CONSTITUTION
OF THE
STATE OF FLORIDA
AS REVISED IN 1968
AND SUBSEQUENTLY AMENDED
The Constitution
of the State of Florida as revised in 1968 consisted
of certain revised articles as proposed by three joint
resolutions which were adopted during the special
session of June 24-July 3, 1968, and ratified by the
electorate on November 5, 1968, together with one
article carried forward from the Constitution of 1885,
as amended. The articles proposed in House Joint
Resolution 1-2X constituted the entire revised
constitution with the exception of Articles V, VI, and
VIII. Senate Joint Resolution 4-2X proposed Article
VI, relating to suffrage and elections. Senate Joint
Resolution 5-2X proposed a new Article VIII, relating
to local government. Article V, relating to the
judiciary, was carried forward from the Constitution
of 1885, as amended.
Sections composing
the 1968 revision have no history notes. Subsequent
changes are indicated by notes appended to the
affected sections. The indexes appearing at the
beginning of each article, notes appearing at the end
of various sections, and section and subsection
headings are added editorially and are not to be
considered as part of the constitution.
PREAMBLE
We, the people of the
State of Florida, being grateful to Almighty God for
our constitutional liberty, in order to secure its
benefits, perfect our government, insure domestic
tranquility, maintain public order, and guarantee
equal civil and political rights to all, do ordain and
establish this constitution.
ARTICLE
I DECLARATION OF RIGHTS
ARTICLE
II GENERAL PROVISIONS
ARTICLE
III LEGISLATURE
ARTICLE
IV EXECUTIVE
ARTICLE
V JUDICIARY
ARTICLE
VI SUFFRAGE AND ELECTIONS
ARTICLE
VII FINANCE AND TAXATION
ARTICLE
VIII LOCAL GOVERNMENT
ARTICLE
IX EDUCATION
ARTICLE
X MISCELLANEOUS
ARTICLE
XI AMENDMENTS
ARTICLE
XII SCHEDULE
ARTICLE
I
DECLARATION OF RIGHTS
SECTION
1. Political power.
SECTION
2. Basic rights.
SECTION
3. Religious freedom.
SECTION
4. Freedom of speech and press.
SECTION
5. Right to assemble.
SECTION
6. Right to work.
SECTION
7. Military power.
SECTION
8. Right to bear arms.
SECTION
9. Due process.
SECTION
10. Prohibited laws.
SECTION
11. Imprisonment for debt.
SECTION
12. Searches and seizures.
SECTION
13. Habeas corpus.
SECTION
14. Pretrial release and detention.
SECTION
15. Prosecution for crime; offenses
committed by children.
SECTION
16. Rights of accused and of victims.
SECTION
17. Excessive punishments.
SECTION
18. Administrative penalties.
SECTION
19. Costs.
SECTION
20. Treason.
SECTION
21. Access to courts.
SECTION
22. Trial by jury.
SECTION
23. Right of privacy.
SECTION
24. Access to public records and meetings.
SECTION
25. Taxpayers' Bill of Rights.
SECTION 1. Political power.--
All political power is inherent in the people. The
enunciation herein of certain rights shall not be
construed to deny or impair others retained by the
people.
SECTION 2. Basic rights.--
All natural persons, female and male alike, are equal
before the law and have inalienable rights, among
which are the right to enjoy and defend life and
liberty, to pursue happiness, to be rewarded for
industry, and to acquire, possess and protect
property; except that the ownership, inheritance,
disposition and possession of real property by aliens
ineligible for citizenship may be regulated or
prohibited by law. No person shall be deprived of any
right because of race, religion, national origin, or
physical disability.
History.--Am. S.J.R. 917, 1974; adopted 1974;
Am. proposed by Constitution Revision Commission,
Revision No. 9, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 3. Religious freedom.--
There shall be no law respecting the establishment of
religion or prohibiting or penalizing the free
exercise thereof. Religious freedom shall not justify
practices inconsistent with public morals, peace or
safety. No revenue of the state or any political
subdivision or agency thereof shall ever be taken from
the public treasury directly or indirectly in aid of
any church, sect, or religious denomination or in aid
of any sectarian institution.
SECTION 4. Freedom of speech and press.--
Every person may speak, write and publish sentiments
on all subjects but shall be responsible for the abuse
of that right. No law shall be passed to restrain or
abridge the liberty of speech or of the press. In all
criminal prosecutions and civil actions for defamation
the truth may be given in evidence. If the matter
charged as defamatory is true and was published with
good motives, the party shall be acquitted or
exonerated.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 5. Right to assemble.--
The people shall have the right peaceably to assemble,
to instruct their representatives, and to petition for
redress of grievances.
SECTION 6. Right to work.--
The right of persons to work shall not be denied or
abridged on account of membership or non-membership in
any labor union or labor organization. The right of
employees, by and through a labor organization, to
bargain collectively shall not be denied or abridged.
Public employees shall not have the right to strike.
SECTION 7. Military power.--
The military power shall be subordinate to the civil.
SECTION 8. Right to bear arms.--
(a) The right
of the people to keep and bear arms in defense of
themselves and of the lawful authority of the state
shall not be infringed, except that the manner of
bearing arms may be regulated by law.
(b) There shall
be a mandatory period of three days, excluding
weekends and legal holidays, between the purchase and
delivery at retail of any handgun. For the purposes of
this section, "purchase" means the transfer
of money or other valuable consideration to the
retailer, and "handgun" means a firearm
capable of being carried and used by one hand, such as
a pistol or revolver. Holders of a concealed weapon
permit as prescribed in Florida law shall not be
subject to the provisions of this paragraph.
(c) The
legislature shall enact legislation implementing
subsection (b) of this section, effective no later
than December 31, 1991, which shall provide that
anyone violating the provisions of subsection (b)
shall be guilty of a felony.
(d) This
restriction shall not apply to a trade in of another
handgun.
History.--Am. C.S. for S.J.R. 43, 1989; adopted
1990.
SECTION 9. Due process.--
No person shall be deprived of life, liberty or
property without due process of law, or be twice put
in jeopardy for the same offense, or be compelled in
any criminal matter to be a witness against oneself.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 10. Prohibited laws.--
No bill of attainder, ex post facto law or law
impairing the obligation of contracts shall be passed.
SECTION 11. Imprisonment for debt.--
No person shall be imprisoned for debt, except in
cases of fraud.
SECTION 12. Searches and seizures.--
The right of the people to be secure in their persons,
houses, papers and effects against unreasonable
searches and seizures, and against the unreasonable
interception of private communications by any means,
shall not be violated. No warrant shall be issued
except upon probable cause, supported by affidavit,
particularly describing the place or places to be
searched, the person or persons, thing or things to be
seized, the communication to be intercepted, and the
nature of evidence to be obtained. This right shall be
construed in conformity with the 4th Amendment to the
United States Constitution, as interpreted by the
United States Supreme Court. Articles or information
obtained in violation of this right shall not be
admissible in evidence if such articles or information
would be inadmissible under decisions of the United
States Supreme Court construing the 4th Amendment to
the United States Constitution.
History.--Am. H.J.R. 31-H, 1982; adopted 1982.
SECTION 13. Habeas corpus.--
The writ of habeas corpus shall be grantable of right,
freely and without cost. It shall be returnable
without delay, and shall never be suspended unless, in
case of rebellion or invasion, suspension is essential
to the public safety.
SECTION 14. Pretrial release and detention.--
Unless charged with a capital offense or an offense
punishable by life imprisonment and the proof of guilt
is evident or the presumption is great, every person
charged with a crime or violation of municipal or
county ordinance shall be entitled to pretrial release
on reasonable conditions. If no conditions of release
can reasonably protect the community from risk of
physical harm to persons, assure the presence of the
accused at trial, or assure the integrity of the
judicial process, the accused may be detained.
History.--Am. H.J.R. 43-H, 1982; adopted 1982.
SECTION 15. Prosecution for crime; offenses
committed by children.--
(a) No person
shall be tried for capital crime without presentment
or indictment by a grand jury, or for other felony
without such presentment or indictment or an
information under oath filed by the prosecuting
officer of the court, except persons on active duty in
the militia when tried by courts martial.
(b) When
authorized by law, a child as therein defined may be
charged with a violation of law as an act of
delinquency instead of crime and tried without a jury
or other requirements applicable to criminal cases.
Any child so charged shall, upon demand made as
provided by law before a trial in a juvenile
proceeding, be tried in an appropriate court as an
adult. A child found delinquent shall be disciplined
as provided by law.
SECTION 16. Rights of accused and of
victims.--
(a) In all
criminal prosecutions the accused shall, upon demand,
be informed of the nature and cause of the accusation,
and shall be furnished a copy of the charges, and
shall have the right to have compulsory process for
witnesses, to confront at trial adverse witnesses, to
be heard in person, by counsel or both, and to have a
speedy and public trial by impartial jury in the
county where the crime was committed. If the county is
not known, the indictment or information may charge
venue in two or more counties conjunctively and proof
that the crime was committed in that area shall be
sufficient; but before pleading the accused may elect
in which of those counties the trial will take place.
Venue for prosecution of crimes committed beyond the
boundaries of the state shall be fixed by law.
(b) Victims of
crime or their lawful representatives, including the
next of kin of homicide victims, are entitled to the
right to be informed, to be present, and to be heard
when relevant, at all crucial stages of criminal
proceedings, to the extent that these rights do not
interfere with the constitutional rights of the
accused.
History.--Am. S.J.R. 135, 1987; adopted 1988;
Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 17. Excessive punishments.--
Excessive fines, cruel and unusual punishment,
attainder, forfeiture of estate, indefinite
imprisonment, and unreasonable detention of witnesses
are forbidden. The death penalty is an authorized
punishment for capital crimes designated by the
Legislature. The prohibition against cruel or unusual
punishment, and the prohibition against cruel and
unusual punishment, shall be construed in conformity
with decisions of the United States Supreme Court
which interpret the prohibition against cruel and
unusual punishment provided in the Eighth Amendment to
the United States Constitution. Any method of
execution shall be allowed, unless prohibited by the
United States Constitution. Methods of execution may
be designated by the Legislature, and a change in any
method of execution may be applied retroactively. A
sentence of death shall not be reduced on the basis
that a method of execution is invalid. In any case in
which an execution method is declared invalid, the
death sentence shall remain in force until the
sentence can be lawfully executed by any valid method.
This section shall apply retroactively.
History.--Am. H.J.R. 3505, 1998; adopted 1998.
SECTION 18. Administrative penalties.--
No administrative agency, except the Department of
Military Affairs in an appropriately convened
court-martial action as provided by law, shall impose
a sentence of imprisonment, nor shall it impose any
other penalty except as provided by law.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 19. Costs.--
No person charged with crime shall be compelled to pay
costs before a judgment of conviction has become
final.
SECTION 20. Treason.--
Treason against the state shall consist only in
levying war against it, adhering to its enemies, or
giving them aid and comfort, and no person shall be
convicted of treason except on the testimony of two
witnesses to the same overt act or on confession in
open court.
SECTION 21. Access to courts.--
The courts shall be open to every person for redress
of any injury, and justice shall be administered
without sale, denial or delay.
SECTION 22. Trial by jury.--
The right of trial by jury shall be secure to all and
remain inviolate. The qualifications and the number of
jurors, not fewer than six, shall be fixed by law.
SECTION 23. Right of privacy.--
Every natural person has the right to be let alone and
free from governmental intrusion into the person's
private life except as otherwise provided herein. This
section shall not be construed to limit the public's
right of access to public records and meetings as
provided by law.
History.--Added, C.S. for H.J.R. 387, 1980;
adopted 1980; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 24. Access to public records and
meetings.--
(a) Every
person has the right to inspect or copy any public
record made or received in connection with the
official business of any public body, officer, or
employee of the state, or persons acting on their
behalf, except with respect to records exempted
pursuant to this section or specifically made
confidential by this Constitution. This section
specifically includes the legislative, executive, and
judicial branches of government and each agency or
department created thereunder; counties,
municipalities, and districts; and each constitutional
officer, board, and commission, or entity created
pursuant to law or this Constitution.
(b) All
meetings of any collegial public body of the executive
branch of state government or of any collegial public
body of a county, municipality, school district, or
special district, at which official acts are to be
taken or at which public business of such body is to
be transacted or discussed, shall be open and noticed
to the public and meetings of the legislature shall be
open and noticed as provided in Article III, Section
4(e), except with respect to meetings exempted
pursuant to this section or specifically closed by
this Constitution.
(c) This
section shall be self-executing. The legislature,
however, may provide by general law for the exemption
of records from the requirements of subsection (a) and
the exemption of meetings from the requirements of
subsection (b), provided that such law shall state
with specificity the public necessity justifying the
exemption and shall be no broader than necessary to
accomplish the stated purpose of the law. The
legislature shall enact laws governing the enforcement
of this section, including the maintenance, control,
destruction, disposal, and disposition of records made
public by this section, except that each house of the
legislature may adopt rules governing the enforcement
of this section in relation to records of the
legislative branch. Laws enacted pursuant to this
subsection shall contain only exemptions from the
requirements of subsections (a) or (b) and provisions
governing the enforcement of this section, and shall
relate to one subject.
(d) All laws
that are in effect on July 1, 1993 that limit public
access to records or meetings shall remain in force,
and such laws apply to records of the legislative and
judicial branches, until they are repealed. Rules of
court that are in effect on the date of adoption of
this section that limit access to records shall remain
in effect until they are repealed.
History.--Added, C.S. for C.S. for H.J.R.'s
1727, 863, 2035, 1992; adopted 1992.
1
SECTION 25. Taxpayers' Bill of Rights.--
By general law the legislature shall prescribe and
adopt a Taxpayers' Bill of Rights that, in clear and
concise language, sets forth taxpayers' rights and
responsibilities and government's responsibilities to
deal fairly with taxpayers under the laws of this
state. This section shall be effective July 1, 1993.
History.--Proposed by Taxation and Budget
Reform Commission, Revision No. 2, 1992, filed with
the Secretary of State May 7, 1992; adopted 1992.
1Note.--This section, originally
designated section 24 by Revision No. 2 of the
Taxation and Budget Reform Commission, 1992, was
redesignated section 25 by the editors in order to
avoid confusion with section 24 as contained in
H.J.R.'s 1727, 863, 2035, 1992.
ARTICLE
II
GENERAL PROVISIONS
SECTION
1. State boundaries.
SECTION
2. Seat of government.
SECTION
3. Branches of government.
SECTION
4. State seal and flag.
SECTION
5. Public officers.
SECTION
6. Enemy attack.
SECTION
7. Natural resources and scenic beauty.
SECTION
8. Ethics in government.
SECTION
9. English is the official language of
Florida.
SECTION 1. State boundaries.--
(a) The state
boundaries are: Begin at the mouth of the Perdido
River, which for the purposes of this description is
defined as the point where latitude 30°16'53"
north and longitude 87°31'06" west intersect;
thence to the point where latitude 30°17'02"
north and longitude 87°31'06" west intersect;
thence to the point where latitude 30°18'00"
north and longitude 87°27'08" west intersect;
thence to the point where the center line of the
Intracoastal Canal (as the same existed on June 12,
1953) and longitude 87°27'00" west intersect;
the same being in the middle of the Perdido River;
thence up the middle of the Perdido River to the point
where it intersects the south boundary of the State of
Alabama, being also the point of intersection of the
middle of the Perdido River with latitude 31°00'00"
north; thence east, along the south boundary line of
the State of Alabama, the same being latitude 31°00'00"
north to the middle of the Chattahoochee River; thence
down the middle of said river to its confluence with
the Flint River; thence in a straight line to the head
of the St. Marys River; thence down the middle of said
river to the Atlantic Ocean; thence due east to the
edge of the Gulf Stream or a distance of three
geographic miles whichever is the greater distance;
thence in a southerly direction along the edge of the
Gulf Stream or along a line three geographic miles
from the Atlantic coastline and three leagues distant
from the Gulf of Mexico coastline, whichever is
greater, to and through the Straits of Florida and
westerly, including the Florida reefs, to a point due
south of and three leagues from the southernmost point
of the Marquesas Keys; thence westerly along a
straight line to a point due south of and three
leagues from Loggerhead Key, the westernmost of the
Dry Tortugas Islands; thence westerly, northerly and
easterly along the arc of a curve three leagues
distant from Loggerhead Key to a point due north of
Loggerhead Key; thence northeast along a straight line
to a point three leagues from the coastline of
Florida; thence northerly and westerly three leagues
distant from the coastline to a point west of the
mouth of the Perdido River three leagues from the
coastline as measured on a line bearing south 0°01'00"
west from the point of beginning; thence northerly
along said line to the point of beginning. The State
of Florida shall also include any additional territory
within the United States adjacent to the Peninsula of
Florida lying south of the St. Marys River, east of
the Perdido River, and south of the States of Alabama
and Georgia.
(b) The coastal
boundaries may be extended by statute to the limits
permitted by the laws of the United States or
international law.
SECTION 2. Seat of government.--
The seat of government shall be the City of
Tallahassee, in Leon County, where the offices of the
governor, lieutenant governor, cabinet members and the
supreme court shall be maintained and the sessions of
the legislature shall be held; provided that, in time
of invasion or grave emergency, the governor by
proclamation may for the period of the emergency
transfer the seat of government to another place.
SECTION 3. Branches of government.--
The powers of the state government shall be divided
into legislative, executive and judicial branches. No
person belonging to one branch shall exercise any
powers appertaining to either of the other branches
unless expressly provided herein.
SECTION 4. State seal and flag.--
The design of the great seal and flag of the state
shall be prescribed by law.
SECTION 5. Public officers.--
(a) No person
holding any office of emolument under any foreign
government, or civil office of emolument under the
United States or any other state, shall hold any
office of honor or of emolument under the government
of this state. No person shall hold at the same time
more than one office under the government of the state
and the counties and municipalities therein, except
that a notary public or military officer may hold
another office, and any officer may be a member of a
constitution revision commission, taxation and budget
reform commission, constitutional convention, or
statutory body having only advisory powers.
(b) Each state
and county officer, before entering upon the duties of
the office, shall give bond as required by law, and
shall swear or affirm:
"I do solemnly
swear (or affirm) that I will support, protect, and
defend the Constitution and Government of the United
States and of the State of Florida; that I am duly
qualified to hold office under the Constitution of the
state; and that I will well and faithfully perform the
duties of
on which I am now about
to enter. So help me God.",
and
thereafter shall devote personal attention to the
duties of the office, and continue in office until a
successor qualifies.
