitution
3936	of 1885, as amended.
3937	d.  State bonds pledging the full faith and credit of the
3938	state may be issued, without a vote of the electors, by the
3939	state board pursuant to law to finance or refinance capital
3940	projects theretofore authorized by the legislature, and any
3941	purposes appurtenant or incidental thereto, for the state system
3942	of public education provided for in Article IX, section 1, of
3943	Article IX of this constitution (hereinafter referred to as
3944	"state system"), including but not limited to institutions of
3945	higher learning, community colleges, vocational technical
3946	schools, or public schools, as now defined or as may hereafter
3947	be defined by law. All such bonds shall mature not later than
3948	thirty years after the date of issuance thereof. All other
3949	details of such bonds shall be as provided by law or by the
3950	proceedings authorizing such bonds; provided, however, that no
3951	bonds, except refunding bonds, shall be issued, and no proceeds
3952	shall be expended for the cost of any capital project, unless
3953	such project has been authorized by the legislature.
3954	e.  Bonds issued pursuant to this paragraph subsection
3955	(a)(2) shall be primarily payable from such revenues derived
3956	from gross receipts taxes, and shall be additionally secured by
3957	the full faith and credit of the state. No such bonds shall ever
3958	be issued in an amount exceeding ninety percent of the amount
3959	that which the state board determines can be serviced by the
3960	revenues derived from the gross receipts taxes accruing
3961	thereafter under the provisions of this paragraph subsection
3962	(a)(2), and such determination shall be conclusive.
3963	f.  The moneys in the capital outlay fund in each fiscal
3964	year shall be used only for the following purposes and in the
3965	following order of priority:
3966	1.a.  For the payment of the principal of and interest on
3967	any bonds due in such fiscal year;
3968	2.b.  For the deposit into any reserve funds provided for
3969	in the proceedings authorizing the issuance of bonds of any
3970	amounts required to be deposited in such reserve funds in such
3971	fiscal year;
3972	3.c.  For direct payment of the cost or any part of the
3973	cost of any capital project for the state system theretofore
3974	authorized by the legislature, or for the purchase or redemption
3975	of outstanding bonds in accordance with the provisions of the
3976	proceedings that which authorized the issuance of such bonds, or
3977	for the purpose of maintaining, restoring, or repairing existing
3978	public educational facilities.
3979	(b)  REFUNDING BONDS.--Revenue bonds to finance the cost of
3980	state capital projects issued prior to the date this revision
3981	becomes effective, including projects of the Florida state
3982	turnpike authority or its successor but excluding all portions
3983	of the state highway system, may be refunded as provided by law
3984	without vote of the electors at a lower net average interest
3985	cost rate by the issuance of bonds maturing not later than the
3986	obligations refunded, secured by the same revenues only.
3987	(c)  MOTOR VEHICLE FUEL TAXES.--
3988	(1)  A state tax, designated "second gas tax," of two cents
3989	per gallon upon gasoline and other like products of petroleum
3990	and an equivalent tax upon other sources of energy used to
3991	propel motor vehicles as levied by Article IX, section 16, of
3992	the constitution of 1885, as amended, is hereby continued. The
3993	proceeds of said tax shall be placed monthly in the state roads
3994	distribution fund in the state treasury.
3995	(2)  Article IX, section 16, of the constitution of 1885,
3996	as amended, is adopted by this reference as a part of this
3997	revision as completely as though incorporated herein verbatim
3998	for the purpose of providing that after the effective date of
3999	this revision the proceeds of the "second gas tax" as referred
4000	to therein shall be allocated among the several counties in
4001	accordance with the formula stated therein to the extent
4002	necessary to comply with all obligations to or for the benefit
4003	of holders of bonds, revenue certificates, and tax anticipation
4004	certificates or any refundings thereof secured by any portion of
4005	the "second gas tax."
