HB 7165

CS

CHAMBER ACTION

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

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