(c) The powers,
duties, compensation and method of payment of state
and county officers shall be fixed by law.
History.--Am. H.J.R. 1616, 1988; adopted 1988;
Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 6. Enemy attack.--
In periods of emergency resulting from enemy attack
the legislature shall have power to provide for prompt
and temporary succession to the powers and duties of
all public offices the incumbents of which may become
unavailable to execute the functions of their offices,
and to adopt such other measures as may be necessary
and appropriate to insure the continuity of
governmental operations during the emergency. In
exercising these powers, the legislature may depart
from other requirements of this constitution, but only
to the extent necessary to meet the emergency.
SECTION 7. Natural resources and scenic
beauty.--
(a) It shall be
the policy of the state to conserve and protect its
natural resources and scenic beauty. Adequate
provision shall be made by law for the abatement of
air and water pollution and of excessive and
unnecessary noise and for the conservation and
protection of natural resources.
(b) Those in
the Everglades Agricultural Area who cause water
pollution within the Everglades Protection Area or the
Everglades Agricultural Area shall be primarily
responsible for paying the costs of the abatement of
that pollution. For the purposes of this subsection,
the terms "Everglades Protection Area" and
"Everglades Agricultural Area" shall have
the meanings as defined in statutes in effect on
January 1, 1996.
History.--Am. by Initiative Petition filed with
the Secretary of State March 26, 1996; adopted 1996;
Am. proposed by Constitution Revision Commission,
Revision No. 5, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 8. Ethics in government.--
A public office is a public trust. The people shall
have the right to secure and sustain that trust
against abuse. To assure this right:
(a) All elected
constitutional officers and candidates for such
offices and, as may be determined by law, other public
officers, candidates, and employees shall file full
and public disclosure of their financial interests.
(b) All elected
public officers and candidates for such offices shall
file full and public disclosure of their campaign
finances.
(c) Any public
officer or employee who breaches the public trust for
private gain and any person or entity inducing such
breach shall be liable to the state for all financial
benefits obtained by such actions. The manner of
recovery and additional damages may be provided by
law.
(d) Any public
officer or employee who is convicted of a felony
involving a breach of public trust shall be subject to
forfeiture of rights and privileges under a public
retirement system or pension plan in such manner as
may be provided by law.
(e) No member
of the legislature or statewide elected officer shall
personally represent another person or entity for
compensation before the government body or agency of
which the individual was an officer or member for a
period of two years following vacation of office. No
member of the legislature shall personally represent
another person or entity for compensation during term
of office before any state agency other than judicial
tribunals. Similar restrictions on other public
officers and employees may be established by law.
(f) There shall
be an independent commission to conduct investigations
and make public reports on all complaints concerning
breach of public trust by public officers or employees
not within the jurisdiction of the judicial
qualifications commission.
(g) A code of
ethics for all state employees and nonjudicial
officers prohibiting conflict between public duty and
private interests shall be prescribed by law.
(h) This
section shall not be construed to limit disclosures
and prohibitions which may be established by law to
preserve the public trust and avoid conflicts between
public duties and private interests.
(i)
Schedule--On the effective date of this amendment and
until changed by law:
1(1)
Full and public disclosure of financial interests
shall mean filing with the secretary of state by July
1 of each year a sworn statement showing net worth and
identifying each asset and liability in excess of
$1,000 and its value together with one of the
following:
a. A copy of
the person's most recent federal income tax return; or
b. A sworn
statement which identifies each separate source and
amount of income which exceeds $1,000. The forms for
such source disclosure and the rules under which they
are to be filed shall be prescribed by the independent
commission established in subsection (f), and such
rules shall include disclosure of secondary sources of
income.
(2) Persons
holding statewide elective offices shall also file
disclosure of their financial interests pursuant to
subsection (i)(1).
(3) The
independent commission provided for in subsection (f)
shall mean the Florida Commission on Ethics.
History.--Proposed by Initiative Petition filed
with the Secretary of State July 29, 1976; adopted
1976; Ams. proposed by Constitution Revision
Commission, Revision Nos. 8 and 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s.
8(h)(1), Art. II, State Constitution, by Revision No.
8 (1998) to take effect January 7, 2003. Section
8(h)(1), Art. II, State Constitution, was redesignated
as s. 8(i)(1) by Revision No. 13 (1998). As amended by
Revision No. 8 (1998), effective January 7, 2003, s.
8(i)(1), Art. II, State Constitution, will read:
(1) Full and
public disclosure of financial interests shall mean
filing with the custodian of state records by July 1
of each year a sworn statement showing net worth and
identifying each asset and liability in excess of
$1,000 and its value together with one of the
following:
a. A copy of
the person's most recent federal income tax return; or
b. A sworn
statement which identifies each separate source and
amount of income which exceeds $1,000. The forms for
such source disclosure and the rules under which they
are to be filed shall be prescribed by the independent
commission established in subsection (f), and such
rules shall include disclosure of secondary sources of
income.
SECTION 9. English is the official language
of Florida.--
(a) English is
the official language of the State of Florida.
(b) The
legislature shall have the power to enforce this
section by appropriate legislation.
History.--Proposed by Initiative Petition filed
with the Secretary of State August 8, 1988; adopted
1988.
ARTICLE
III
LEGISLATURE
SECTION
1. Composition.
SECTION
2. Members; officers.
SECTION
3. Sessions of the legislature.
SECTION
4. Quorum and procedure.
SECTION
5. Investigations; witnesses.
SECTION
6. Laws.
SECTION
7. Passage of bills.
SECTION
8. Executive approval and veto.
SECTION
9. Effective date of laws.
SECTION
10. Special laws.
SECTION
11. Prohibited special laws.
SECTION
12. Appropriation bills.
SECTION
13. Term of office.
SECTION
14. Civil service system.
SECTION
15. Terms and qualifications of legislators.
SECTION
16. Legislative apportionment.
SECTION
17. Impeachment.
SECTION
18. Conflict of Interest.
SECTION
19. State Budgeting, Planning and
Appropriations Processes.
SECTION 1. Composition.--
The legislative power of the state shall be vested in
a legislature of the State of Florida, consisting of a
senate composed of one senator elected from each
senatorial district and a house of representatives
composed of one member elected from each
representative district.
SECTION 2. Members; officers.--
Each house shall be the sole judge of the
qualifications, elections, and returns of its members,
and shall biennially choose its officers, including a
permanent presiding officer selected from its
membership, who shall be designated in the senate as
President of the Senate, and in the house as Speaker
of the House of Representatives. The senate shall
designate a Secretary to serve at its pleasure, and
the house of representatives shall designate a Clerk
to serve at its pleasure. The legislature shall
appoint an auditor to serve at its pleasure who shall
audit public records and perform related duties as
prescribed by law or concurrent resolution.
SECTION 3. Sessions of the legislature.--
(a)
ORGANIZATION SESSIONS. On the fourteenth day
following each general election the legislature shall
convene for the exclusive purpose of organization and
selection of officers.
(b) REGULAR
SESSIONS. A regular session of the legislature
shall convene on the first Tuesday after the first
Monday in March of each odd-numbered year, and on the
first Tuesday after the first Monday in March, or such
other date as may be fixed by law, of each
even-numbered year.
(c) SPECIAL
SESSIONS.
(1) The
governor, by proclamation stating the purpose, may
convene the legislature in special session during
which only such legislative business may be transacted
as is within the purview of the proclamation, or of a
communication from the governor, or is introduced by
consent of two-thirds of the membership of each house.
(2) A special
session of the legislature may be convened as provided
by law.
(d) LENGTH OF
SESSIONS. A regular session of the legislature
shall not exceed sixty consecutive days, and a special
session shall not exceed twenty consecutive days,
unless extended beyond such limit by a three-fifths
vote of each house. During such an extension no new
business may be taken up in either house without the
consent of two-thirds of its membership.
(e)
ADJOURNMENT. Neither house shall adjourn for
more than seventy-two consecutive hours except
pursuant to concurrent resolution.
(f) ADJOURNMENT
BY GOVERNOR. If, during any regular or special
session, the two houses cannot agree upon a time for
adjournment, the governor may adjourn the session sine
die or to any date within the period authorized for
such session; provided that, at least twenty-four
hours before adjourning the session, and while neither
house is in recess, each house shall be given formal
written notice of the governor's intention to do so,
and agreement reached within that period by both
houses on a time for adjournment shall prevail.
History.--Am. C.S. for S.J.R. 380, 1989;
adopted 1990; Am. S.J.R. 2606, 1994; adopted 1994; Am.
proposed by Constitution Revision Commission, Revision
No. 13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
SECTION 4. Quorum and procedure.--
(a) A majority
of the membership of each house shall constitute a
quorum, but a smaller number may adjourn from day to
day and compel the presence of absent members in such
manner and under such penalties as it may prescribe.
Each house shall determine its rules of procedure.
(b) Sessions of
each house shall be public; except sessions of the
senate when considering appointment to or removal from
public office may be closed.
(c) Each house
shall keep and publish a journal of its proceedings;
and upon the request of five members present, the vote
of each member voting on any question shall be entered
on the journal. In any legislative committee or
subcommittee, the vote of each member voting on the
final passage of any legislation pending before the
committee, and upon the request of any two members of
the committee or subcommittee, the vote of each member
on any other question, shall be recorded.
(d) Each house
may punish a member for contempt or disorderly conduct
and, by a two-thirds vote of its membership, may expel
a member.
(e) The rules
of procedure of each house shall provide that all
legislative committee and subcommittee meetings of
each house, and joint conference committee meetings,
shall be open and noticed to the public. The rules of
procedure of each house shall further provide that all
prearranged gatherings, between more than two members
of the legislature, or between the governor, the
president of the senate, or the speaker of the house
of representatives, the purpose of which is to agree
upon formal legislative action that will be taken at a
subsequent time, or at which formal legislative action
is taken, regarding pending legislation or amendments,
shall be reasonably open to the public. All open
meetings shall be subject to order and decorum. This
section shall be implemented and defined by the rules
of each house, and such rules shall control admission
to the floor of each legislative chamber and may,
where reasonably necessary for security purposes or to
protect a witness appearing before a committee,
provide for the closure of committee meetings. Each
house shall be the sole judge for the interpretation,
implementation, and enforcement of this section.
History.--Am. S.J.R.'s 1990, 2, 1990; adopted
1990.
SECTION 5. Investigations; witnesses.--
Each house, when in session, may compel attendance of
witnesses and production of documents and other
evidence upon any matter under investigation before it
or any of its committees, and may punish by fine not
exceeding one thousand dollars or imprisonment not
exceeding ninety days, or both, any person not a
member who has been guilty of disorderly or
contemptuous conduct in its presence or has refused to
obey its lawful summons or to answer lawful questions.
Such powers, except the power to punish, may be
conferred by law upon committees when the legislature
is not in session. Punishment of contempt of an
interim legislative committee shall be by judicial
proceedings as prescribed by law.
SECTION 6. Laws.--
Every law shall embrace but one subject and matter
properly connected therewith, and the subject shall be
briefly expressed in the title. No law shall be
revised or amended by reference to its title only.
Laws to revise or amend shall set out in full the
revised or amended act, section, subsection or
paragraph of a subsection. The enacting clause of
every law shall read: "Be It Enacted by the
Legislature of the State of Florida:".
SECTION 7. Passage of bills.--
Any bill may originate in either house and after
passage in one may be amended in the other. It shall
be read in each house on three separate days, unless
this rule is waived by two-thirds vote; provided the
publication of its title in the journal of a house
shall satisfy the requirement for the first reading in
that house. On each reading, it shall be read by title
only, unless one-third of the members present desire
it read in full. On final passage, the vote of each
member voting shall be entered on the journal. Passage
of a bill shall require a majority vote in each house.
Each bill and joint resolution passed in both houses
shall be signed by the presiding officers of the
respective houses and by the secretary of the senate
and the clerk of the house of representatives during
the session or as soon as practicable after its
adjournment sine die.
History.--Am. S.J.R. 1349, 1980; adopted 1980.
SECTION 8. Executive approval and veto.--
(a) Every bill
passed by the legislature shall be presented to the
governor for approval and shall become a law if the
governor approves and signs it, or fails to veto it
within seven consecutive days after presentation. If
during that period or on the seventh day the
legislature adjourns sine die or takes a recess of
more than thirty days, the governor shall have fifteen
consecutive days from the date of presentation to act
on the bill. In all cases except general appropriation
bills, the veto shall extend to the entire bill. The
governor may veto any specific appropriation in a
general appropriation bill, but may not veto any
qualification or restriction without also vetoing the
appropriation to which it relates.
1(b)
When a bill or any specific appropriation of a general
appropriation bill has been vetoed, the governor shall
transmit signed objections thereto to the house in
which the bill originated if in session. If that house
is not in session, the governor shall file them with
the secretary of state, who shall lay them before that
house at its next regular or special session,
whichever occurs first, and they shall be entered on
its journal. If the originating house votes to
re-enact a vetoed measure, whether in a regular or
special session, and the other house does not consider
or fails to re-enact the vetoed measure, no further
consideration by either house at any subsequent
session may be taken. If a vetoed measure is presented
at a special session and the originating house does
not consider it, the measure will be available for
consideration at any intervening special session and
until the end of the next regular session.
(c) If each
house shall, by a two-thirds vote, re-enact the bill
or reinstate the vetoed specific appropriation of a
general appropriation bill, the vote of each member
voting shall be entered on the respective journals,
and the bill shall become law or the specific
appropriation reinstated, the veto notwithstanding.
History.--Ams. proposed by Constitution
Revision Commission, Revision Nos. 8 and 13, 1998,
filed with the Secretary of State May 5, 1998; adopted
1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 8(b),
Art. III, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 8(b), Art.
III, State Constitution, will read:
(b) When a bill
or any specific appropriation of a general
appropriation bill has been vetoed, the governor shall
transmit signed objections thereto to the house in
which the bill originated if in session. If that house
is not in session, the governor shall file them with
the custodian of state records, who shall lay them
before that house at its next regular or special
session, whichever occurs first, and they shall be
entered on its journal. If the originating house votes
to re-enact a vetoed measure, whether in a regular or
special session, and the other house does not consider
or fails to re-enact the vetoed measure, no further
consideration by either house at any subsequent
session may be taken. If a vetoed measure is presented
at a special session and the originating house does
not consider it, the measure will be available for
consideration at any intervening special session and
until the end of the next regular session.
SECTION 9. Effective date of laws.--
Each law shall take effect on the sixtieth day after
adjournment sine die of the session of the legislature
in which enacted or as otherwise provided therein. If
the law is passed over the veto of the governor it
shall take effect on the sixtieth day after
adjournment sine die of the session in which the veto
is overridden, on a later date fixed in the law, or on
a date fixed by resolution passed by both houses of
the legislature.
SECTION 10. Special laws.--
No special law shall be passed unless notice of
intention to seek enactment thereof has been published
in the manner provided by general law. Such notice
shall not be necessary when the law, except the
provision for referendum, is conditioned to become
effective only upon approval by vote of the electors
of the area affected.
SECTION 11. Prohibited special laws.--
(a) There shall
be no special law or general law of local application
pertaining to:
(1) election,
jurisdiction or duties of officers, except officers of
municipalities, chartered counties, special districts
or local governmental agencies;
(2) assessment
or collection of taxes for state or county purposes,
including extension of time therefor, relief of tax
officers from due performance of their duties, and
relief of their sureties from liability;
(3) rules of
evidence in any court;
(4) punishment
for crime;
(5) petit
juries, including compensation of jurors, except
establishment of jury commissions;
(6) change of
civil or criminal venue;
(7) conditions
precedent to bringing any civil or criminal
proceedings, or limitations of time therefor;
(8) refund of
money legally paid or remission of fines, penalties or
forfeitures;
(9) creation,
enforcement, extension or impairment of liens based on
private contracts, or fixing of interest rates on
private contracts;
(10) disposal
of public property, including any interest therein,
for private purposes;
(11) vacation
of roads;
(12) private
incorporation or grant of privilege to a private
corporation;
(13)
effectuation of invalid deeds, wills or other
instruments, or change in the law of descent;
(14) change of
name of any person;
(15) divorce;
(16)
legitimation or adoption of persons;
(17) relief of
minors from legal disabilities;
(18) transfer
of any property interest of persons under legal
disabilities or of estates of decedents;
(19) hunting or
fresh water fishing;
(20) regulation
of occupations which are regulated by a state agency;
or
1(21)
any subject when prohibited by general law passed by a
three-fifths vote of the membership of each house.
Such law may be amended or repealed by like vote.
(b) In the
enactment of general laws on other subjects, political
subdivisions or other governmental entities may be
classified only on a basis reasonably related to the
subject of the law.
1Note.--See the following for
prohibited subject matters added under the authority
of this paragraph:
s. 112.67, F.S.
(Pertaining to protection of public employee
retirement benefits).
s. 121.191, F.S.
(Pertaining to state-administered or supported
retirement systems).
s. 145.16, F.S.
(Pertaining to compensation of designated county
officials).
s. 189.404(2), F.S.
(Pertaining to independent special districts).
s. 190.049, F.S.
(Pertaining to the creation of independent special
districts having the powers enumerated in two or more
of the paragraphs of s. 190.012, F.S.).
s. 215.845, F.S.
(Pertaining to the maximum rate of interest on bonds).
s. 235.26(10), F.S.
(Pertaining to the "State Uniform Building Code
for Public Educational Facilities Construction").
s. 236.014, F.S.
(Pertaining to taxation for school purposes and the
Florida Education Finance Program).
s. 298.76(1), F.S.
(Pertaining to the grant of authority, power, rights,
or privileges to a water control district formed
pursuant to ch. 298, F.S.).
s. 370.083, F.S.
(Pertaining to the sale or purchase of speckled sea
trout or weakfish).
s. 370.172(4), F.S.
(Pertaining to spearfishing in salt waters and
saltwater tributaries).
s. 373.503(2)(b), F.S.
(Pertaining to allocation of millage for water
management purposes).
SECTION 12. Appropriation bills.--
Laws making appropriations for salaries of public
officers and other current expenses of the state shall
contain provisions on no other subject.
SECTION 13. Term of office.--
No office shall be created the term of which shall
exceed four years except as provided herein.