4006	(3)  No funds anticipated to be allocated under the formula
4007	stated in Article IX, section 16, of the constitution of 1885,
4008	as amended, shall be pledged as security for any obligation
4009	hereafter issued or entered into, except that any outstanding
4010	obligations previously issued pledging revenues allocated under
4011	said Article IX, section 16, may be refunded at a lower average
4012	net interest cost rate by the issuance of refunding bonds,
4013	maturing not later than the obligations refunded, secured by the
4014	same revenues and any other security authorized in paragraph (5)
4015	of this subsection.
4016	(4)  Subject to the requirements of paragraph (2) of this
4017	subsection and after payment of administrative expenses, the
4018	"second gas tax" shall be allocated to the account of each of
4019	the several counties in the amounts to be determined as follows:
4020	There shall be an initial allocation of one-fourth in the ratio
4021	of county area to state area, one-fourth in the ratio of the
4022	total county population to the total population of the state in
4023	accordance with the latest available federal census, and one-
4024	half in the ratio of the total "second gas tax" collected on
4025	retail sales or use in each county to the total collected in all
4026	counties of the state during the previous fiscal year. If the
4027	annual debt service requirements of any obligations issued for
4028	any county, including any deficiencies for prior years, secured
4029	under paragraph (2) of this subsection, exceeds the amount that
4030	which would be allocated to that county under the formula set
4031	out in this paragraph, the amounts allocated to other counties
4032	shall be reduced proportionately.
4033	(5)  Funds allocated under paragraphs (2) and (4) of this
4034	subsection shall be administered by the state board of
4035	administration created under Article IV, section 4. The board
4036	shall remit the proceeds of the "second gas tax" in each county
4037	account for use in said county as follows: eighty percent per
4038	cent to the state agency supervising the state road system and
4039	twenty percent per cent to the governing body of the county. The
4040	percentage allocated to the county may be increased by general
4041	law. The proceeds of the "second gas tax" subject to allocation
4042	to the several counties under this paragraph (5) shall be used
4043	first, for the payment of obligations pledging revenues
4044	allocated pursuant to Article IX, section 16, of the
4045	constitution of 1885, as amended, and any refundings thereof;
4046	second, for the payment of debt service on bonds issued as
4047	provided by this paragraph (5) to finance the acquisition and
4048	construction of roads as defined by law; and third, for the
4049	acquisition and construction of roads and for road maintenance
4050	as authorized by law. When authorized by law, state bonds
4051	pledging the full faith and credit of the state may be issued
4052	without any election to:
4053	a.  (i) to Refund obligations secured by any portion of the
4054	"second gas tax" allocated to a county under Article IX, section
4055	16, of the constitution of 1885, as amended.;
4056	b.  (ii) to Finance the acquisition and construction of
4057	roads in a county when approved by the governing body of the
4058	county and the state agency supervising the state road system.;
4059	c.  and (iii) to Refund obligations secured by any portion
4060	of the "second gas tax" allocated under paragraph 9(c)(4).
4061
4062	No such bonds shall be issued unless a state fiscal agency
4063	created by law has made a determination that in no state fiscal
4064	year will the debt service requirements of the bonds and all
4065	other bonds secured by the pledged portion of the "second gas
4066	tax" allocated to the county exceed seventy-five percent per
4067	cent of the pledged portion of the "second gas tax" allocated to
4068	that county for the preceding state fiscal year, of the pledged
4069	net tolls from existing facilities collected in the preceding
4070	state fiscal year, and of the annual average net tolls
4071	anticipated during the first five state fiscal years of
4072	operation of new projects to be financed, and of any other
4073	legally available pledged revenues collected in the preceding
4074	state fiscal year. Bonds issued pursuant to this subsection
4075	shall be payable primarily from the pledged tolls, the pledged
4076	portions of the "second gas tax" allocated to that county, and
4077	any other pledged revenue, and shall mature not later than forty
4078	years from the date of issuance.