SECTION 14. Civil service system.--
By law there shall be created a civil service system
for state employees, except those expressly exempted,
and there may be created civil service systems and
boards for county, district or municipal employees and
for such offices thereof as are not elected or
appointed by the governor, and there may be authorized
such boards as are necessary to prescribe the
qualifications, method of selection and tenure of such
employees and officers.
SECTION 15. Terms and qualifications of
legislators.--
(a) SENATORS.
Senators shall be elected for terms of four years,
those from odd-numbered districts in the years the
numbers of which are multiples of four and those from
even-numbered districts in even-numbered years the
numbers of which are not multiples of four; except, at
the election next following a reapportionment, some
senators shall be elected for terms of two years when
necessary to maintain staggered terms.
(b)
REPRESENTATIVES. Members of the house of
representatives shall be elected for terms of two
years in each even-numbered year.
(c)
QUALIFICATIONS. Each legislator shall be at
least twenty-one years of age, an elector and resident
of the district from which elected and shall have
resided in the state for a period of two years prior
to election.
(d) ASSUMING
OFFICE; VACANCIES. Members of the legislature
shall take office upon election. Vacancies in
legislative office shall be filled only by election as
provided by law.
SECTION 16. Legislative apportionment.--
(a) SENATORIAL
AND REPRESENTATIVE DISTRICTS. The legislature at
its regular session in the second year following each
decennial census, by joint resolution, shall apportion
the state in accordance with the constitution of the
state and of the United States into not less than
thirty nor more than forty consecutively numbered
senatorial districts of either contiguous, overlapping
or identical territory, and into not less than eighty
nor more than one hundred twenty consecutively
numbered representative districts of either
contiguous, overlapping or identical territory. Should
that session adjourn without adopting such joint
resolution, the governor by proclamation shall
reconvene the legislature within thirty days in
special apportionment session which shall not exceed
thirty consecutive days, during which no other
business shall be transacted, and it shall be the
mandatory duty of the legislature to adopt a joint
resolution of apportionment.
1(b)
FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
REAPPORTIONMENT. In the event a special
apportionment session of the legislature finally
adjourns without adopting a joint resolution of
apportionment, the attorney general shall, within five
days, petition the supreme court of the state to make
such apportionment. No later than the sixtieth day
after the filing of such petition, the supreme court
shall file with the secretary of state an order making
such apportionment.
(c) JUDICIAL
REVIEW OF APPORTIONMENT. Within fifteen days
after the passage of the joint resolution of
apportionment, the attorney general shall petition the
supreme court of the state for a declaratory judgment
determining the validity of the apportionment. The
supreme court, in accordance with its rules, shall
permit adversary interests to present their views and,
within thirty days from the filing of the petition,
shall enter its judgment.
(d) EFFECT OF
JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT
SESSION. A judgment of the supreme court of the
state determining the apportionment to be valid shall
be binding upon all the citizens of the state. Should
the supreme court determine that the apportionment
made by the legislature is invalid, the governor by
proclamation shall reconvene the legislature within
five days thereafter in extraordinary apportionment
session which shall not exceed fifteen days, during
which the legislature shall adopt a joint resolution
of apportionment conforming to the judgment of the
supreme court.
(e)
EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
APPORTIONMENT. Within fifteen days after the
adjournment of an extraordinary apportionment session,
the attorney general shall file a petition in the
supreme court of the state setting forth the
apportionment resolution adopted by the legislature,
or if none has been adopted reporting that fact to the
court. Consideration of the validity of a joint
resolution of apportionment shall be had as provided
for in cases of such joint resolution adopted at a
regular or special apportionment session.
1(f)
JUDICIAL REAPPORTIONMENT. Should an
extraordinary apportionment session fail to adopt a
resolution of apportionment or should the supreme
court determine that the apportionment made is
invalid, the court shall, not later than sixty days
after receiving the petition of the attorney general,
file with the secretary of state an order making such
apportionment.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 8, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 16(b)
and (f), Art. III, State Constitution, by Revision No.
8 (1998) to take effect January 7, 2003. As amended by
Revision No. 8 (1998), effective January 7, 2003, s.
16(b) and (f), Art. III, State Constitution, will
read:
(b) FAILURE OF
LEGISLATURE TO APPORTION; JUDICIAL REAPPORTIONMENT.
In the event a special apportionment session of the
legislature finally adjourns without adopting a joint
resolution of apportionment, the attorney general
shall, within five days, petition the supreme court of
the state to make such apportionment. No later than
the sixtieth day after the filing of such petition,
the supreme court shall file with the custodian of
state records an order making such apportionment.
(f) JUDICIAL
REAPPORTIONMENT. Should an extraordinary
apportionment session fail to adopt a resolution of
apportionment or should the supreme court determine
that the apportionment made is invalid, the court
shall, not later than sixty days after receiving the
petition of the attorney general, file with the
custodian of state records an order making such
apportionment.
SECTION 17. Impeachment.--
(a) The
governor, lieutenant governor, members of the cabinet,
justices of the supreme court, judges of district
courts of appeal, judges of circuit courts, and judges
of county courts shall be liable to impeachment for
misdemeanor in office. The house of representatives by
two-thirds vote shall have the power to impeach an
officer. The speaker of the house of representatives
shall have power at any time to appoint a committee to
investigate charges against any officer subject to
impeachment.
(b) An officer
impeached by the house of representatives shall be
disqualified from performing any official duties until
acquitted by the senate, and, unless impeached, the
governor may by appointment fill the office until
completion of the trial.
(c) All
impeachments by the house of representatives shall be
tried by the senate. The chief justice of the supreme
court, or another justice designated by the chief
justice, shall preside at the trial, except in a trial
of the chief justice, in which case the governor shall
preside. The senate shall determine the time for the
trial of any impeachment and may sit for the trial
whether the house of representatives be in session or
not. The time fixed for trial shall not be more than
six months after the impeachment. During an
impeachment trial senators shall be upon their oath or
affirmation. No officer shall be convicted without the
concurrence of two-thirds of the members of the senate
present. Judgment of conviction in cases of
impeachment shall remove the offender from office and,
in the discretion of the senate, may include
disqualification to hold any office of honor, trust or
profit. Conviction or acquittal shall not affect the
civil or criminal responsibility of the officer.
History.--Am. S.J.R. 459, 1987; adopted 1988;
Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
1
SECTION 18. Conflict of Interest.--
A code of ethics for all state employees and
nonjudicial officers prohibiting conflict between
public duty and private interests shall be prescribed
by law.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1Note.--This section was repealed
effective January 5, 1999, by Am. proposed by
Constitution Revision Commission, Revision No. 13,
1998, filed with the Secretary of State May 5, 1998;
adopted 1998. See s. 5(c), Art. XI, State
Constitution, for constitutional effective date.
Identical language to s. 18, Art. III, State
Constitution, was enacted in s. 8(g), Art. II, State
Constitution, by Revision No. 13, 1998.
SECTION 19. State Budgeting, Planning and
Appropriations Processes.--
(a) ANNUAL
BUDGETING. Effective July 1, 1994, general law
shall prescribe the adoption of annual state budgetary
and planning processes and require that detail
reflecting the annualized costs of the state budget
and reflecting the nonrecurring costs of the budget
requests shall accompany state department and agency
legislative budget requests, the governor's
recommended budget, and appropriation bills. For
purposes of this subsection, the terms department and
agency shall include the judicial branch.
(b)
APPROPRIATION BILLS FORMAT. Separate sections
within the general appropriation bill shall be used
for each major program area of the state budget; major
program areas shall include: education enhancement
"lottery" trust fund items; education (all
other funds); human services; criminal justice and
corrections; natural resources, environment, growth
management, and transportation; general government;
and judicial branch. Each major program area shall
include an itemization of expenditures for: state
operations; state capital outlay; aid to local
governments and nonprofit organizations operations;
aid to local governments and nonprofit organizations
capital outlay; federal funds and the associated state
matching funds; spending authorizations for
operations; and spending authorizations for capital
outlay. Additionally, appropriation bills passed by
the legislature shall include an itemization of
specific appropriations that exceed one million
dollars ($1,000,000.00) in 1992 dollars. For purposes
of this subsection, "specific
appropriation," "itemization," and
"major program area" shall be defined by
law. This itemization threshold shall be adjusted by
general law every four years to reflect the rate of
inflation or deflation as indicated in the Consumer
Price Index for All Urban Consumers, U.S. City
Average, All Items, or successor reports as reported
by the United States Department of Labor, Bureau of
Labor Statistics or its successor. Substantive bills
containing appropriations shall also be subject to the
itemization requirement mandated under this provision
and shall be subject to the governor's specific
appropriation veto power described in Article III,
Section 8. This subsection shall be effective July 1,
1994.
(c)
APPROPRIATIONS REVIEW PROCESS. Effective July 1,
1993, general law shall prescribe requirements for
each department and agency of state government to
submit a planning document and supporting budget
request for review by the appropriations committees of
both houses of the legislature. The review shall
include a comparison of the major issues in the
planning document and budget requests to those major
issues included in the governor's recommended budget.
For purposes of this subsection, the terms department
and agency shall include the judicial branch.
(d) SEVENTY-TWO
HOUR PUBLIC REVIEW PERIOD. All general
appropriation bills shall be furnished to each member
of the legislature, each member of the cabinet, the
governor, and the chief justice of the supreme court
at least seventy-two hours before final passage by
either house of the legislature of the bill in the
form that will be presented to the governor.
(e) FINAL
BUDGET REPORT. Effective November 4, 1992, a
final budget report shall be prepared as prescribed by
general law. The final budget report shall be produced
no later than the 90th day after the beginning of the
fiscal year, and copies of the report shall be
furnished to each member of the legislature, the head
of each department and agency of the state, the
auditor general, and the chief justice of the supreme
court.
(f) TRUST
FUNDS.
(1) No trust
fund of the State of Florida or other public body may
be created by law without a three-fifths (3/5) vote of
the membership of each house of the legislature in a
separate bill for that purpose only.
(2) State trust
funds in existence before the effective date of this
subsection shall terminate not more than four years
after the effective date of this subsection. State
trust funds created after the effective date of this
subsection shall terminate not more than four years
after the effective date of the act authorizing the
creation of the trust fund. By law the legislature may
set a shorter time period for which any trust fund is
authorized.
1(3)
Trust funds required by federal programs or mandates;
trust funds established for bond covenants,
indentures, or resolutions, whose revenues are legally
pledged by the state or public body to meet debt
service or other financial requirements of any debt
obligations of the state or any public body; the state
transportation trust fund; the trust fund containing
the net annual proceeds from the Florida Education
Lotteries; the Florida retirement trust fund; trust
funds for institutions under the management of the
Board of Regents, where such trust funds are for
auxiliary enterprises and contracts, grants, and
donations, as those terms are defined by general law;
trust funds that serve as clearing funds or accounts
for the comptroller or state agencies; trust funds
that account for assets held by the state in a trustee
capacity as an agent or fiduciary for individuals,
private organizations, or other governmental units;
and other trust funds authorized by this Constitution,
are not subject to the requirements set forth in
paragraph (2) of this subsection.
(4) All cash
balances and income of any trust funds abolished under
this subsection shall be deposited into the general
revenue fund.
(5) The
provisions of this subsection shall be effective
November 4, 1992.
(g) BUDGET
STABILIZATION FUND. Beginning with the 1994-1995
fiscal year, at least 1% of an amount equal to the
last completed fiscal year's net revenue collections
for the general revenue fund shall be retained in a
budget stabilization fund. The budget stabilization
fund shall be increased to at least 2% of said amount
for the 1995-1996 fiscal year, at least 3% of said
amount for the 1996-1997 fiscal year, at least 4% of
said amount for the 1997-1998 fiscal year, and at
least 5% of said amount for the 1998-1999 fiscal year.
Subject to the provisions of this subsection, the
budget stabilization fund shall be maintained at an
amount equal to at least 5% of the last completed
fiscal year's net revenue collections for the general
revenue fund. The budget stabilization fund's
principal balance shall not exceed an amount equal to
10% of the last completed fiscal year's net revenue
collections for the general revenue fund. The
legislature shall provide criteria for withdrawing
funds from the budget stabilization fund in a separate
bill for that purpose only and only for the purpose of
covering revenue shortfalls of the general revenue
fund or for the purpose of providing funding for an
emergency, as defined by general law. General law
shall provide for the restoration of this fund. The
budget stabilization fund shall be comprised of funds
not otherwise obligated or committed for any purpose.
(h) STATE
PLANNING DOCUMENT AND DEPARTMENT AND AGENCY PLANNING
DOCUMENT PROCESSES. The governor shall recommend
to the legislature biennially any revisions to the
state planning document, as defined by law. General
law shall require a biennial review and revision of
the state planning document, shall require the
governor to report to the legislature on the progress
in achieving the state planning document's goals, and
shall require all departments and agencies of state
government to develop planning documents consistent
with the state planning document. The state planning
document and department and agency planning documents
shall remain subject to review and revision by the
legislature. The department and agency planning
documents shall include a prioritized listing of
planned expenditures for review and possible reduction
in the event of revenue shortfalls, as defined by
general law. To ensure productivity and efficiency in
the executive, legislative, and judicial branches, a
quality management and accountability program shall be
implemented by general law. For the purposes of this
subsection, the terms department and agency shall
include the judicial branch. This subsection shall be
effective July 1, 1993.
History.--Proposed by Taxation and Budget
Reform Commission, Revision No. 1, 1992, filed with
the Secretary of State May 7, 1992; adopted 1992; Ams.
proposed by Constitution Revision Commission, Revision
Nos. 8 and 13, 1998, filed with the Secretary of State
May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s.
19(f)(3), Art. III, State Constitution, by Revision
No. 8 (1998) to take effect January 7, 2003. As
amended by Revision No. 8 (1998), effective January 7,
2003, s. 19(f)(3), Art. III, State Constitution, will
read:
(3) Trust funds
required by federal programs or mandates; trust funds
established for bond covenants, indentures, or
resolutions, whose revenues are legally pledged by the
state or public body to meet debt service or other
financial requirements of any debt obligations of the
state or any public body; the state transportation
trust fund; the trust fund containing the net annual
proceeds from the Florida Education Lotteries; the
Florida retirement trust fund; trust funds for
institutions under the management of the Board of
Regents, where such trust funds are for auxiliary
enterprises and contracts, grants, and donations, as
those terms are defined by general law; trust funds
that serve as clearing funds or accounts for the chief
financial officer or state agencies; trust funds that
account for assets held by the state in a trustee
capacity as an agent or fiduciary for individuals,
private organizations, or other governmental units;
and other trust funds authorized by this Constitution,
are not subject to the requirements set forth in
paragraph (2) of this subsection.
ARTICLE
IV
EXECUTIVE
SECTION
1. Governor.
SECTION
2. Lieutenant governor.
SECTION
3. Succession to office of governor; acting
governor.
SECTION
4. Cabinet.
SECTION
5. Election of governor, lieutenant governor
and cabinet members; qualifications; terms.
SECTION
6. Executive departments.
SECTION
7. Suspensions; filling office during
suspensions.
SECTION
8. Clemency.
SECTION
9. Fish and wildlife conservation
commission.
SECTION
10. Attorney General.
SECTION
11. Department of Veterans Affairs.
SECTION
12. Department of Elderly Affairs.
SECTION
13. Revenue Shortfalls.
SECTION 1. Governor.--
(a) The supreme
executive power shall be vested in a governor, who
shall be commander-in-chief of all military forces of
the state not in active service of the United States.
The governor shall take care that the laws be
faithfully executed, commission all officers of the
state and counties, and transact all necessary
business with the officers of government. The governor
may require information in writing from all executive
or administrative state, county or municipal officers
upon any subject relating to the duties of their
respective offices. The governor shall be the chief
administrative officer of the state responsible for
the planning and budgeting for the state.
(b) The
governor may initiate judicial proceedings in the name
of the state against any executive or administrative
state, county or municipal officer to enforce
compliance with any duty or restrain any unauthorized
act.
(c) The
governor may request in writing the opinion of the
justices of the supreme court as to the interpretation
of any portion of this constitution upon any question
affecting the governor's executive powers and duties.
The justices shall, subject to their rules of
procedure, permit interested persons to be heard on
the questions presented and shall render their written
opinion not earlier than ten days from the filing and
docketing of the request, unless in their judgment the
delay would cause public injury.
(d) The
governor shall have power to call out the militia to
preserve the public peace, execute the laws of the
state, suppress insurrection, or repel invasion.
(e) The
governor shall by message at least once in each
regular session inform the legislature concerning the
condition of the state, propose such reorganization of
the executive department as will promote efficiency
and economy, and recommend measures in the public
interest.
(f) When not
otherwise provided for in this constitution, the
governor shall fill by appointment any vacancy in
state or county office for the remainder of the term
of an appointive office, and for the remainder of the
term of an elective office if less than twenty-eight
months, otherwise until the first Tuesday after the
first Monday following the next general election.
History.--Am. proposed by Taxation and Budget
Reform Commission, Revision No. 1, 1992, filed with
the Secretary of State May 7, 1992; adopted 1992; Am.
proposed by Constitution Revision Commission, Revision
No. 13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
SECTION 2. Lieutenant governor.--
There shall be a lieutenant governor, who shall
perform such duties pertaining to the office of
governor as shall be assigned by the governor, except
when otherwise provided by law, and such other duties
as may be prescribed by law.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 3. Succession to office of governor;
acting governor.--
(a) Upon
vacancy in the office of governor, the lieutenant
governor shall become governor. Further succession to
the office of governor shall be prescribed by law. A
successor shall serve for the remainder of the term.
1(b)
Upon impeachment of the governor and until completion
of trial thereof, or during physical or mental
incapacity, the lieutenant governor shall act as
governor. Further succession as acting governor shall
be prescribed by law. Incapacity to serve as governor
may be determined by the supreme court upon due notice
after docketing of a written suggestion thereof by
four cabinet members, and in such case restoration of
capacity shall be similarly determined after docketing
of written suggestion thereof by the governor, the
legislature or four cabinet members. Incapacity to
serve as governor may also be established by
certificate filed with the secretary of state by the
governor declaring incapacity for physical reasons to
serve as governor, and in such case restoration of
capacity shall be similarly established.
History.--Ams. proposed by Constitution
Revision Commission, Revision Nos. 8 and 13, 1998,
filed with the Secretary of State May 5, 1998; adopted
1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 3(b),
Art. IV, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 3(b), Art.
IV, State Constitution, will read:
(b) Upon
impeachment of the governor and until completion of
trial thereof, or during the governor's physical or
mental incapacity, the lieutenant governor shall act
as governor. Further succession as acting governor
shall be prescribed by law. Incapacity to serve as
governor may be determined by the supreme court upon
due notice after docketing of a written suggestion
thereof by three cabinet members, and in such case
restoration of capacity shall be similarly determined
after docketing of written suggestion thereof by the
governor, the legislature or three cabinet members.
Incapacity to serve as governor may also be
established by certificate filed with the custodian of
state records by the governor declaring incapacity for
physical reasons to serve as governor, and in such
case restoration of capacity shall be similarly
established.
1
SECTION 4. Cabinet.--
(a) There shall
be a cabinet composed of a secretary of state, an
attorney general, a comptroller, a treasurer, a
commissioner of agriculture and a commissioner of
education. In addition to the powers and duties
specified herein, they shall exercise such powers and
perform such duties as may be prescribed by law.
(b) The
secretary of state shall keep the records of the
official acts of the legislative and executive
departments.
(c) The
attorney general shall be the chief state legal
officer. There is created in the office of the
attorney general the position of statewide prosecutor.
The statewide prosecutor shall have concurrent
jurisdiction with the state attorneys to prosecute
violations of criminal laws occurring or having
occurred, in two or more judicial circuits as part of
a related transaction, or when any such offense is
affecting or has affected two or more judicial
circuits as provided by general law. The statewide
prosecutor shall be appointed by the attorney general
from not less than three persons nominated by the
judicial nominating commission for the supreme court,
or as otherwise provided by general law.
(d) The
comptroller shall serve as the chief fiscal officer of
the state, and shall settle and approve accounts
against the state.
(e) The
treasurer shall keep all state funds and securities
and shall disburse state funds only upon the order of
the comptroller. Such order may be in any form and may
require the disbursement of state funds by electronic
means or by means of a magnetic tape or any other
transfer medium.
(f) The
commissioner of agriculture shall have supervision of
matters pertaining to agriculture except as otherwise
provided by law.
(g) The
commissioner of education shall supervise the public
education system in the manner prescribed by law.
History.--Am. H.J.R. 435, 1983; adopted 1984;
Am. H.J.R. 386, 1985; adopted 1986; Ams. proposed by
Constitution Revision Commission, Revision Nos. 8 and
13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
1Note.--
A. Section
24(a), Art. XII, State Constitution, provides that
"[t]he amendments contained in this revision
shall take effect January 7, 2003, but shall govern
with respect to the qualifying for and the holding of
primary elections in 2002. The office of chief
financial officer shall be a new office as a result of
this revision."
B. As amended
by Revision No. 8 (1998), effective January 7, 2003,
s. 4, Art. IV, State Constitution, will read:
SECTION 4.
Cabinet.--
(a) There shall
be a cabinet composed of an attorney general, a chief
financial officer, and a commissioner of agriculture.
In addition to the powers and duties specified herein,
they shall exercise such powers and perform such
duties as may be prescribed by law. In the event of a
tie vote of the governor and cabinet, the side on
which the governor voted shall be deemed to prevail.
(b) The
attorney general shall be the chief state legal
officer. There is created in the office of the
attorney general the position of statewide prosecutor.
The statewide prosecutor shall have concurrent
jurisdiction with the state attorneys to prosecute
violations of criminal laws occurring or having
occurred, in two or more judicial circuits as part of
a related transaction, or when any such offense is
affecting or has affected two or more judicial
circuits as provided by general law. The statewide
prosecutor shall be appointed by the attorney general
from not less than three persons nominated by the
judicial nominating commission for the supreme court,
or as otherwise provided by general law.
(c) The chief
financial officer shall serve as the chief fiscal
officer of the state, and shall settle and approve
accounts against the state, and shall keep all state
funds and securities.
(d) The
commissioner of agriculture shall have supervision of
matters pertaining to agriculture except as otherwise
provided by law.
(e) The
governor as chair, the chief financial officer, and
the attorney general shall constitute the state board
of administration, which shall succeed to all the
power, control, and authority of the state board of
administration established pursuant to Article IX,
Section 16 of the Constitution of 1885, and which
shall continue as a body at least for the life of
Article XII, Section 9(c).
(f) The
governor as chair, the chief financial officer, the
attorney general, and the commissioner of agriculture
shall constitute the trustees of the internal
improvement trust fund and the land acquisition trust
fund as provided by law.
(g) The
governor as chair, the chief financial officer, the
attorney general, and the commissioner of agriculture
shall constitute the agency head of the Department of
Law Enforcement.
SECTION 5. Election of governor, lieutenant
governor and cabinet members; qualifications; terms.--
(a) At a
state-wide general election in each calendar year the
number of which is even but not a multiple of four,
the electors shall choose a governor and a lieutenant
governor and members of the cabinet each for a term of
four years beginning on the first Tuesday after the
first Monday in January of the succeeding year. In
primary elections, candidates for the office of
governor may choose to run without a lieutenant
governor candidate. In the general election, all
candidates for the offices of governor and lieutenant
governor shall form joint candidacies in a manner
prescribed by law so that each voter shall cast a
single vote for a candidate for governor and a
candidate for lieutenant governor running together.
(b) When
elected, the governor, lieutenant governor and each
cabinet member must be an elector not less than thirty
years of age who has resided in the state for the
preceding seven years. The attorney general must have
been a member of the bar of Florida for the preceding
five years. No person who has, or but for resignation
would have, served as governor or acting governor for
more than six years in two consecutive terms shall be
elected governor for the succeeding term.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 11, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 6. Executive departments.--
All functions of the executive branch of state
government shall be allotted among not more than
twenty-five departments, exclusive of those
specifically provided for or authorized in this
constitution. The administration of each department,
unless otherwise provided in this constitution, shall
be placed by law under the direct supervision of the
governor, the lieutenant governor, the governor and
cabinet, a cabinet member, or an officer or board
appointed by and serving at the pleasure of the
governor, except:
(a) When
provided by law, confirmation by the senate or the
approval of three members of the cabinet shall be
required for appointment to or removal from any
designated statutory office.
(b) Boards
authorized to grant and revoke licenses to engage in
regulated occupations shall be assigned to appropriate
departments and their members appointed for fixed
terms, subject to removal only for cause.
SECTION 7. Suspensions; filling office
during suspensions.--
1(a)
By executive order stating the grounds and filed with
the secretary of state, the governor may suspend from
office any state officer not subject to impeachment,
any officer of the militia not in the active service
of the United States, or any county officer, for
malfeasance, misfeasance, neglect of duty,
drunkenness, incompetence, permanent inability to
perform official duties, or commission of a felony,
and may fill the office by appointment for the period
of suspension. The suspended officer may at any time
before removal be reinstated by the governor.
(b) The senate
may, in proceedings prescribed by law, remove from
office or reinstate the suspended official and for
such purpose the senate may be convened in special
session by its president or by a majority of its
membership.
(c) By order of
the governor any elected municipal officer indicted
for crime may be suspended from office until acquitted
and the office filled by appointment for the period of
suspension, not to extend beyond the term, unless
these powers are vested elsewhere by law or the
municipal charter.
History.--Ams. proposed by Constitution
Revision Commission, Revision Nos. 8 and 13, 1998,
filed with the Secretary of State May 5, 1998; adopted
1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 7(a),
Art. IV, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 7(a), Art.
IV, State Constitution, will read:
(a) By
executive order stating the grounds and filed with the
custodian of state records, the governor may suspend
from office any state officer not subject to
impeachment, any officer of the militia not in the
active service of the United States, or any county
officer, for malfeasance, misfeasance, neglect of
duty, drunkenness, incompetence, permanent inability
to perform official duties, or commission of a felony,
and may fill the office by appointment for the period
of suspension. The suspended officer may at any time
before removal be reinstated by the governor.
SECTION 8. Clemency.--
1(a)
Except in cases of treason and in cases where
impeachment results in conviction, the governor may,
by executive order filed with the secretary of state,
suspend collection of fines and forfeitures, grant
reprieves not exceeding sixty days and, with the
approval of three members of the cabinet, grant full
or conditional pardons, restore civil rights, commute
punishment, and remit fines and forfeitures for
offenses.
(b) In cases of
treason the governor may grant reprieves until
adjournment of the regular session of the legislature
convening next after the conviction, at which session
the legislature may grant a pardon or further
reprieve; otherwise the sentence shall be executed.
(c) There may
be created by law a parole and probation commission
with power to supervise persons on probation and to
grant paroles or conditional releases to persons under
sentences for crime. The qualifications, method of
selection and terms, not to exceed six years, of
members of the commission shall be prescribed by law.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 8, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 8(a),
Art. IV, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 8(a), Art.
IV, State Constitution, will read:
(a) Except in
cases of treason and in cases where impeachment
results in conviction, the governor may, by executive
order filed with the custodian of state records,
suspend collection of fines and forfeitures, grant
reprieves not exceeding sixty days and, with the
approval of two members of the cabinet, grant full or
conditional pardons, restore civil rights, commute
punishment, and remit fines and forfeitures for
offenses.
SECTION 9. Fish and wildlife conservation
commission.--
There shall be a fish and wildlife conservation
commission, composed of seven members appointed by the
governor, subject to confirmation by the senate for
staggered terms of five years. The commission shall
exercise the regulatory and executive powers of the
state with respect to wild animal life and fresh water
aquatic life, and shall also exercise regulatory and
executive powers of the state with respect to marine
life, except that all license fees for taking wild
animal life, fresh water aquatic life, and marine life
and penalties for violating regulations of the
commission shall be prescribed by general law. The
commission shall establish procedures to ensure
adequate due process in the exercise of its regulatory
and executive functions. The legislature may enact
laws in aid of the commission, not inconsistent with
this section, except that there shall be no special
law or general law of local application pertaining to
hunting or fishing. The commission's exercise of
executive powers in the area of planning, budgeting,
personnel management, and purchasing shall be as
provided by law. Revenue derived from license fees for
the taking of wild animal life and fresh water aquatic
life shall be appropriated to the commission by the
legislature for the purposes of management,
protection, and conservation of wild animal life and
fresh water aquatic life. Revenue derived from license
fees relating to marine life shall be appropriated by
the legislature for the purposes of management,
protection, and conservation of marine life as
provided by law. The commission shall not be a unit of
any other state agency and shall have its own staff,
which includes management, research, and enforcement.
Unless provided by general law, the commission shall
have no authority to regulate matters relating to air
and water pollution.
History.--Am. C.S. for H.J.R. 637, 1973;
adopted 1974; Am. proposed by Constitution Revision
Commission, Revision No. 5, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 10. Attorney General.--
The attorney general shall, as directed by general
law, request the opinion of the justices of the
supreme court as to the validity of any initiative
petition circulated pursuant to Section 3 of Article
XI. The justices shall, subject to their rules of
procedure, permit interested persons to be heard on
the questions presented and shall render their written
opinion expeditiously.
History.--Added, H.J.R. 71, 1986; adopted 1986.
SECTION 11. Department of Veterans Affairs.--
The legislature, by general law, may provide for the
establishment of the Department of Veterans Affairs.
History.--Added, C.S. for H.J.R. 290, 1988;
adopted 1988.
SECTION 12. Department of Elderly Affairs.--
The legislature may create a Department of Elderly
Affairs and prescribe its duties. The provisions
governing the administration of the department must
comply with Section 6 of Article IV of the State
Constitution.
History.--Added, C.S. for H.J.R. 290, 1988;
adopted 1988.
SECTION 13. Revenue Shortfalls.--
In the event of revenue shortfalls, as defined by
general law, the governor and cabinet may establish
all necessary reductions in the state budget in order
to comply with the provisions of Article VII, Section
1(d). The governor and cabinet shall implement all
necessary reductions for the executive budget, the
chief justice of the supreme court shall implement all
necessary reductions for the judicial budget, and the
speaker of the house of representatives and the
president of the senate shall implement all necessary
reductions for the legislative budget. Budget
reductions pursuant to this section shall be
consistent with the provisions of Article III, Section
19(h).
History.--Proposed by Taxation and Budget
Reform Commission Revision No. 1, 1992, filed with the
Secretary of State May 7, 1992; adopted 1992.
ARTICLE
V
JUDICIARY
SECTION
1. Courts.
SECTION
2. Administration; practice and procedure.
SECTION
3. Supreme court.
SECTION
4. District courts of appeal.
SECTION
5. Circuit courts.
SECTION
6. County courts.
SECTION
7. Specialized divisions.
SECTION
8. Eligibility.
SECTION
9. Determination of number of judges.
SECTION
10. Retention; election and terms.
SECTION
11. Vacancies.
SECTION
12. Discipline; removal and retirement.
SECTION
13. Prohibited activities.
SECTION
14. Judicial salaries.
SECTION
15. Attorneys; admission and discipline.
SECTION
16. Clerks of the circuit courts.
SECTION
17. State attorneys.
SECTION
18. Public defenders.
SECTION
19. Judicial officers as conservators of the
peace.
SECTION
20. Schedule to Article V.
SECTION 1. Courts.--
The judicial power shall be vested in a supreme court,
district courts of appeal, circuit courts and county
courts. No other courts may be established by the
state, any political subdivision or any municipality.
The legislature shall, by general law, divide the
state into appellate court districts and judicial
circuits following county lines. Commissions
established by law, or administrative officers or
bodies may be granted quasi-judicial power in matters
connected with the functions of their offices. The
legislature may establish by general law a civil
traffic hearing officer system for the purpose of
hearing civil traffic infractions. The legislature
may, by general law, authorize a military
court-martial to be conducted by military judges of
the Florida National Guard, with direct appeal of a
decision to the District Court of Appeal, First
District.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
H.J.R. 1608, 1988; adopted 1988; Am. proposed by
Constitution Revision Commission, Revision No. 13,
1998, filed with the Secretary of State May 5, 1998;
adopted 1998.
SECTION 2. Administration; practice and
procedure.--
(a) The supreme
court shall adopt rules for the practice and procedure
in all courts including the time for seeking appellate
review, the administrative supervision of all courts,
the transfer to the court having jurisdiction of any
proceeding when the jurisdiction of another court has
been improvidently invoked, and a requirement that no
cause shall be dismissed because an improper remedy
has been sought. The supreme court shall adopt rules
to allow the court and the district courts of appeal
to submit questions relating to military law to the
federal Court of Appeals for the Armed Forces for an
advisory opinion. Rules of court may be repealed by
general law enacted by two-thirds vote of the
membership of each house of the legislature.
(b) The chief
justice of the supreme court shall be chosen by a
majority of the members of the court; shall be the
chief administrative officer of the judicial system;
and shall have the power to assign justices or judges,
including consenting retired justices or judges, to
temporary duty in any court for which the judge is
qualified and to delegate to a chief judge of a
judicial circuit the power to assign judges for duty
in that circuit.
(c) A chief
judge for each district court of appeal shall be
chosen by a majority of the judges thereof or, if
there is no majority, by the chief justice. The chief
judge shall be responsible for the administrative
supervision of the court.
(d) A chief
judge in each circuit shall be chosen from among the
circuit judges as provided by supreme court rule. The
chief judge shall be responsible for the
administrative supervision of the circuit courts and
county courts in his circuit.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
proposed by Constitution Revision Commission, Revision
No. 13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
SECTION 3. Supreme court.--
(a)
ORGANIZATION.--The supreme court shall consist of
seven justices. Of the seven justices, each appellate
district shall have at least one justice elected or
appointed from the district to the supreme court who
is a resident of the district at the time of the
original appointment or election. Five justices shall
constitute a quorum. The concurrence of four justices
shall be necessary to a decision. When recusals for
cause would prohibit the court from convening because
of the requirements of this section, judges assigned
to temporary duty may be substituted for justices.
(b)
JURISDICTION.--The supreme court:
(1) Shall hear
appeals from final judgments of trial courts imposing
the death penalty and from decisions of district
courts of appeal declaring invalid a state statute or
a provision of the state constitution.
(2) When
provided by general law, shall hear appeals from final
judgments entered in proceedings for the validation of
bonds or certificates of indebtedness and shall review
action of statewide agencies relating to rates or
service of utilities providing electric, gas, or
telephone service.
(3) May review
any decision of a district court of appeal that
expressly declares valid a state statute, or that
expressly construes a provision of the state or
federal constitution, or that expressly affects a
class of constitutional or state officers, or that
expressly and directly conflicts with a decision of
another district court of appeal or of the supreme
court on the same question of law.
(4) May review
any decision of a district court of appeal that passes
upon a question certified by it to be of great public
importance, or that is certified by it to be in direct
conflict with a decision of another district court of
appeal.
(5) May review
any order or judgment of a trial court certified by
the district court of appeal in which an appeal is
pending to be of great public importance, or to have a
great effect on the proper administration of justice
throughout the state, and certified to require
immediate resolution by the supreme court.
(6) May review
a question of law certified by the Supreme Court of
the United States or a United States Court of Appeals
which is determinative of the cause and for which
there is no controlling precedent of the supreme court
of Florida.
(7) May issue
writs of prohibition to courts and all writs necessary
to the complete exercise of its jurisdiction.
(8) May issue
writs of mandamus and quo warranto to state officers
and state agencies.
(9) May, or any
justice may, issue writs of habeas corpus returnable
before the supreme court or any justice, a district
court of appeal or any judge thereof, or any circuit
judge.
(10) Shall,
when requested by the attorney general pursuant to the
provisions of Section 10 of Article IV, render an
advisory opinion of the justices, addressing issues as
provided by general law.
(c) CLERK AND
MARSHAL.--The supreme court shall appoint a clerk and
a marshal who shall hold office during the pleasure of
the court and perform such duties as the court
directs. Their compensation shall be fixed by general
law. The marshal shall have the power to execute the
process of the court throughout the state, and in any
county may deputize the sheriff or a deputy sheriff
for such purpose.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
C.S. for S.J.R.'s 49, 81, 1976; adopted 1976; Am.
S.J.R. 20-C, 1979; adopted 1980; Am. H.J.R. 71, 1986;
adopted 1986; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 4. District courts of appeal.--
(a)
ORGANIZATION.--There shall be a district court of
appeal serving each appellate district. Each district
court of appeal shall consist of at least three
judges. Three judges shall consider each case and the
concurrence of two shall be necessary to a decision.
(b)
JURISDICTION.--
(1) District
courts of appeal shall have jurisdiction to hear
appeals, that may be taken as a matter of right, from
final judgments or orders of trial courts, including
those entered on review of administrative action, not
directly appealable to the supreme court or a circuit
court. They may review interlocutory orders in such
cases to the extent provided by rules adopted by the
supreme court.