4079	(d)  SCHOOL BONDS.--
4080	(1)  Article XII, section 7(d), 9, Subsection (d) of this
4081	constitution, as amended, (which, by reference, adopted Article
4082	XII, section 18, of the constitution of 1885, as amended), as
4083	the same existed immediately before the effective date of this
4084	amendment is adopted by this reference as part of this amendment
4085	as completely as though incorporated herein verbatim, for the
4086	purpose of providing that after the effective date of this
4087	amendment the first proceeds of the revenues derived from the
4088	licensing of motor vehicles as referred to therein shall be
4089	distributed annually among the several counties in the ratio of
4090	the number of instruction units in each county, the same being
4091	coterminous coterminus with the school district of each county
4092	as provided in Article IX, section 4(a), 4, Subsection (a) of
4093	this constitution, in each year computed as provided therein to
4094	the extent necessary to comply with all obligations to or for
4095	the benefit of holders of bonds or motor vehicle tax
4096	anticipation certificates issued before the effective date of
4097	this amendment or any refundings thereof that which are secured
4098	by any portion of such revenues derived from the licensing of
4099	motor vehicles.
4100	(2)  No funds anticipated to be distributed annually among
4101	the several counties under the formula stated in Article XII,
4102	section 7(d), 9, Subsection (d) of this constitution, as
4103	amended, as the same existed immediately before the effective
4104	date of this amendment shall be pledged as security for any
4105	obligations hereafter issued or entered into, except that any
4106	outstanding obligations previously issued pledging such funds
4107	may be refunded by the issuance of refunding bonds.
4108	(3)  Subject to the requirements of paragraph (d)(1)
4109	paragraph (1) of this subsection (d) beginning July 1, 1973, the
4110	first proceeds of the revenues derived from the licensing of
4111	motor vehicles (hereinafter called "motor vehicle license
4112	revenues") to the extent necessary to comply with the provisions
4113	of this amendment, shall, as collected, be placed monthly in the
4114	school district and community college district capital outlay
4115	and debt service fund in the state treasury and used only as
4116	provided in this amendment. Such revenue shall be distributed
4117	annually among the several school districts and community
4118	college districts in the ratio of the number of instruction
4119	units in each school district or community college district in
4120	each year computed as provided herein. The amount of the first
4121	motor vehicle license revenues to be so set aside in each year
4122	and distributed as provided herein shall be an amount equal in
4123	the aggregate to the product of six hundred dollars ($600)
4124	multiplied by the total number of instruction units in all the
4125	school districts of Florida for the school fiscal year 1967-68,
4126	plus an amount equal in the aggregate to the product of eight
4127	hundred dollars ($800) multiplied by the total number of
4128	instruction units in all the school districts of Florida for the
4129	school fiscal year 1972-73 and for each school fiscal year
4130	thereafter that which is in excess of the total number of such
4131	instruction units in all the school districts of Florida for the
4132	school fiscal year 1967-68, such excess units being designated
4133	"growth units." The amount of the first motor vehicle license
4134	revenues to be so set aside in each year and distributed as
4135	provided herein shall additionally be an amount equal in the
4136	aggregate to the product of four hundred dollars ($400)
4137	multiplied by the total number of instruction units in all
4138	community college districts of Florida. The number of
4139	instruction units in each school district or community college
4140	district in each year for the purposes of this amendment shall
4141	be the greater of:
4142	a.(1)  The number of instruction units in each school
4143	district for the school fiscal year 1967-68 or community college
4144	district for the school fiscal year 1968-69 computed in the
4145	manner heretofore provided by general law; ,or
4146	b.(2)  The number of instruction units in such school
4147	district, including growth units, or community college district
4148	for the school fiscal year computed in the manner heretofore or
4149	hereafter provided by general law and approved by the state
4150	board of education (hereinafter called the state board);, or
4151	c.(3)  The number of instruction units in each school
4152	district, including growth units, or community college district
4153	on behalf of which the state board has issued bonds or motor
4154	vehicle license revenue anticipation certificates under this
4155	amendment that which will produce sufficient revenues under this
4156	amendment to equal one and twelve-hundredths (1.12) times the
4157	aggregate amount of principal of and interest on all bonds or
4158	motor vehicle license revenue anticipation certificates issued
4159	under this amendment that which will mature and become due in
4160	such year, computed in the manner heretofore or hereafter
4161	provided by general law and approved by the state board.
4162	(4)  Such funds so distributed shall be administered by the
4163	state board as now created and constituted by Article IX,
4164	section 2, of Article IX of this the State constitution as
4165	revised in 1968, or by such other instrumentality of the state
4166	that which shall hereafter succeed by law to the powers, duties,
4167	and functions of the state board, including the powers, duties,
4168	and functions of the state board provided in this amendment. For
4169	the purposes of this amendment, said state board shall be a body
4170	corporate and shall have all the powers provided in this
4171	amendment in addition to all other constitutional and statutory
4172	powers related to the purposes of this amendment heretofore or
4173	hereafter conferred upon said state board.
4174	(5)  The state board shall, in addition to its other
4175	constitutional and statutory powers, have the management,
4176	control, and supervision of the proceeds of the first motor
4177	vehicle license revenues provided for in this subsection (d).
4178	The state board shall also have power, for the purpose of
4179	obtaining funds for the use of any school board of any school
4180	district or board of trustees of any community college district
4181	in acquiring, building, constructing, altering, remodeling,
4182	improving, enlarging, furnishing, equipping, maintaining,
4183	renovating, or repairing of capital outlay projects for school
4184	purposes to issue bonds or motor vehicle license revenue
4185	anticipation certificates, and also to issue such bonds or motor
4186	vehicle license revenue anticipation certificates to pay, fund,
4187	or refund any bonds or motor vehicle license revenue
4188	anticipation certificates theretofore issued by said state
4189	board. All such bonds or motor vehicle license revenue
4190	anticipation certificates shall bear interest at not exceeding
4191	the rate provided by general law and shall mature not later than
4192	thirty years after the date of issuance thereof. The state board
4193	shall have power to determine all other details of the bonds or
4194	motor vehicle license revenue anticipation certificates and to
4195	sell in the manner provided by general law, or exchange the
4196	bonds or motor vehicle license revenue anticipation
4197	certificates, upon such terms and conditions as the state board
4198	shall provide.
4199	(6)  The state board shall also have power to pledge for
4200	the payment of the principal of and interest on such bonds or
4201	motor vehicle license revenue anticipation certificates,
4202	including refunding bonds or refunding motor vehicle license
4203	revenue anticipation certificates, all or any part from the
4204	motor vehicle license revenues provided for in this amendment
4205	and to enter into any covenants and other agreements with the
4206	holders of such bonds or motor vehicle license revenue
4207	anticipation certificates at the time of the issuance thereof
4208	concerning the security thereof and the rights of the holders
4209	thereof, all of which covenants and agreements shall constitute
4210	legally binding and irrevocable contracts with such holders and
4211	shall be fully enforceable by such holders in any court of
4212	competent jurisdiction.
4213	(7)  No such bonds or motor vehicle license revenue
4214	anticipation certificates shall ever be issued by the state
4215	board, except to refund outstanding bonds or motor vehicle
4216	license revenue anticipation certificates, until after the
4217	adoption of a resolution requesting the issuance thereof by the
4218	school board of the school district or board of trustees of the
4219	community college district on behalf of which the obligations
4220	are to be issued. The state board of education shall limit the
4221	amount of such bonds or motor vehicle license revenue
4222	anticipation certificates that which can be issued on behalf of
4223	any school district or community college district to ninety
4224	percent (90%) of the amount that which it determines can be
4225	serviced by the revenue accruing to the school district or
4226	community college district under the provisions of this
4227	amendment, and shall determine the reasonable allocation of the
4228	interest savings from the issuance of refunding bonds or motor
4229	vehicle license revenue anticipation certificates, and such
4230	determinations shall be conclusive. All such bonds or motor
4231	vehicle license revenue anticipation certificates shall be
4232	issued in the name of the state board of education but shall be
4233	issued for and on behalf of the school board of the school
4234	district or board of trustees of the community college district
4235	requesting the issuance thereof, and no election or approval of
4236	qualified electors shall be required for the issuance thereof.