(2) District
courts of appeal shall have the power of direct review
of administrative action, as prescribed by general
law.
(3) A district
court of appeal or any judge thereof may issue writs
of habeas corpus returnable before the court or any
judge thereof or before any circuit judge within the
territorial jurisdiction of the court. A district
court of appeal may issue writs of mandamus,
certiorari, prohibition, quo warranto, and other writs
necessary to the complete exercise of its
jurisdiction. To the extent necessary to dispose of
all issues in a cause properly before it, a district
court of appeal may exercise any of the appellate
jurisdiction of the circuit courts.
(c) CLERKS AND
MARSHALS.--Each district court of appeal shall appoint
a clerk and a marshal who shall hold office during the
pleasure of the court and perform such duties as the
court directs. Their compensation shall be fixed by
general law. The marshal shall have the power to
execute the process of the court throughout the
territorial jurisdiction of the court, and in any
county may deputize the sheriff or a deputy sheriff
for such purpose.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 5. Circuit courts.--
(a)
ORGANIZATION.--There shall be a circuit court serving
each judicial circuit.
(b)
JURISDICTION.--The circuit courts shall have original
jurisdiction not vested in the county courts, and
jurisdiction of appeals when provided by general law.
They shall have the power to issue writs of mandamus,
quo warranto, certiorari, prohibition and habeas
corpus, and all writs necessary or proper to the
complete exercise of their jurisdiction. Jurisdiction
of the circuit court shall be uniform throughout the
state. They shall have the power of direct review of
administrative action prescribed by general law.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 6. County courts.--
(a)
ORGANIZATION.--There shall be a county court in each
county. There shall be one or more judges for each
county court as prescribed by general law.
(b)
JURISDICTION.--The county courts shall exercise the
jurisdiction prescribed by general law. Such
jurisdiction shall be uniform throughout the state.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 7. Specialized divisions.--
All courts except the supreme court may sit in
divisions as may be established by general law. A
circuit or county court may hold civil and criminal
trials and hearings in any place within the
territorial jurisdiction of the court as designated by
the chief judge of the circuit.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 8. Eligibility.--
No person shall be eligible for office of justice or
judge of any court unless the person is an elector of
the state and resides in the territorial jurisdiction
of the court. No justice or judge shall serve after
attaining the age of seventy years except upon
temporary assignment or to complete a term, one-half
of which has been served. No person is eligible for
the office of justice of the supreme court or judge of
a district court of appeal unless the person is, and
has been for the preceding ten years, a member of the
bar of Florida. No person is eligible for the office
of circuit judge unless the person is, and has been
for the preceding five years, a member of the bar of
Florida. Unless otherwise provided by general law, no
person is eligible for the office of county court
judge unless the person is, and has been for the
preceding five years, a member of the bar of Florida.
Unless otherwise provided by general law, a person
shall be eligible for election or appointment to the
office of county court judge in a county having a
population of 40,000 or less if the person is a member
in good standing of the bar of Florida.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
H.J.R. 37, 1984; adopted 1984 (effective July 1,
1985); Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 9. Determination of number of
judges.--
The supreme court shall establish by rule uniform
criteria for the determination of the need for
additional judges except supreme court justices, the
necessity for decreasing the number of judges and for
increasing, decreasing or redefining appellate
districts and judicial circuits. If the supreme court
finds that a need exists for increasing or decreasing
the number of judges or increasing, decreasing or
redefining appellate districts and judicial circuits,
it shall, prior to the next regular session of the
legislature, certify to the legislature its findings
and recommendations concerning such need. Upon receipt
of such certificate, the legislature, at the next
regular session, shall consider the findings and
recommendations and may reject the recommendations or
by law implement the recommendations in whole or in
part; provided the legislature may create more
judicial offices than are recommended by the supreme
court or may decrease the number of judicial offices
by a greater number than recommended by the court only
upon a finding of two-thirds of the membership of both
houses of the legislature, that such a need exists. A
decrease in the number of judges shall be effective
only after the expiration of a term. If the supreme
court fails to make findings as provided above when
need exists, the legislature may by concurrent
resolution request the court to certify its findings
and recommendations and upon the failure of the court
to certify its findings for nine consecutive months,
the legislature may, upon a finding of two-thirds of
the membership of both houses of the legislature that
a need exists, increase or decrease the number of
judges or increase, decrease or redefine appellate
districts and judicial circuits.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 10. Retention; election and terms.--
(a) Any justice
or judge may qualify for retention by a vote of the
electors in the general election next preceding the
expiration of the justice's or judge's term in the
manner prescribed by law. If a justice or judge is
ineligible or fails to qualify for retention, a
vacancy shall exist in that office upon the expiration
of the term being served by the justice or judge. When
a justice or judge so qualifies, the ballot shall read
substantially as follows: "Shall Justice (or
Judge)
(name of justice or
judge)
of the
be retained in
office?" If a majority of the qualified electors
voting within the territorial jurisdiction of the
court vote to retain, the justice or judge shall be
retained for a term of six years. The term of the
justice or judge retained shall commence on the first
Tuesday after the first Monday in January following
the general election. If a majority of the qualified
electors voting within the territorial jurisdiction of
the court vote to not retain, a vacancy shall exist in
that office upon the expiration of the term being
served by the justice or judge.
(b)(1) The
election of circuit judges shall be preserved
notwithstanding the provisions of subsection (a)
unless a majority of those voting in the jurisdiction
of that circuit approves a local option to select
circuit judges by merit selection and retention rather
than by election. The election of circuit judges shall
be by a vote of the qualified electors within the
territorial jurisdiction of the court.
(2) The
election of county court judges shall be preserved
notwithstanding the provisions of subsection (a)
unless a majority of those voting in the jurisdiction
of that county approves a local option to select
county judges by merit selection and retention rather
than by election. The election of county court judges
shall be by a vote of the qualified electors within
the territorial jurisdiction of the court.
(3)a. A vote to
exercise a local option to select circuit court judges
and county court judges by merit selection and
retention rather than by election shall be held in
each circuit and county at the general election in the
year 2000. If a vote to exercise this local option
fails in a vote of the electors, such option shall not
again be put to a vote of the electors of that
jurisdiction until the expiration of at least two
years.
b. After the
year 2000, a circuit may initiate the local option for
merit selection and retention or the election of
circuit judges, whichever is applicable, by filing
with the 1secretary of state a petition
signed by the number of electors equal to at least ten
percent of the votes cast in the circuit in the last
preceding election in which presidential electors were
chosen.
c. After the
year 2000, a county may initiate the local option for
merit selection and retention or the election of
county court judges, whichever is applicable, by
filing with the supervisor of elections a petition
signed by the number of electors equal to at least ten
percent of the votes cast in the county in the last
preceding election in which presidential electors were
chosen. The terms of circuit judges and judges of
county courts shall be for six years.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
C.S. for S.J.R.'s 49, 81, 1976; adopted 1976; Ams.
proposed by Constitution Revision Commission, Revision
Nos. 7 and 13, 1998, filed with the Secretary of State
May 5, 1998; adopted 1998.
1Note.--Section 24(b), Art. XII, State
Constitution, effective January 7, 2003, provides that
"[i]n the event the secretary of state is removed
as a cabinet office in the 1998 general election, the
term 'custodian of state records' shall be substituted
for the term 'secretary of state' throughout the
constitution and the duties previously performed by
the secretary of state shall be as provided by
law."
SECTION 11. Vacancies.--
(a) Whenever a
vacancy occurs in a judicial office to which election
for retention applies, the governor shall fill the
vacancy by appointing for a term ending on the first
Tuesday after the first Monday in January of the year
following the next general election occurring at least
one year after the date of appointment, one of not
fewer than three persons nor more than six persons
nominated by the appropriate judicial nominating
commission.
(b) The
governor shall fill each vacancy on a circuit court or
on a county court, wherein the judges are elected by a
majority vote of the electors, by appointing for a
term ending on the first Tuesday after the first
Monday in January of the year following the next
primary and general election occurring at least one
year after the date of appointment, one of not fewer
than three persons nor more than six persons nominated
by the appropriate judicial nominating commission. An
election shall be held to fill that judicial office
for the term of the office beginning at the end of the
appointed term.
(c) The
nominations shall be made within thirty days from the
occurrence of a vacancy unless the period is extended
by the governor for a time not to exceed thirty days.
The governor shall make the appointment within sixty
days after the nominations have been certified to the
governor.
(d) There shall
be a separate judicial nominating commission as
provided by general law for the supreme court, each
district court of appeal, and each judicial circuit
for all trial courts within the circuit. Uniform rules
of procedure shall be established by the judicial
nominating commissions at each level of the court
system. Such rules, or any part thereof, may be
repealed by general law enacted by a majority vote of
the membership of each house of the legislature, or by
the supreme court, five justices concurring. Except
for deliberations of the judicial nominating
commissions, the proceedings of the commissions and
their records shall be open to the public.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
C.S. for S.J.R.'s 49, 81, 1976; adopted 1976; Am.
H.J.R. 1160, 1984; adopted 1984; Am. C.S. for S.J.R.
978, 1996; adopted 1996; Ams. proposed by Constitution
Revision Commission, Revision Nos. 7 and 13, 1998,
filed with the Secretary of State May 5, 1998; adopted
1998.
SECTION 12. Discipline; removal and
retirement.--
(a) JUDICIAL
QUALIFICATIONS COMMISSION.--A judicial qualifications
commission is created.
(1) There shall
be a judicial qualifications commission vested with
jurisdiction to investigate and recommend to the
Supreme Court of Florida the removal from office of
any justice or judge whose conduct, during term of
office or otherwise occurring on or after November 1,
1966, (without regard to the effective date of this
section) demonstrates a present unfitness to hold
office, and to investigate and recommend the
discipline of a justice or judge whose conduct, during
term of office or otherwise occurring on or after
November 1, 1966 (without regard to the effective date
of this section), warrants such discipline. For
purposes of this section, discipline is defined as any
or all of the following: reprimand, fine, suspension
with or without pay, or lawyer discipline. The
commission shall have jurisdiction over justices and
judges regarding allegations that misconduct occurred
before or during service as a justice or judge if a
complaint is made no later than one year following
service as a justice or judge. The commission shall
have jurisdiction regarding allegations of incapacity
during service as a justice or judge. The commission
shall be composed of:
a. Two judges
of district courts of appeal selected by the judges of
those courts, two circuit judges selected by the
judges of the circuit courts and two judges of county
courts selected by the judges of those courts;
b. Four
electors who reside in the state, who are members of
the bar of Florida, and who shall be chosen by the
governing body of the bar of Florida; and
c. Five
electors who reside in the state, who have never held
judicial office or been members of the bar of Florida,
and who shall be appointed by the governor.
(2) The members
of the judicial qualifications commission shall serve
staggered terms, not to exceed six years, as
prescribed by general law. No member of the commission
except a judge shall be eligible for state judicial
office while acting as a member of the commission and
for a period of two years thereafter. No member of the
commission shall hold office in a political party or
participate in any campaign for judicial office or
hold public office; provided that a judge may campaign
for judicial office and hold that office. The
commission shall elect one of its members as its
chairperson.
(3) Members of
the judicial qualifications commission not subject to
impeachment shall be subject to removal from the
commission pursuant to the provisions of Article IV,
Section 7, Florida Constitution.
(4) The
commission shall adopt rules regulating its
proceedings, the filling of vacancies by the
appointing authorities, the disqualification of
members, the rotation of members between the panels,
and the temporary replacement of disqualified or
incapacitated members. The commission's rules, or any
part thereof, may be repealed by general law enacted
by a majority vote of the membership of each house of
the legislature, or by the supreme court, five
justices concurring. The commission shall have power
to issue subpoenas. Until formal charges against a
justice or judge are filed by the investigative panel
with the clerk of the supreme court of Florida all
proceedings by or before the commission shall be
confidential; provided, however, upon a finding of
probable cause and the filing by the investigative
panel with said clerk of such formal charges against a
justice or judge such charges and all further
proceedings before the commission shall be public.
(5) The
commission shall have access to all information from
all executive, legislative and judicial agencies,
including grand juries, subject to the rules of the
commission. At any time, on request of the speaker of
the house of representatives or the governor, the
commission shall make available all information in the
possession of the commission for use in consideration
of impeachment or suspension, respectively.
(b)
PANELS.--The commission shall be divided into an
investigative panel and a hearing panel as established
by rule of the commission. The investigative panel is
vested with the jurisdiction to receive or initiate
complaints, conduct investigations, dismiss
complaints, and upon a vote of a simple majority of
the panel submit formal charges to the hearing panel.
The hearing panel is vested with the authority to
receive and hear formal charges from the investigative
panel and upon a two-thirds vote of the panel
recommend to the supreme court the removal of a
justice or judge or the involuntary retirement of a
justice or judge for any permanent disability that
seriously interferes with the performance of judicial
duties. Upon a simple majority vote of the membership
of the hearing panel, the panel may recommend to the
supreme court that the justice or judge be subject to
appropriate discipline.
(c) SUPREME
COURT.--The supreme court shall receive
recommendations from the judicial qualifications
commission's hearing panel.
(1) The supreme
court may accept, reject, or modify in whole or in
part the findings, conclusions, and recommendations of
the commission and it may order that the justice or
judge be subjected to appropriate discipline, or be
removed from office with termination of compensation
for willful or persistent failure to perform judicial
duties or for other conduct unbecoming a member of the
judiciary demonstrating a present unfitness to hold
office, or be involuntarily retired for any permanent
disability that seriously interferes with the
performance of judicial duties. Malafides, scienter or
moral turpitude on the part of a justice or judge
shall not be required for removal from office of a
justice or judge whose conduct demonstrates a present
unfitness to hold office. After the filing of a formal
proceeding and upon request of the investigative
panel, the supreme court may suspend the justice or
judge from office, with or without compensation,
pending final determination of the inquiry.
(2) The supreme
court may award costs to the prevailing party.
(d) The power
of removal conferred by this section shall be both
alternative and cumulative to the power of
impeachment.
(e)
Notwithstanding any of the foregoing provisions of
this section, if the person who is the subject of
proceedings by the judicial qualifications commission
is a justice of the supreme court of Florida all
justices of such court automatically shall be
disqualified to sit as justices of such court with
respect to all proceedings therein concerning such
person and the supreme court for such purposes shall
be composed of a panel consisting of the seven chief
judges of the judicial circuits of the state of
Florida most senior in tenure of judicial office as
circuit judge. For purposes of determining seniority
of such circuit judges in the event there be judges of
equal tenure in judicial office as circuit judge the
judge or judges from the lower numbered circuit or
circuits shall be deemed senior. In the event any such
chief circuit judge is under investigation by the
judicial qualifications commission or is otherwise
disqualified or unable to serve on the panel, the next
most senior chief circuit judge or judges shall serve
in place of such disqualified or disabled chief
circuit judge.
(f) SCHEDULE TO
SECTION 12.--
(1) Except to
the extent inconsistent with the provisions of this
section, all provisions of law and rules of court in
force on the effective date of this article shall
continue in effect until superseded in the manner
authorized by the constitution.
(2) After this
section becomes effective and until adopted by rule of
the commission consistent with it:
a. The
commission shall be divided, as determined by the
chairperson, into one investigative panel and one
hearing panel to meet the responsibilities set forth
in this section.
b. The
investigative panel shall be composed of:
1. Four judges,
2. Two members
of the bar of Florida, and
3. Three
non-lawyers.
c. The hearing
panel shall be composed of:
1. Two judges,
2. Two members
of the bar of Florida, and
3. Two
non-lawyers.
d. Membership
on the panels may rotate in a manner determined by the
rules of the commission provided that no member shall
vote as a member of the investigative and hearing
panel on the same proceeding.
e. The
commission shall hire separate staff for each panel.
f. The members
of the commission shall serve for staggered terms of
six years.
g. The terms of
office of the present members of the judicial
qualifications commission shall expire upon the
effective date of the amendments to this section
approved by the legislature during the regular session
of the legislature in 1996 and new members shall be
appointed to serve the following staggered terms:
1. Group
I.--The terms of five members, composed of two
electors as set forth in s. 12(a)(1)c. of Article V,
one member of the bar of Florida as set forth in s.
12(a)(1)b. of Article V, one judge from the district
courts of appeal and one circuit judge as set forth in
s. 12(a)(1)a. of Article V, shall expire on December
31, 1998.
2. Group
II.--The terms of five members, composed of one
elector as set forth in s. 12(a)(1)c. of Article V,
two members of the bar of Florida as set forth in s.
12(a)(1)b. of Article V, one circuit judge and one
county judge as set forth in s. 12(a)(1)a. of Article
V shall expire on December 31, 2000.
3. Group
III.--The terms of five members, composed of two
electors as set forth in s. 12(a)(1)c. of Article V,
one member of the bar of Florida as set forth in s.
12(a)(1)b., one judge from the district courts of
appeal and one county judge as set forth in s.
12(a)(1)a. of Article V, shall expire on December 31,
2002.
h. An
appointment to fill a vacancy of the commission shall
be for the remainder of the term.
i. Selection of
members by district courts of appeal judges, circuit
judges, and county court judges, shall be by no less
than a majority of the members voting at the
respective courts' conferences. Selection of members
by the board of governors of the bar of Florida shall
be by no less than a majority of the board.
j. The
commission shall be entitled to recover the costs of
investigation and prosecution, in addition to any
penalty levied by the supreme court.
k. The
compensation of members and referees shall be the
travel expenses or transportation and per diem
allowance as provided by general law.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
H.J.R. 3911, 1974; adopted 1974; Am. H.J.R. 1709,
1975; adopted 1976; Am. C.S. for S.J.R. 978, 1996;
adopted 1996; Am. proposed by Constitution Revision
Commission, Revision No. 7, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 13. Prohibited activities.--
All justices and judges shall devote full time to
their judicial duties. They shall not engage in the
practice of law or hold office in any political party.
History.--S.J.R. 52-D, 1971; adopted 1972.
1
SECTION 14. Judicial salaries.--
All justices and judges shall be compensated only by
state salaries fixed by general law. The judiciary
shall have no power to fix appropriations.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
proposed by Constitution Revision Commission, Revision
No. 7, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
1Note.--
A. Section
25(a), Art. XII, State Constitution, provides that
"[c]ommencing with fiscal year 2000-2001, the
legislature shall appropriate funds to pay for the
salaries, costs, and expenses set forth in the
amendment to Section 14 of Article V pursuant to a
phase-in schedule established by general law."