4237	(8)  The state board shall in each year use the funds
4238	distributable pursuant to this amendment to the credit of each
4239	school district or community college district only in the
4240	following manner and in order of priority:
4241	a.  To comply with the requirements of paragraph (d)(1)
4242	paragraph (1) of this subsection (d).
4243	b.  To pay all amounts of principal and interest due in
4244	such year on any bonds or motor vehicle license revenue
4245	anticipation certificates issued under the authority hereof,
4246	including refunding bonds or motor vehicle license revenue
4247	anticipation certificates, issued on behalf of the school board
4248	of such school district or board of trustees of such community
4249	college district; subject, however, to any covenants or
4250	agreements made by the state board concerning the rights between
4251	holders of different issues of such bonds or motor vehicle
4252	license revenue anticipation certificates, as herein authorized.
4253	c.  To establish and maintain a sinking fund or funds to
4254	meet future requirements for debt service or reserves therefor,
4255	on bonds or motor vehicle license revenue anticipation
4256	certificates issued on behalf of the school board of such school
4257	district or board of trustees of such community college district
4258	under the authority hereof, whenever the state board shall deem
4259	it necessary or advisable, and in such amounts and under such
4260	terms and conditions as the state board shall in its discretion
4261	determine.
4262	d.  To distribute annually to the several school boards of
4263	the school districts or the boards of trustees of the community
4264	college districts for use in payment of debt service on bonds
4265	heretofore or hereafter issued by any such school boards of the
4266	school districts or boards of trustees of the community college
4267	districts where the proceeds of the bonds were used, or are to
4268	be used, in the acquiring, building, constructing, altering,
4269	remodeling, improving, enlarging, furnishing, equipping,
4270	maintaining, renovating, or repairing of capital outlay projects
4271	in such school districts or community college districts and
4272	which capital outlay projects have been approved by the school
4273	board of the school district or board of trustees of the
4274	community college district, pursuant to the most recent survey
4275	or surveys conducted under regulations prescribed by the state
4276	board to determine the capital outlay needs of the school
4277	district or community college district. The state board shall
4278	have power at the time of issuance of any bonds by any school
4279	board of any school district or board of trustees of any
4280	community college district to covenant and agree with such
4281	school board or board of trustees as to the rank and priority of
4282	payments to be made for different issues of bonds under this
4283	subparagraph d., and may further agree that any amounts to be
4284	distributed under this subparagraph d. may be pledged for the
4285	debt service on bonds issued by any school board of any school
4286	district or board of trustees of any community college district
4287	and for the rank and priority of such pledge. Any such covenants
4288	or agreements of the state board may be enforced by any holders
4289	of such bonds in any court of competent jurisdiction.
4290	e.  To pay the expenses of the state board in administering
4291	this subsection (d), which shall be prorated among the various
4292	school districts and community college districts and paid out of
4293	the proceeds of the bonds or motor vehicle license revenue
4294	anticipation certificates or from the funds distributable to
4295	each school district and community college district on the same
4296	basis as such motor vehicle license revenues are distributable
4297	to the various school districts and community college districts.
4298	f.  To distribute annually to the several school boards of
4299	the school districts or boards of trustees of the community
4300	college districts for the payment of the cost of acquiring,
4301	building, constructing, altering, remodeling, improving,
4302	enlarging, furnishing, equipping, maintaining, renovating, or
4303	repairing of capital outlay projects for school purposes in such
4304	school district or community college district as shall be
4305	requested by resolution of the school board of the school
4306	district or board of trustees of the community college district.
4307	g.  When all major capital outlay needs of a school
4308	district or community college district have been met as
4309	determined by the state board, on the basis of a survey made
4310	pursuant to regulations of the state board and approved by the
4311	state board, all such funds remaining shall be distributed
4312	annually and used for such school purposes in such school
4313	district or community college district as the school board of
4314	the school district or board of trustees of the community
4315	college district shall determine, or as may be provided by
4316	general law.