B. Section
25(b), Art. XII, State Constitution, provides for the
amendment to s. 14, Art. V, State Constitution, by
Revision No. 7 (1998) to "be fully effectuated by
July 1, 2004." As amended by Revision No. 7
(1998), "fully effectuated by July 1, 2004,"
s. 14, Art. V, State Constitution, reads:
SECTION 14.
Funding.--
(a) All
justices and judges shall be compensated only by state
salaries fixed by general law. Funding for the state
courts system, state attorneys' offices, public
defenders' offices, and court-appointed counsel,
except as otherwise provided in subsection (c), shall
be provided from state revenues appropriated by
general law.
(b) All funding
for the offices of the clerks of the circuit and
county courts performing court-related functions,
except as otherwise provided in this subsection and
subsection (c), shall be provided by adequate and
appropriate filing fees for judicial proceedings and
service charges and costs for performing court-related
functions as required by general law. Selected
salaries, costs, and expenses of the state courts
system may be funded from appropriate filing fees for
judicial proceedings and service charges and costs for
performing court-related functions, as provided by
general law. Where the requirements of either the
United States Constitution or the Constitution of the
State of Florida preclude the imposition of filing
fees for judicial proceedings and service charges and
costs for performing court-related functions
sufficient to fund the court-related functions of the
offices of the clerks of the circuit and county
courts, the state shall provide, as determined by the
legislature, adequate and appropriate supplemental
funding from state revenues appropriated by general
law.
(c) No county
or municipality, except as provided in this
subsection, shall be required to provide any funding
for the state courts system, state attorneys' offices,
public defenders' offices, court-appointed counsel or
the offices of the clerks of the circuit and county
courts performing court-related functions. Counties
shall be required to fund the cost of communications
services, existing radio systems, existing
multi-agency criminal justice information systems, and
the cost of construction or lease, maintenance,
utilities, and security of facilities for the trial
courts, public defenders' offices, state attorneys'
offices, and the offices of the clerks of the circuit
and county courts performing court-related functions.
Counties shall also pay reasonable and necessary
salaries, costs, and expenses of the state courts
system to meet local requirements as determined by
general law.
(d) The
judiciary shall have no power to fix appropriations.
SECTION 15. Attorneys; admission and
discipline.--
The supreme court shall have exclusive jurisdiction to
regulate the admission of persons to the practice of
law and the discipline of persons admitted.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 16. Clerks of the circuit courts.--
There shall be in each county a clerk of the circuit
court who shall be selected pursuant to the provisions
of Article VIII section 1. Notwithstanding any other
provision of the constitution, the duties of the clerk
of the circuit court may be divided by special or
general law between two officers, one serving as clerk
of court and one serving as ex officio clerk of the
board of county commissioners, auditor, recorder, and
custodian of all county funds. There may be a clerk of
the county court if authorized by general or special
law.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 17. State attorneys.--
In each judicial circuit a state attorney shall be
elected for a term of four years. Except as otherwise
provided in this constitution, the state attorney
shall be the prosecuting officer of all trial courts
in that circuit and shall perform other duties
prescribed by general law; provided, however, when
authorized by general law, the violations of all
municipal ordinances may be prosecuted by municipal
prosecutors. A state attorney shall be an elector of
the state and reside in the territorial jurisdiction
of the circuit; shall be and have been a member of the
bar of Florida for the preceding five years; shall
devote full time to the duties of the office; and
shall not engage in the private practice of law. State
attorneys shall appoint such assistant state attorneys
as may be authorized by law.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
H.J.R. 386, 1985; adopted 1986; Am. proposed by
Constitution Revision Commission, Revision No. 13,
1998, filed with the Secretary of State May 5, 1998;
adopted 1998.
SECTION 18. Public defenders.--
In each judicial circuit a public defender shall be
elected for a term of four years, who shall perform
duties prescribed by general law. A public defender
shall be an elector of the state and reside in the
territorial jurisdiction of the circuit and shall be
and have been a member of the Bar of Florida for the
preceding five years. Public defenders shall appoint
such assistant public defenders as may be authorized
by law.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
proposed by Constitution Revision Commission, Revision
No. 13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
SECTION 19. Judicial officers as
conservators of the peace.--
All judicial officers in this state shall be
conservators of the peace.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 20. Schedule to Article V.--
(a) This
article shall replace all of Article V of the
Constitution of 1885, as amended, which shall then
stand repealed.
(b) Except to
the extent inconsistent with the provisions of this
article, all provisions of law and rules of court in
force on the effective date of this article shall
continue in effect until superseded in the manner
authorized by the constitution.
(c) After this
article becomes effective, and until changed by
general law consistent with sections 1 through 19 of
this article:
(1) The supreme
court shall have the jurisdiction immediately
theretofore exercised by it, and it shall determine
all proceedings pending before it on the effective
date of this article.
(2) The
appellate districts shall be those in existence on the
date of adoption of this article. There shall be a
district court of appeal in each district. The
district courts of appeal shall have the jurisdiction
immediately theretofore exercised by the district
courts of appeal and shall determine all proceedings
pending before them on the effective date of this
article.
(3) Circuit
courts shall have jurisdiction of appeals from county
courts and municipal courts, except those appeals
which may be taken directly to the supreme court; and
they shall have exclusive original jurisdiction in all
actions at law not cognizable by the county courts; of
proceedings relating to the settlement of the estate
of decedents and minors, the granting of letters
testamentary, guardianship, involuntary
hospitalization, the determination of incompetency,
and other jurisdiction usually pertaining to courts of
probate; in all cases in equity including all cases
relating to juveniles; of all felonies and of all
misdemeanors arising out of the same circumstances as
a felony which is also charged; in all cases involving
legality of any tax assessment or toll; in the action
of ejectment; and in all actions involving the titles
or boundaries or right of possession of real property.
The circuit court may issue injunctions. There shall
be judicial circuits which shall be the judicial
circuits in existence on the date of adoption of this
article. The chief judge of a circuit may authorize a
county court judge to order emergency hospitalizations
pursuant to Chapter 71-131, Laws of Florida, in the
absence from the county of the circuit judge and the
county court judge shall have the power to issue all
temporary orders and temporary injunctions necessary
or proper to the complete exercise of such
jurisdiction.
(4) County
courts shall have original jurisdiction in all
criminal misdemeanor cases not cognizable by the
circuit courts, of all violations of municipal and
county ordinances, and of all actions at law in which
the matter in controversy does not exceed the sum of
two thousand five hundred dollars ($2,500.00)
exclusive of interest and costs, except those within
the exclusive jurisdiction of the circuit courts.
Judges of county courts shall be committing
magistrates. The county courts shall have jurisdiction
now exercised by the county judge's courts other than
that vested in the circuit court by subsection (c)(3)
hereof, the jurisdiction now exercised by the county
courts, the claims court, the small claims courts, the
small claims magistrates courts, magistrates courts,
justice of the peace courts, municipal courts and
courts of chartered counties, including but not
limited to the counties referred to in Article VIII,
sections 9, 10, 11 and 24 of the Constitution of 1885.
(5) Each
judicial nominating commission shall be composed of
the following:
a. Three
members appointed by the Board of Governors of The
Florida Bar from among The Florida Bar members who are
actively engaged in the practice of law with offices
within the territorial jurisdiction of the affected
court, district or circuit;
b. Three
electors who reside in the territorial jurisdiction of
the court or circuit appointed by the governor; and
c. Three
electors who reside in the territorial jurisdiction of
the court or circuit and who are not members of the
bar of Florida, selected and appointed by a majority
vote of the other six members of the commission.
(6) No justice
or judge shall be a member of a judicial nominating
commission. A member of a judicial nominating
commission may hold public office other than judicial
office. No member shall be eligible for appointment to
state judicial office so long as that person is a
member of a judicial nominating commission and for a
period of two years thereafter. All acts of a judicial
nominating commission shall be made with a concurrence
of a majority of its members.
(7) The members
of a judicial nominating commission shall serve for a
term of four years except the terms of the initial
members of the judicial nominating commissions shall
expire as follows:
a. The terms of
one member of category a. b. and c. in subsection
(c)(5) hereof shall expire on July 1, 1974;
b. The terms of
one member of category a. b. and c. in subsection
(c)(5) hereof shall expire on July 1, 1975;
c. The terms of
one member of category a. b. and c. in subsection
(c)(5) hereof shall expire on July 1, 1976;
(8) All fines
and forfeitures arising from offenses tried in the
county court shall be collected, and accounted for by
clerk of the court, and deposited in a special trust
account. All fines and forfeitures received from
violations of ordinances or misdemeanors committed
within a county or municipal ordinances committed
within a municipality within the territorial
jurisdiction of the county court shall be paid monthly
to the county or municipality respectively. If any
costs are assessed and collected in connection with
offenses tried in county court, all court costs shall
be paid into the general revenue fund of the state of
Florida and such other funds as prescribed by general
law.
(9) Any
municipality or county may apply to the chief judge of
the circuit in which that municipality or county is
situated for the county court to sit in a location
suitable to the municipality or county and convenient
in time and place to its citizens and police officers
and upon such application said chief judge shall
direct the court to sit in the location unless the
chief judge shall determine the request is not
justified. If the chief judge does not authorize the
county court to sit in the location requested, the
county or municipality may apply to the supreme court
for an order directing the county court to sit in the
location. Any municipality or county which so applies
shall be required to provide the appropriate physical
facilities in which the county court may hold court.
(10) All courts
except the supreme court may sit in divisions as may
be established by local rule approved by the supreme
court.
(11) A county
court judge in any county having a population of
40,000 or less according to the last decennial census,
shall not be required to be a member of the bar of
Florida.
(12) Municipal
prosecutors may prosecute violations of municipal
ordinances.
(13) Justice
shall mean a justice elected or appointed to the
supreme court and shall not include any judge assigned
from any court.
(d) When this
article becomes effective:
(1) All courts
not herein authorized, except as provided by
subsection (d)(4) of this section shall cease to exist
and jurisdiction to conclude all pending cases and
enforce all prior orders and judgments shall vest in
the court that would have jurisdiction of the cause if
thereafter instituted. All records of and property
held by courts abolished hereby shall be transferred
to the proper office of the appropriate court under
this article.
(2) Judges of
the following courts, if their terms do not expire in
1973 and if they are eligible under subsection (d)(8)
hereof, shall become additional judges of the circuit
court for each of the counties of their respective
circuits, and shall serve as such circuit judges for
the remainder of the terms to which they were elected
and shall be eligible for election as circuit judges
thereafter. These courts are: civil court of record of
Dade county, all criminal courts of record, the felony
courts of record of Alachua, Leon and Volusia
Counties, the courts of record of Broward, Brevard,
Escambia, Hillsborough, Lee, Manatee and Sarasota
Counties, the civil and criminal court of record of
Pinellas County, and county judge's courts and
separate juvenile courts in counties having a
population in excess of 100,000 according to the 1970
federal census. On the effective date of this article,
there shall be an additional number of positions of
circuit judges equal to the number of existing circuit
judges and the number of judges of the above named
courts whose term expires in 1973. Elections to such
offices shall take place at the same time and manner
as elections to other state judicial offices in 1972
and the terms of such offices shall be for a term of
six years. Unless changed pursuant to section nine of
this article, the number of circuit judges presently
existing and created by this subsection shall not be
changed.
(3) In all
counties having a population of less than 100,000
according to the 1970 federal census and having more
than one county judge on the date of the adoption of
this article, there shall be the same number of judges
of the county court as there are county judges
existing on that date unless changed pursuant to
section 9 of this article.
(4) Municipal
courts shall continue with their same jurisdiction
until amended or terminated in a manner prescribed by
special or general law or ordinances, or until January
3, 1977, whichever occurs first. On that date all
municipal courts not previously abolished shall cease
to exist. Judges of municipal courts shall remain in
office and be subject to reappointment or reelection
in the manner prescribed by law until said courts are
terminated pursuant to the provisions of this
subsection. Upon municipal courts being terminated or
abolished in accordance with the provisions of this
subsection, the judges thereof who are not members of
the bar of Florida, shall be eligible to seek election
as judges of county courts of their respective
counties.
(5) Judges,
holding elective office in all other courts abolished
by this article, whose terms do not expire in 1973
including judges established pursuant to Article VIII,
sections 9 and 11 of the Constitution of 1885 shall
serve as judges of the county court for the remainder
of the term to which they were elected. Unless created
pursuant to section 9, of this Article V such judicial
office shall not continue to exist thereafter.
(6) By March
21, 1972, the supreme court shall certify the need for
additional circuit and county judges. The legislature
in the 1972 regular session may by general law create
additional offices of judge, the terms of which shall
begin on the effective date of this article. Elections
to such offices shall take place at the same time and
manner as election to other state judicial offices in
1972.
(7) County
judges of existing county judge's courts and justices
of the peace and magistrates' court who are not
members of bar of Florida shall be eligible to seek
election as county court judges of their respective
counties.
(8) No judge of
a court abolished by this article shall become or be
eligible to become a judge of the circuit court unless
the judge has been a member of bar of Florida for the
preceding five years.
(9) The office
of judges of all other courts abolished by this
article shall be abolished as of the effective date of
this article.
(10) The
offices of county solicitor and prosecuting attorney
shall stand abolished, and all county solicitors and
prosecuting attorneys holding such offices upon the
effective date of this article shall become and serve
as assistant state attorneys for the circuits in which
their counties are situate for the remainder of their
terms, with compensation not less than that received
immediately before the effective date of this article.
(e) LIMITED
OPERATION OF SOME PROVISIONS.--
(1) All
justices of the supreme court, judges of the district
courts of appeal and circuit judges in office upon the
effective date of this article shall retain their
offices for the remainder of their respective terms.
All members of the judicial qualifications commission
in office upon the effective date of this article
shall retain their offices for the remainder of their
respective terms. Each state attorney in office on the
effective date of this article shall retain the office
for the remainder of the term.
(2) No justice
or judge holding office immediately after this article
becomes effective who held judicial office on July 1,
1957, shall be subject to retirement from judicial
office because of age pursuant to section 8 of this
article.
(f) Until
otherwise provided by law, the nonjudicial duties
required of county judges shall be performed by the
judges of the county court.
1(g)
All provisions of Article V of the Constitution of
1885, as amended, not embraced herein which are not
inconsistent with this revision shall become statutes
subject to modification or repeal as are other
statutes.
(h) The
requirements of section 14 relative to all county
court judges or any judge of a municipal court who
continues to hold office pursuant to subsection (d)(4)
hereof being compensated by state salaries shall not
apply prior to January 3, 1977, unless otherwise
provided by general law.
(i) DELETION OF
OBSOLETE SCHEDULE ITEMS.--The legislature shall have
power, by concurrent resolution, to delete from this
article any subsection of this section 20 including
this subsection, when all events to which the
subsection to be deleted is or could become applicable
have occurred. A legislative determination of fact
made as a basis for application of this subsection
shall be subject to judicial review.
(j) EFFECTIVE
DATE.--Unless otherwise provided herein, this article
shall become effective at 11:59 o'clock P.M., Eastern
Standard Time, January 1, 1973.
History.--S.J.R. 52-D, 1971; adopted 1972; Am.
proposed by Constitution Revision Commission, Revision
No. 13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
1Note.--All provisions of Art. V of the
Constitution of 1885, as amended, considered as
statutory law, were repealed by ch. 73-303, Laws of
Florida.
ARTICLE
VI
SUFFRAGE AND
ELECTIONS
SECTION
1. Regulation of elections.
SECTION
2. Electors.
SECTION
3. Oath.
SECTION
4. Disqualifications.
SECTION
5. Primary, general, and special elections.
SECTION
6. Municipal and district elections.
SECTION
7. Campaign spending limits and funding of
campaigns for elective state-wide office.
SECTION 1. Regulation of elections.--
All elections by the people shall be by direct and
secret vote. General elections shall be determined by
a plurality of votes cast. Registration and elections
shall, and political party functions may, be regulated
by law; however, the requirements for a candidate with
no party affiliation or for a candidate of a minor
party for placement of the candidate's name on the
ballot shall be no greater than the requirements for a
candidate of the party having the largest number of
registered voters.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 11, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 2. Electors.--
Every citizen of the United States who is at least
eighteen years of age and who is a permanent resident
of the state, if registered as provided by law, shall
be an elector of the county where registered.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 11, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 3. Oath.--
Each eligible citizen upon registering shall subscribe
the following: "I do solemnly swear (or affirm)
that I will protect and defend the Constitution of the
United States and the Constitution of the State of
Florida, and that I am qualified to register as an
elector under the Constitution and laws of the State
of Florida."
SECTION 4. Disqualifications.--
(a) No person
convicted of a felony, or adjudicated in this or any
other state to be mentally incompetent, shall be
qualified to vote or hold office until restoration of
civil rights or removal of disability.
(b) No person
may appear on the ballot for re-election to any of the
following offices:
(1) Florida
representative,
(2) Florida
senator,
(3) Florida
Lieutenant governor,
(4) any office
of the Florida cabinet,
(5) U.S.
Representative from Florida, or
(6) U.S.
Senator from Florida
if, by
the end of the current term of office, the person will
have served (or, but for resignation, would have
served) in that office for eight consecutive years.
History.--Am. by Initiative Petition filed with
the Secretary of State July 23, 1992; adopted 1992.
SECTION 5. Primary, general, and special
elections.--
(a) A general
election shall be held in each county on the first
Tuesday after the first Monday in November of each
even-numbered year to choose a successor to each
elective state and county officer whose term will
expire before the next general election and, except as
provided herein, to fill each vacancy in elective
office for the unexpired portion of the term. A
general election may be suspended or delayed due to a
state of emergency or impending emergency pursuant to
general law. Special elections and referenda shall be
held as provided by law.
(b) If all
candidates for an office have the same party
affiliation and the winner will have no opposition in
the general election, all qualified electors,
regardless of party affiliation, may vote in the
primary elections for that office.
History.--Am. S.J.R. 162, 1992; adopted 1992;
Am. proposed by Constitution Revision Commission,
Revision No. 11, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 6. Municipal and district elections.--
Registration and elections in municipalities shall,
and in other governmental entities created by statute
may, be provided by law.
SECTION 7. Campaign spending limits and
funding of campaigns for elective state-wide office.--
It is the policy of this state to provide for
state-wide elections in which all qualified candidates
may compete effectively. A method of public financing
for campaigns for state-wide office shall be
established by law. Spending limits shall be
established for such campaigns for candidates who use
public funds in their campaigns. The legislature shall
provide funding for this provision. General law
implementing this paragraph shall be at least as
protective of effective competition by a candidate who
uses public funds as the general law in effect on
January 1, 1998.
History.--Proposed by Constitution Revision
Commission, Revision No. 11, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
ARTICLE
VII
FINANCE AND TAXATION
SECTION
1. Taxation; appropriations; state expenses;
state revenue limitation.
SECTION
2. Taxes; rate.
SECTION
3. Taxes; exemptions.
SECTION
4. Taxation; assessments.
SECTION
5. Estate, inheritance and income taxes.
SECTION
6. Homestead exemptions.
SECTION
7. Allocation of pari-mutuel taxes.
SECTION
8. Aid to local governments.
SECTION
9. Local taxes.
SECTION
10. Pledging credit.
SECTION
11. State bonds; revenue bonds.
SECTION
12. Local bonds.
SECTION
13. Relief from illegal taxes.
SECTION
14. Bonds for pollution control and
abatement and other water facilities.
SECTION
15. Revenue bonds for scholarship loans.
SECTION
16. Bonds for housing and related
facilities.
SECTION
17. Bonds for acquiring transportation
right-of-way or for constructing bridges.
SECTION
18. Laws requiring counties or
municipalities to spend funds or limiting their
ability to raise revenue or receive state tax revenue.
SECTION 1. Taxation; appropriations; state
expenses; state revenue limitation.--
(a) No tax
shall be levied except in pursuance of law. No state
ad valorem taxes shall be levied upon real estate or
tangible personal property. All other forms of
taxation shall be preempted to the state except as
provided by general law.
(b) Motor
vehicles, boats, airplanes, trailers, trailer coaches
and mobile homes, as defined by law, shall be subject
to a license tax for their operation in the amounts
and for the purposes prescribed by law, but shall not
be subject to ad valorem taxes.
(c) No money
shall be drawn from the treasury except in pursuance
of appropriation made by law.
(d) Provision
shall be made by law for raising sufficient revenue to
defray the expenses of the state for each fiscal
period.
(e) Except as
provided herein, state revenues collected for any
fiscal year shall be limited to state revenues allowed
under this subsection for the prior fiscal year plus
an adjustment for growth. As used in this subsection,
"growth" means an amount equal to the
average annual rate of growth in Florida personal
income over the most recent twenty quarters times the
state revenues allowed under this subsection for the
prior fiscal year. For the 1995-1996 fiscal year, the
state revenues allowed under this subsection for the
prior fiscal year shall equal the state revenues
collected for the 1994-1995 fiscal year. Florida
personal income shall be determined by the
legislature, from information available from the
United States Department of Commerce or its successor
on the first day of February prior to the beginning of
the fiscal year. State revenues collected for any
fiscal year in excess of this limitation shall be
transferred to the budget stabilization fund until the
fund reaches the maximum balance specified in Section
19(g) of Article III, and thereafter shall be refunded
to taxpayers as provided by general law. State
revenues allowed under this subsection for any fiscal
year may be increased by a two-thirds vote of the
membership of each house of the legislature in a
separate bill that contains no other subject and that
sets forth the dollar amount by which the state
revenues allowed will be increased. The vote may not
be taken less than seventy-two hours after the third
reading of the bill. For purposes of this subsection,
"state revenues" means taxes, fees,
licenses, and charges for services imposed by the
legislature on individuals, businesses, or agencies
outside state government. However, "state
revenues" does not include: revenues that are
necessary to meet the requirements set forth in
documents authorizing the issuance of bonds by the
state; revenues that are used to provide matching
funds for the federal Medicaid program with the
exception of the revenues used to support the Public
Medical Assistance Trust Fund or its successor program
and with the exception of state matching funds used to
fund elective expansions made after July 1, 1994;
proceeds from the state lottery returned as prizes;
receipts of the Florida Hurricane Catastrophe Fund;
balances carried forward from prior fiscal years;
taxes, licenses, fees, and charges for services
imposed by local, regional, or school district
governing bodies; or revenue from taxes, licenses,
fees, and charges for services required to be imposed
by any amendment or revision to this constitution
after July 1, 1994. An adjustment to the revenue
limitation shall be made by general law to reflect the
fiscal impact of transfers of responsibility for the
funding of governmental functions between the state
and other levels of government. The legislature shall,
by general law, prescribe procedures necessary to
administer this subsection.
History.--Am. H.J.R. 2053, 1994; adopted 1994.
SECTION 2. Taxes; rate.--
All ad valorem taxation shall be at a uniform rate
within each taxing unit, except the taxes on
intangible personal property may be at different rates
but shall never exceed two mills on the dollar of
assessed value; provided, as to any obligations
secured by mortgage, deed of trust, or other lien on
real estate wherever located, an intangible tax of not
more than two mills on the dollar may be levied by law
to be in lieu of all other intangible assessments on
such obligations.
SECTION 3. Taxes; exemptions.--
(a) All
property owned by a municipality and used exclusively
by it for municipal or public purposes shall be exempt
from taxation. A municipality, owning property outside
the municipality, may be required by general law to
make payment to the taxing unit in which the property
is located. Such portions of property as are used
predominantly for educational, literary, scientific,
religious or charitable purposes may be exempted by
general law from taxation.
(b) There shall
be exempt from taxation, cumulatively, to every head
of a family residing in this state, household goods
and personal effects to the value fixed by general
law, not less than one thousand dollars, and to every
widow or widower or person who is blind or totally and
permanently disabled, property to the value fixed by
general law not less than five hundred dollars.
(c) Any county
or municipality may, for the purpose of its respective
tax levy and subject to the provisions of this
subsection and general law, grant community and
economic development ad valorem tax exemptions to new
businesses and expansions of existing businesses, as
defined by general law. Such an exemption may be
granted only by ordinance of the county or
municipality, and only after the electors of the
county or municipality voting on such question in a
referendum authorize the county or municipality to
adopt such ordinances. An exemption so granted shall
apply to improvements to real property made by or for
the use of a new business and improvements to real
property related to the expansion of an existing
business and shall also apply to tangible personal
property of such new business and tangible personal
property related to the expansion of an existing
business. The amount or limits of the amount of such
exemption shall be specified by general law. The
period of time for which such exemption may be granted
to a new business or expansion of an existing business
shall be determined by general law. The authority to
grant such exemption shall expire ten years from the
date of approval by the electors of the county or
municipality, and may be renewable by referendum as
provided by general law.
1(d)
By general law and subject to conditions specified
therein, there may be granted an ad valorem tax
exemption to a renewable energy source device and to
real property on which such device is installed and
operated, to the value fixed by general law not to
exceed the original cost of the device, and for the
period of time fixed by general law not to exceed ten
years.
(e) Any county
or municipality may, for the purpose of its respective
tax levy and subject to the provisions of this
subsection and general law, grant historic
preservation ad valorem tax exemptions to owners of
historic properties. This exemption may be granted
only by ordinance of the county or municipality. The
amount or limits of the amount of this exemption and
the requirements for eligible properties must be
specified by general law. The period of time for which
this exemption may be granted to a property owner
shall be determined by general law.
History.--Am. S.J.R.'s 9-E, 15-E, 1980; adopted
1980; Am. C.S. for S.J.R.'s 318, 356, 1988; adopted
1988; Am. S.J.R. 152, 1992; adopted 1992; Am. H.J.R.
969, 1997; adopted 1998.
1Note.--This subsection, originally
designated (c) by S.J.R. 15-E, 1980, was redesignated
(d) by the editors in order to avoid confusion with
subsection (c) as contained in S.J.R. 9-E, 1980.
cf.--s. 19, Art. XII Schedule.
SECTION 4. Taxation; assessments.--
By general law regulations shall be prescribed which
shall secure a just valuation of all property for ad
valorem taxation, provided:
(a)
Agricultural land, land producing high water recharge
to Florida's aquifers or land used exclusively for
non-commercial recreational purposes may be classified
by general law and assessed solely on the basis of
character or use.
(b) Pursuant to
general law tangible personal property held for sale
as stock in trade and livestock may be valued for
taxation at a specified percentage of its value, may
be classified for tax purposes, or may be exempted
from taxation.
(c) All persons
entitled to a homestead exemption under Section 6 of
this Article shall have their homestead assessed at
just value as of January 1 of the year following the
effective date of this amendment. This assessment
shall change only as provided herein.
1. Assessments
subject to this provision shall be changed annually on
January 1st of each year; but those changes in
assessments shall not exceed the lower of the
following:
(A) three
percent (3%) of the assessment for the prior year.
(B) the percent
change in the Consumer Price Index for all urban
consumers, U.S. City Average, all items 1967=100, or
successor reports for the preceding calendar year as
initially reported by the United States Department of
Labor, Bureau of Labor Statistics.
2. No
assessment shall exceed just value.
3. After any
change of ownership, as provided by general law,
homestead property shall be assessed at just value as
of January 1 of the following year. Thereafter, the
homestead shall be assessed as provided herein.
4. New
homestead property shall be assessed at just value as
of January 1st of the year following the establishment
of the homestead. That assessment shall only change as
provided herein.
5. Changes,
additions, reductions or improvements to homestead
property shall be assessed as provided for by general
law; provided, however, after the adjustment for any
change, addition, reduction or improvement, the
property shall be assessed as provided herein.
6. In the event
of a termination of homestead status, the property
shall be assessed as provided by general law.
7. The
provisions of this amendment are severable. If any of
the provisions of this amendment shall be held
unconstitutional by any court of competent
jurisdiction, the decision of such court shall not
affect or impair any remaining provisions of this
amendment.
(d) The
legislature may, by general law, for assessment
purposes and subject to the provisions of this
subsection, allow counties and municipalities to
authorize by ordinance that historic property may be
assessed solely on the basis of character or use. Such
character or use assessment shall apply only to the
jurisdiction adopting the ordinance. The requirements
for eligible properties must be specified by general
law.
History.--Am. S.J.R. 12-E, 1980; adopted 1980;
Am. H.J.R. 214, 1987; adopted 1988; Am. by Initiative
Petition filed with the Secretary of State August 3,
1992; adopted 1992; Am. H.J.R. 969, 1997; adopted
1998; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 5. Estate, inheritance and income
taxes.--
(a) NATURAL
PERSONS. No tax upon estates or inheritances or
upon the income of natural persons who are residents
or citizens of the state shall be levied by the state,
or under its authority, in excess of the aggregate of
amounts which may be allowed to be credited upon or
deducted from any similar tax levied by the United
States or any state.
(b) OTHERS.
No tax upon the income of residents and citizens other
than natural persons shall be levied by the state, or
under its authority, in excess of 5% of net income, as
defined by law, or at such greater rate as is
authorized by a three-fifths (3/5) vote of the
membership of each house of the legislature or as will
provide for the state the maximum amount which may be
allowed to be credited against income taxes levied by
the United States and other states. There shall be
exempt from taxation not less than five thousand
dollars ($5,000) of the excess of net income subject
to tax over the maximum amount allowed to be credited
against income taxes levied by the United States and
other states.
(c) EFFECTIVE
DATE. This section shall become effective
immediately upon approval by the electors of Florida.
History.--Am. H.J.R. 7-B, 1971; adopted 1971.
SECTION 6. Homestead exemptions.--
(a) Every
person who has the legal or equitable title to real
estate and maintains thereon the permanent residence
of the owner, or another legally or naturally
dependent upon the owner, shall be exempt from
taxation thereon, except assessments for special
benefits, up to the assessed valuation of five
thousand dollars, upon establishment of right thereto
in the manner prescribed by law. The real estate may
be held by legal or equitable title, by the
entireties, jointly, in common, as a condominium, or
indirectly by stock ownership or membership
representing the owner's or member's proprietary
interest in a corporation owning a fee or a leasehold
initially in excess of ninety-eight years.
(b) Not more
than one exemption shall be allowed any individual or
family unit or with respect to any residential unit.
No exemption shall exceed the value of the real estate
assessable to the owner or, in case of ownership
through stock or membership in a corporation, the
value of the proportion which the interest in the
corporation bears to the assessed value of the
property.
(c) By general
law and subject to conditions specified therein, the
exemption shall be increased to a total of twenty-five
thousand dollars of the assessed value of the real
estate for each school district levy. By general law
and subject to conditions specified therein, the
exemption for all other levies may be increased up to
an amount not exceeding ten thousand dollars of the
assessed value of the real estate if the owner has
attained age sixty-five or is totally and permanently
disabled and if the owner is not entitled to the
exemption provided in subsection (d).
(d) By general
law and subject to conditions specified therein, the
exemption shall be increased to a total of the
following amounts of assessed value of real estate for
each levy other than those of school districts:
fifteen thousand dollars with respect to 1980
assessments; twenty thousand dollars with respect to
1981 assessments; twenty-five thousand dollars with
respect to assessments for 1982 and each year
thereafter. However, such increase shall not apply
with respect to any assessment roll until such roll is
first determined to be in compliance with the
provisions of section 4 by a state agency designated
by general law. This subsection shall stand repealed
on the effective date of any amendment to section 4
which provides for the assessment of homestead
property at a specified percentage of its just value.
(e) By general
law and subject to conditions specified therein, the
Legislature may provide to renters, who are permanent
residents, ad valorem tax relief on all ad valorem tax
levies. Such ad valorem tax relief shall be in the
form and amount established by general law.
(f) The
legislature may, by general law, allow counties or
municipalities, for the purpose of their respective
tax levies and subject to the provisions of general
law, to grant an additional homestead tax exemption
not exceeding twenty-five thousand dollars to any
person who has the legal or equitable title to real
estate and maintains thereon the permanent residence
of the owner and who has attained age sixty-five and
whose household income, as defined by general law,
does not exceed twenty thousand dollars. The general
law must allow counties and municipalities to grant
this additional exemption, within the limits
prescribed in this subsection, by ordinance adopted in
the manner prescribed by general law, and must provide
for the periodic adjustment of the income limitation
prescribed in this subsection for changes in the cost
of living.
History.--Am. S.J.R. 1-B, 1979; adopted 1980;
Am. S.J.R. 4-E, 1980; adopted 1980; Am. H.J.R. 3151,
1998; adopted 1998; Am. proposed by Constitution
Revision Commission, Revision No. 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
SECTION 7. Allocation of pari-mutuel taxes.--
Taxes upon the operation of pari-mutuel pools may be
preempted to the state or allocated in whole or in
part to the counties. When allocated to the counties,
the distribution shall be in equal amounts to the
several counties.
SECTION 8. Aid to local governments.--
State funds may be appropriated to the several
counties, school districts, municipalities or special
districts upon such conditions as may be provided by
general law. These conditions may include the use of
relative ad valorem assessment levels determined by a
state agency designated by general law.
History.--Am. S.J.R. 4-E, 1980; adopted 1980.
SECTION 9. Local taxes.--
(a) Counties,
school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad
valorem taxes and may be authorized by general law to
levy other taxes, for their respective purposes,
except ad valorem taxes on intangible personal
property and taxes prohibited by this constitution.
(b) Ad valorem
taxes, exclusive of taxes levied for the payment of
bonds and taxes levied for periods not longer than two
years when authorized by vote of the electors who are
the owners of freeholds therein not wholly exempt from
taxation, shall not be levied in excess of the
following millages upon the assessed value of real
estate and tangible personal property: for all county
purposes, ten mills; for all municipal purposes, ten
mills; for all school purposes, ten mills; for water
management purposes for the northwest portion of the
state lying west of the line between ranges two and
three east, 0.05 mill; for water management purposes
for the remaining portions of the state, 1.0 mill; and
for all other special districts a millage authorized
by law approved by vote of the electors who are owners
of freeholds therein not wholly exempt from taxation.
A county furnishing municipal services may, to the
extent authorized by law, levy additional taxes within
the limits fixed for municipal purposes.
History.--Am. S.J.R. 1061, 1975; adopted 1976.
SECTION 10. Pledging credit.--
Neither the state nor any county, school district,
municipality, special district, or agency of any of
them, shall become a joint owner with, or stockholder
of, or give, lend or use its taxing power or credit to
aid any corporation, association, partnership or
person; but this shall not prohibit laws authorizing:
(a) the
investment of public trust funds;
(b) the
investment of other public funds in obligations of, or
insured by, the United States or any of its
instrumentalities;
(c) the
issuance and sale by any county, municipality, special
district or other local governmental body of (1)
revenue bonds to finance or refinance the cost of
capital projects for airports or port facilities, or
(2) revenue bonds to finance or refinance the cost of
capital projects for industrial or manufacturing
plants to the extent that the interest thereon is
exempt from income taxes under the then existing laws
of the United States, when, in either case, the
revenue bonds are payable solely from revenue derived
from the sale, operation or leasing of the projects.
If any project so financed, or any part thereof, is
occupied or operated by any private corporation,
association, partnership or person pursuant to
contract or lease with the issuing body, the property
interest created by such contract or lease shall be
subject to taxation to the same extent as other
privately owned property.
(d) a
municipality, county, special district, or agency of
any of them, being a joint owner of, giving, or
lending or using its taxing power or credit for the
joint ownership, construction and operation of
electrical energy generating or transmission
facilities with any corporation, association,
partnership or person.
History.--Am. H.J.R. 1424, 1973; adopted 1974.
1
SECTION 11. State bonds; revenue bonds.--
(a) State bonds
pledging the full faith and credit of the state may be
issued only to finance or refinance the cost of state
fixed capital outlay projects authorized by law, and
purposes incidental thereto, upon approval by a vote
of the electors; provided state bonds issued pursuant
to this subsection may be refunded without a vote of
the electors at a lower net average interest cost
rate. The total outstanding principal of state bonds
issued pursuant to this subsection shall never exceed
fifty percent of the total tax revenues of the state
for the two preceding fiscal years, excluding any tax
revenues held in trust under the provisions of this
constitution.
(b) Moneys
sufficient to pay debt service on state bonds as the
same becomes due shall be appropriated by law.
(c) Any state
bonds pledging the full faith and credit of the state
issued under this section or any other section of this
constitution may be combined for the purposes of sale.
(d) Revenue
bonds may be issued by the state or its agencies
without a vote of the electors to finance or refinance
the cost of state fixed capital outlay projects
authorized by law, and purposes incidental thereto,
and shall be payable solely from funds derived
directly from sources other than state tax revenues.