4317	(9)  Capital outlay projects of a school district or
4318	community college district shall be eligible to participate in
4319	the funds accruing under this amendment and derived from the
4320	proceeds of bonds and motor vehicle license revenue anticipation
4321	certificates and from the motor vehicle license revenues, only
4322	in the order of priority of needs, as shown by a survey or
4323	surveys conducted in the school district or community college
4324	district under regulations prescribed by the state board, to
4325	determine the capital outlay needs of the school district or
4326	community college district and approved by the state board;
4327	provided that the priority of such projects may be changed from
4328	time to time upon the request of the school board of the school
4329	district or board of trustees of the community college district
4330	and with the approval of the state board; and provided, further,
4331	that this paragraph (9) shall not in any manner affect any
4332	covenant, agreement, or pledge made by the state board in the
4333	issuance by said state board of any bonds or motor vehicle
4334	license revenue anticipation certificates, or in connection with
4335	the issuance of any bonds of any school board of any school
4336	district or board of trustees of any community college district.
4337	(10)  The state board shall have power to make and enforce
4338	all rules and regulations necessary to the full exercise of the
4339	powers herein granted and no legislation shall be required to
4340	render this amendment of full force and operating effect. The
4341	legislature shall not reduce the levies of said motor vehicle
4342	license revenues during the life of this amendment to any degree
4343	that which will fail to provide the full amount necessary to
4344	comply with the provisions of this amendment and pay the
4345	necessary expenses of administering the laws relating to the
4346	licensing of motor vehicles, and shall not enact any law having
4347	the effect of withdrawing the proceeds of such motor vehicle
4348	license revenues from the operation of this amendment and shall
4349	not enact any law impairing or materially altering the rights of
4350	the holders of any bonds or motor vehicle license revenue
4351	anticipation certificates issued pursuant to this amendment or
4352	impairing or altering any covenant or agreement of the state
4353	board, as provided in such bonds or motor vehicle license
4354	revenue anticipation certificates.
4355	(11)  Bonds issued by the state board pursuant to this
4356	subsection (d) shall be payable primarily from said motor
4357	vehicle license revenues as provided herein, and if heretofore
4358	or hereafter authorized by law, may be additionally secured by
4359	pledging the full faith and credit of the state without an
4360	election. When heretofore or hereafter authorized by law, bonds
4361	issued pursuant to Article XII, section 18, of the constitution
4362	of 1885, as amended prior to 1968, and bonds issued pursuant to
4363	Article XII, section 7(d), 9, subsection (d) of this the
4364	constitution as revised in 1968, and bonds issued pursuant to
4365	this subsection (d), may be refunded by the issuance of bonds
4366	additionally secured by the full faith and credit of the state.
4367	(e)  DEBT LIMITATION.--Bonds issued pursuant to this
4368	section 9 of Article XII that which are payable primarily from
4369	revenues pledged pursuant to this section shall not be included
4370	in applying the limits upon the amount of state bonds contained
4371	in Section 11, Article VII, of this revision.
4372	SECTION 8 10.  Preservation of constitutional provisions as
4373	statutes Preservation of existing government.--
4374	(a)  The following provisions, as they existed on November
4375	6, 2006, shall become statutes:
4376	1.  Article I, section 26.
4377	2.  Article II, section 9.
4378	3.  Article IX, section 7.
4379	4.  Article X, section 21.
4380	5.  Article X, section 24.
4381	6.  Article X, section 25.
4382	7.  Article X, section 26.
4383	(b)  The Division of Statutory Revision shall codify a
4384	provision made statutory law by subsection (a) in the manner
4385	described in s. 11.242, Florida Statutes (2005). The Division of
4386	Statutory Revision may make alterations to a provision described
4387	in subsection (a) to reflect its status as statutory law, but
4388	the effect of the provision must be preserved.
4389	(c)  Each provision made statutory law by subsection (a)
4390	shall not be subject to modification or repeal, except by a two-
4391	thirds vote of the membership of each house of the legislature,
4392	in the first 5 years from the date it becomes a statute.
4393	Thereafter, it shall be subject to modification or repeal as are
4394	other statutes. All provisions of Articles I through IV, VII and
4395	IX through XX of the Constitution of 1885, as amended, not
4396	embraced herein which are not inconsistent with this revision
4397	shall become statutes subject to modification or repeal as are
4398	other statutes.
4399	SECTION 9 11.  Deletion of obsolete schedule items.--The
4400	legislature shall have power, by joint resolution, to delete
4401	from this article revision any section of this Article XII,
4402	including this section, when all events to which the section to
4403	be deleted is or could become applicable have occurred. A
4404	legislative determination of fact made as a basis for
4405	application of this section shall be subject to judicial review.
4406	SECTION 10 12.  Senators.--The requirements of staggered
4407	terms of senators in Article III, section 15(a), of Article III
4408	of this revision shall apply only to senators elected in
4409	November, 1972, and thereafter.
4410	SECTION 11 13.  Legislative apportionment.--The
4411	requirements of legislative apportionment in Article III,
4412	section 16, of Article III of this revision shall apply only to
4413	the apportionment of the legislature following the decennial
4414	census of 1970, and thereafter.
4415	SECTION 12 14.  Representatives; terms.--The legislature at
4416	its first regular session following the ratification of this
4417	revision, by joint resolution, shall propose to the electors of
4418	the state for ratification or rejection in the general election
4419	of 1970 an amendment to Article III, section 15(b), of the
4420	constitution providing staggered terms of four years for members
4421	of the house of representatives.
4422	SECTION 13 15.  Special district taxes.--Ad valorem taxing
4423	power vested by law in special districts existing when this
4424	revision becomes effective shall not be abrogated by Article
4425	VII, section 9(b) of Article VII herein, but such powers, except
4426	to the extent necessary to pay outstanding debts, may be
4427	restricted or withdrawn by law.
4428	SECTION 16.  Reorganization.--The requirement of Section 6,
4429	Article IV of this revision shall not apply until July 1, 1969.
4430	SECTION 14 17.  Conflicting provisions.--This schedule is
4431	designed to effect the orderly transition of government from the
4432	constitution of 1885, as amended, to this revision and shall
4433	control in all cases of conflict with any part of Article I
4434	through IV, VII, and IX through XI herein.
4435	SECTION 18.  Bonds for housing and related
4436	facilities.--Section 16 of Article VII, providing for bonds for
4437	housing and related facilities, shall take effect upon approval
4438	by the electors.
4439	SECTION 19.  Renewable energy source property.--The
4440	amendment to Section 3 of Article VII, relating to an exemption
4441	for a renewable energy source device and real property on which
4442	such device is installed, if adopted at the special election in
4443	October 1980, shall take effect January 1, 1981.
4444	SECTION 20.  Access to public records.--Section 24 of
4445	Article I, relating to access to public records, shall take
4446	effect July 1, 1993.
4447	SECTION 15 21.  State revenue limitation.--The amendment to
4448	Article VII, section 1, of Article VII limiting state revenues
4449	shall take effect January 1, 1995, and shall first be applicable
4450	to state fiscal year 1995-1996.
4451	SECTION 16 22.  Historic property exemption and
4452	assessment.--The amendments to Article VII, Sections 3 and 4, of
4453	Article VII relating to ad valorem tax exemption for, and
4454	assessment of, historic property shall take effect January 1,
4455	1999.
4456	SECTION 17 23.  Fish and wildlife conservation
4457	commission.--
4458	(a)  The initial members of the commission shall be the
4459	members of the game and fresh water fish commission and the
4460	marine fisheries commission who are serving on those commissions
4461	on the effective date of this amendment, who may serve the
4462	remainder of their respective terms. New appointments to the
4463	commission shall not be made until the retirement, resignation,
4464	removal, or expiration of the terms of the initial members
4465	results in fewer than seven members remaining.
4466	(b)  The jurisdiction of the marine fisheries commission as
4467	set forth in statutes in effect on March 1, 1998, shall be
4468	transferred to the fish and wildlife conservation commission.
4469	The jurisdiction of the marine fisheries commission transferred
4470	to the commission shall not be expanded except as provided by
4471	general law. All rules of the marine fisheries commission and
4472	game and fresh water fish commission in effect on the effective
4473	date of this amendment shall become rules of the fish and
4474	wildlife conservation commission until superseded or amended by
4475	the commission.
4476	(c)  On the effective date of this amendment, the marine
4477	fisheries commission and game and fresh water fish commission
4478	shall be abolished.
4479	(d)  This amendment shall take effect July 1, 1999.
4480	SECTION 18 24.  Executive branch reform.--
4481	(a)  The amendments contained in this revision shall take
4482	effect January 7, 2003, but shall govern with respect to the
4483	qualifying for and the holding of primary elections in 2002. The
4484	office of chief financial officer shall be a new office as a
4485	result of this revision.
4486	(b)  In the event the secretary of state is removed as a
4487	cabinet office in the 1998 general election, the term "custodian
4488	of state records" shall be substituted for the term "secretary
4489	of state" throughout this the constitution and the duties
4490	previously performed by the secretary of state shall be as
4491	provided by law.
4492	SECTION 25.  Schedule to Article V amendment.--
4493	(a)  Commencing with fiscal year 2000-2001, the legislature
4494	shall appropriate funds to pay for the salaries, costs, and
4495	expenses set forth in the amendment to Section 14 of Article V
4496	pursuant to a phase-in schedule established by general law.
4497	(b)  Unless otherwise provided herein, the amendment to
4498	Section 14 shall be fully effectuated by July 1, 2004.
4499	BE IT FURTHER RESOLVED that the following statement be
4500	placed on the ballot:
4501	CONSTITUTIONAL AMENDMENT
4502	MULTIPLE ARTICLES
4503	OBSOLETE, ERRONEOUS, AND INCONSISTENT PROVISIONS;
4504	PRESERVATION OF CERTAIN CONSTITUTIONAL PROVISIONS AS
4505	STATUTES.--Proposing revisions to multiple articles of the State
4506	Constitution to delete obsolete provisions and to correct errors
4507	in spelling, punctuation, and grammar, inconsistencies in
4508	wording and style, and other technical issues; to correct an
4509	erroneous filing date in Article XI, section 6(e), which relates
4510	to the Taxation and Budget Reform Commission; and to remove the
4511	following provisions from the State Constitution, transfer them
4512	to the Florida Statutes, and prohibit the modification or repeal
4513	of those statutes, except by a two-thirds vote of the membership
4514	of each house of the Legislature, for the first 5 years after
4515	each becomes a statute:
4516	ARTICLE I, SECTION 26
4517	Claimant's right to fair compensation.--The provision that
4518	delineates a claimant's right to compensation in medical
4519	liability claims.
4520	ARTICLE II, SECTION 9
4521	English is the official language of Florida.--The provision
4522	that makes English the official language of Florida.
4523	ARTICLE IX, SECTION 7
4524	State University System.--The provision that provides for a
4525	system of governance for the state university system of Florida.
4526	ARTICLE X, SECTION 21
4527	Limiting cruel and inhumane confinement of pigs during
4528	pregnancy.--The provision that makes it unlawful to confine a
4529	pig during pregnancy in such a way that the pig is prevented
4530	from turning around freely.
4531	ARTICLE X, SECTION 24
4532	Florida minimum wage.--The provision that provides for a
4533	state minimum wage in Florida.
4534	ARTICLE X, SECTION 25
4535	Patients' right to know about adverse medical
4536	incidents.--The provision that delineates a patient's right to
4537	know about adverse medical incidents.
4538	ARTICLE X, SECTION 26
4539	Prohibition of medical license after repeated medical
4540	malpractice.--The provision that prohibits a person from having
4541	a medical license after repeated medical malpractice.

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