(e) Bonds
pledging all or part of a dedicated state tax revenue
may be issued by the state in the manner provided by
general law to finance or refinance the acquisition
and improvement of land, water areas, and related
property interests and resources for the purposes of
conservation, outdoor recreation, water resource
development, restoration of natural systems, and
historic preservation.
(f) Each
project, building, or facility to be financed or
refinanced with revenue bonds issued under this
section shall first be approved by the Legislature by
an act relating to appropriations or by general law.
History.--Am. C.S. for C.S. for S.J.R. 612,
1984; adopted 1984; Am. proposed by Constitution
Revision Commission, Revision No. 5, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
SECTION 12. Local bonds.--
Counties, school districts, municipalities, special
districts and local governmental bodies with taxing
powers may issue bonds, certificates of indebtedness
or any form of tax anticipation certificates, payable
from ad valorem taxation and maturing more than twelve
months after issuance only:
(a) to finance
or refinance capital projects authorized by law and
only when approved by vote of the electors who are
owners of freeholds therein not wholly exempt from
taxation; or
(b) to refund
outstanding bonds and interest and redemption premium
thereon at a lower net average interest cost rate.
SECTION 13. Relief from illegal taxes.--
Until payment of all taxes which have been legally
assessed upon the property of the same owner, no court
shall grant relief from the payment of any tax that
may be illegal or illegally assessed.
SECTION 14. Bonds for pollution control and
abatement and other water facilities.--
(a) When
authorized by law, state bonds pledging the full faith
and credit of the state may be issued without an
election to finance the construction of air and water
pollution control and abatement and solid waste
disposal facilities and other water facilities
authorized by general law (herein referred to as
"facilities") to be operated by any
municipality, county, district or authority, or any
agency thereof (herein referred to as "local
governmental agencies"), or by any agency of the
State of Florida. Such bonds shall be secured by a
pledge of and shall be payable primarily from all or
any part of revenues to be derived from operation of
such facilities, special assessments, rentals to be
received under lease-purchase agreements herein
provided for, any other revenues that may be legally
available for such purpose, including revenues from
other facilities, or any combination thereof (herein
collectively referred to as "pledged
revenues"), and shall be additionally secured by
the full faith and credit of the State of Florida.
(b) No such
bonds shall be issued unless a state fiscal agency,
created by law, has made a determination that in no
state fiscal year will the debt service requirements
of the bonds proposed to be issued and all other bonds
secured by the pledged revenues exceed seventy-five
per cent of the pledged revenues.
(c) The state
may lease any of such facilities to any local
governmental agency, under lease-purchase agreements
for such periods and under such other terms and
conditions as may be mutually agreed upon. The local
governmental agencies may pledge the revenues derived
from such leased facilities or any other available
funds for the payment of rentals thereunder; and, in
addition, the full faith and credit and taxing power
of such local governmental agencies may be pledged for
the payment of such rentals without any election of
freeholder electors or qualified electors.
(d) The state
may also issue such bonds for the purpose of loaning
money to local governmental agencies, for the
construction of such facilities to be owned or
operated by any of such local governmental agencies.
Such loans shall bear interest at not more than
one-half of one per cent per annum greater than the
last preceding issue of state bonds pursuant to this
section, shall be secured by the pledged revenues, and
may be additionally secured by the full faith and
credit of the local governmental agencies.
(e) The total
outstanding principal of state bonds issued pursuant
to this section 14 shall never exceed fifty per cent
of the total tax revenues of the state for the two
preceding fiscal years.
History.--C.S. for H.J.R.'s 3853, 4040, 1970;
adopted 1970; Am. H.J.R. 1471, 1980; adopted 1980.
SECTION 15. Revenue bonds for scholarship
loans.--
(a) When
authorized by law, revenue bonds may be issued to
establish a fund to make loans to students determined
eligible as prescribed by law and who have been
admitted to attend any public or private institutions
of higher learning, junior colleges, health related
training institutions, or vocational training centers,
which are recognized or accredited under terms and
conditions prescribed by law. Revenue bonds issued
pursuant to this section shall be secured by a pledge
of and shall be payable primarily from payments of
interest, principal, and handling charges to such fund
from the recipients of the loans and, if authorized by
law, may be additionally secured by student fees and
by any other moneys in such fund. There shall be
established from the proceeds of each issue of revenue
bonds a reserve account in an amount equal to and
sufficient to pay the greatest amount of principal,
interest, and handling charges to become due on such
issue in any ensuing state fiscal year.
(b) Interest
moneys in the fund established pursuant to this
section, not required in any fiscal year for payment
of debt service on then outstanding revenue bonds or
for maintenance of the reserve account, may be used
for educational loans to students determined to be
eligible therefor in the manner provided by law, or
for such other related purposes as may be provided by
law.
History.--Added, H.J.R. 46-D, 1971; adopted
1972.
SECTION 16. Bonds for housing and related
facilities.--
(a) When
authorized by law, revenue bonds may be issued without
an election to finance or refinance housing and
related facilities in Florida, herein referred to as
"facilities."
(b) The bonds
shall be secured by a pledge of and shall be payable
primarily from all or any part of revenues to be
derived from the financing, operation or sale of such
facilities, mortgage or loan payments, and any other
revenues or assets that may be legally available for
such purposes derived from sources other than ad
valorem taxation, including revenues from other
facilities, or any combination thereof, herein
collectively referred to as "pledged
revenues," provided that in no event shall the
full faith and credit of the state be pledged to
secure such revenue bonds.
(c) No bonds
shall be issued unless a state fiscal agency, created
by law, has made a determination that in no state
fiscal year will the debt service requirements of the
bonds proposed to be issued and all other bonds
secured by the same pledged revenues exceed the
pledged revenues available for payment of such debt
service requirements, as defined by law.
History.--Added, S.J.R. 6-E, 1980; adopted
1980.
cf.--s. 18, Art. XII Schedule.
SECTION 17. Bonds for acquiring
transportation right-of-way or for constructing
bridges.--
(a) When
authorized by law, state bonds pledging the full faith
and credit of the state may be issued, without a vote
of the electors, to finance or refinance the cost of
acquiring real property or the rights to real property
for state roads as defined by law, or to finance or
refinance the cost of state bridge construction, and
purposes incidental to such property acquisition or
state bridge construction.
(b) Bonds
issued under this section shall be secured by a pledge
of and shall be payable primarily from motor fuel or
special fuel taxes, except those defined in Section
9(c) of Article XII, as provided by law, and shall
additionally be secured by the full faith and credit
of the state.
(c) No bonds
shall be issued under this section unless a state
fiscal agency, created by law, has made a
determination that in no state fiscal year will the
debt service requirements of the bonds proposed to be
issued and all other bonds secured by the same pledged
revenues exceed ninety percent of the pledged revenues
available for payment of such debt service
requirements, as defined by law. For the purposes of
this subsection, the term "pledged revenues"
means all revenues pledged to the payment of debt
service, excluding any pledge of the full faith and
credit of the state.
History.--Added, C.S. for C.S. for S.J.R. 391,
1988; adopted 1988.
SECTION 18. Laws requiring counties or
municipalities to spend funds or limiting their
ability to raise revenue or receive state tax revenue.--
(a) No county
or municipality shall be bound by any general law
requiring such county or municipality to spend funds
or to take an action requiring the expenditure of
funds unless the legislature has determined that such
law fulfills an important state interest and unless:
funds have been appropriated that have been estimated
at the time of enactment to be sufficient to fund such
expenditure; the legislature authorizes or has
authorized a county or municipality to enact a funding
source not available for such county or municipality
on February 1, 1989, that can be used to generate the
amount of funds estimated to be sufficient to fund
such expenditure by a simple majority vote of the
governing body of such county or municipality; the law
requiring such expenditure is approved by two-thirds
of the membership in each house of the legislature;
the expenditure is required to comply with a law that
applies to all persons similarly situated, including
the state and local governments; or the law is either
required to comply with a federal requirement or
required for eligibility for a federal entitlement,
which federal requirement specifically contemplates
actions by counties or municipalities for compliance.
(b) Except upon
approval of each house of the legislature by
two-thirds of the membership, the legislature may not
enact, amend, or repeal any general law if the
anticipated effect of doing so would be to reduce the
authority that municipalities or counties have to
raise revenues in the aggregate, as such authority
exists on February 1, 1989.
(c) Except upon
approval of each house of the legislature by
two-thirds of the membership, the legislature may not
enact, amend, or repeal any general law if the
anticipated effect of doing so would be to reduce the
percentage of a state tax shared with counties and
municipalities as an aggregate on February 1, 1989.
The provisions of this subsection shall not apply to
enhancements enacted after February 1, 1989, to state
tax sources, or during a fiscal emergency declared in
a written joint proclamation issued by the president
of the senate and the speaker of the house of
representatives, or where the legislature provides
additional state-shared revenues which are anticipated
to be sufficient to replace the anticipated aggregate
loss of state-shared revenues resulting from the
reduction of the percentage of the state tax shared
with counties and municipalities, which source of
replacement revenues shall be subject to the same
requirements for repeal or modification as provided
herein for a state-shared tax source existing on
February 1, 1989.
(d) Laws
adopted to require funding of pension benefits
existing on the effective date of this section,
criminal laws, election laws, the general
appropriations act, special appropriations acts, laws
reauthorizing but not expanding then-existing
statutory authority, laws having insignificant fiscal
impact, and laws creating, modifying, or repealing
noncriminal infractions, are exempt from the
requirements of this section.
(e) The
legislature may enact laws to assist in the
implementation and enforcement of this section.
History.--Added, C.S. for C.S. for C.S. for
C.S. for H.J.R.'s 139, 40, 1989; adopted 1990.
ARTICLE
VIII
LOCAL GOVERNMENT
SECTION
1. Counties.
SECTION
2. Municipalities.
SECTION
3. Consolidation.
SECTION
4. Transfer of powers.
SECTION
5. Local option.
SECTION
6. Schedule to Article VIII.
SECTION 1. Counties.--
(a) POLITICAL
SUBDIVISIONS. The state shall be divided by law
into political subdivisions called counties. Counties
may be created, abolished or changed by law, with
provision for payment or apportionment of the public
debt.
(b) COUNTY
FUNDS. The care, custody and method of
disbursing county funds shall be provided by general
law.
(c) GOVERNMENT.
Pursuant to general or special law, a county
government may be established by charter which shall
be adopted, amended or repealed only upon vote of the
electors of the county in a special election called
for that purpose.
(d) COUNTY
OFFICERS. There shall be elected by the electors
of each county, for terms of four years, a sheriff, a
tax collector, a property appraiser, a supervisor of
elections, and a clerk of the circuit court; except,
when provided by county charter or special law
approved by vote of the electors of the county, any
county officer may be chosen in another manner therein
specified, or any county office may be abolished when
all the duties of the office prescribed by general law
are transferred to another office. When not otherwise
provided by county charter or special law approved by
vote of the electors, the clerk of the circuit court
shall be ex officio clerk of the board of county
commissioners, auditor, recorder and custodian of all
county funds.
(e)
COMMISSIONERS. Except when otherwise provided by
county charter, the governing body of each county
shall be a board of county commissioners composed of
five or seven members serving staggered terms of four
years. After each decennial census the board of county
commissioners shall divide the county into districts
of contiguous territory as nearly equal in population
as practicable. One commissioner residing in each
district shall be elected as provided by law.
(f) NON-CHARTER
GOVERNMENT. Counties not operating under county
charters shall have such power of self-government as
is provided by general or special law. The board of
county commissioners of a county not operating under a
charter may enact, in a manner prescribed by general
law, county ordinances not inconsistent with general
or special law, but an ordinance in conflict with a
municipal ordinance shall not be effective within the
municipality to the extent of such conflict.
(g) CHARTER
GOVERNMENT. Counties operating under county
charters shall have all powers of local
self-government not inconsistent with general law, or
with special law approved by vote of the electors. The
governing body of a county operating under a charter
may enact county ordinances not inconsistent with
general law. The charter shall provide which shall
prevail in the event of conflict between county and
municipal ordinances.
(h) TAXES;
LIMITATION. Property situate within
municipalities shall not be subject to taxation for
services rendered by the county exclusively for the
benefit of the property or residents in unincorporated
areas.
1(i)
COUNTY ORDINANCES. Each county ordinance shall
be filed with the secretary of state and shall become
effective at such time thereafter as is provided by
general law.
(j) VIOLATION
OF ORDINANCES. Persons violating county
ordinances shall be prosecuted and punished as
provided by law.
(k) COUNTY
SEAT. In every county there shall be a county
seat at which shall be located the principal offices
and permanent records of all county officers. The
county seat may not be moved except as provided by
general law. Branch offices for the conduct of county
business may be established elsewhere in the county by
resolution of the governing body of the county in the
manner prescribed by law. No instrument shall be
deemed recorded until filed at the county seat, or a
branch office designated by the governing body of the
county for the recording of instruments, according to
law.
History.--Am. H.J.R. 1907, 1973; adopted 1974;
Am. H.J.R. 452, 1984; adopted 1984; Am. H.J.R. 125,
1998; adopted 1998; Am. proposed by Constitution
Revision Commission, Revision No. 8, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 1(i),
Art. VIII, State Constitution, by Revision No. 8
(1998) to take effect January 7, 2003. As amended by
Revision No. 8 (1998), effective January 7, 2003, s.
1(i), Art. VIII, State Constitution, will read:
(i) COUNTY
ORDINANCES. Each county ordinance shall be filed
with the custodian of state records and shall become
effective at such time thereafter as is provided by
general law.
SECTION 2. Municipalities.--
(a)
ESTABLISHMENT. Municipalities may be established
or abolished and their charters amended pursuant to
general or special law. When any municipality is
abolished, provision shall be made for the protection
of its creditors.
(b) POWERS.
Municipalities shall have governmental, corporate and
proprietary powers to enable them to conduct municipal
government, perform municipal functions and render
municipal services, and may exercise any power for
municipal purposes except as otherwise provided by
law. Each municipal legislative body shall be
elective.
(c) ANNEXATION.
Municipal annexation of unincorporated territory,
merger of municipalities, and exercise of
extra-territorial powers by municipalities shall be as
provided by general or special law.
SECTION 3. Consolidation.--
The government of a county and the government of one
or more municipalities located therein may be
consolidated into a single government which may
exercise any and all powers of the county and the
several municipalities. The consolidation plan may be
proposed only by special law, which shall become
effective if approved by vote of the electors of the
county, or of the county and municipalities affected,
as may be provided in the plan. Consolidation shall
not extend the territorial scope of taxation for the
payment of pre-existing debt except to areas whose
residents receive a benefit from the facility or
service for which the indebtedness was incurred.
SECTION 4. Transfer of powers.--
By law or by resolution of the governing bodies of
each of the governments affected, any function or
power of a county, municipality or special district
may be transferred to or contracted to be performed by
another county, municipality or special district,
after approval by vote of the electors of the
transferor and approval by vote of the electors of the
transferee, or as otherwise provided by law.
SECTION 5. Local option.--
(a) Local
option on the legality or prohibition of the sale of
intoxicating liquors, wines or beers shall be
preserved to each county. The status of a county with
respect thereto shall be changed only by vote of the
electors in a special election called upon the
petition of twenty-five per cent of the electors of
the county, and not sooner than two years after an
earlier election on the same question. Where legal,
the sale of intoxicating liquors, wines and beers
shall be regulated by law.
(b) Each county
shall have the authority to require a criminal history
records check and a 3 to 5-day waiting period,
excluding weekends and legal holidays, in connection
with the sale of any firearm occurring within such
county. For purposes of this subsection, the term
"sale" means the transfer of money or other
valuable consideration for any firearm when any part
of the transaction is conducted on property to which
the public has the right of access. Holders of a
concealed weapons permit as prescribed by general law
shall not be subject to the provisions of this
subsection when purchasing a firearm.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 12, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 6. Schedule to Article VIII.--
(a) This
article shall replace all of Article VIII of the
Constitution of 1885, as amended, except those
sections expressly retained and made a part of this
article by reference.
(b) COUNTIES;
COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The
status of the following items as they exist on the
date this article becomes effective is recognized and
shall be continued until changed in accordance with
law: the counties of the state; their status with
respect to the legality of the sale of intoxicating
liquors, wines and beers; the method of selection of
county officers; the performance of municipal
functions by county officers; the county seats; and
the municipalities and special districts of the state,
their powers, jurisdiction and government.
(c) OFFICERS TO
CONTINUE IN OFFICE. Every person holding office
when this article becomes effective shall continue in
office for the remainder of the term if that office is
not abolished. If the office is abolished the
incumbent shall be paid adequate compensation, to be
fixed by law, for the loss of emoluments for the
remainder of the term.
(d) ORDINANCES.
Local laws relating only to unincorporated areas of a
county on the effective date of this article may be
amended or repealed by county ordinance.
(e)
CONSOLIDATION AND HOME RULE. Article VIII,
Sections 19, 210, 311
and 424, of the Constitution of 1885, as
amended, shall remain in full force and effect as to
each county affected, as if this article had not been
adopted, until that county shall expressly adopt a
charter or home rule plan pursuant to this article.
All provisions of the Metropolitan Dade County Home
Rule Charter, heretofore or hereafter adopted by the
electors of Dade County pursuant to 3Article
VIII, Section 11, of the Constitution of 1885, as
amended, shall be valid, and any amendments to such
charter shall be valid; provided that the said
provisions of such charter and the said amendments
thereto are authorized under said 3Article
VIII, Section 11, of the Constitution of 1885, as
amended.
(f) DADE
COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To
the extent not inconsistent with the powers of
existing municipalities or general law, the
Metropolitan Government of Dade County may exercise
all the powers conferred now or hereafter by general
law upon municipalities.
(g) DELETION OF
OBSOLETE SCHEDULE ITEMS. The legislature shall
have power, by joint resolution, to delete from this
article any subsection of this Section 6, including
this subsection, when all events to which the
subsection to be deleted is or could become applicable
have occurred. A legislative determination of fact
made as a basis for application of this subsection
shall be subject to judicial review.
1Note.--Section 9 of Art. VIII of the
Constitution of 1885, as amended, reads as follows:
SECTION 9.
Legislative power over city of Jacksonville and Duval
County.--The Legislature shall have power to
establish, alter or abolish, a Municipal corporation
to be known as the City of Jacksonville, extending
territorially throughout the present limits of Duval
County, in the place of any or all county, district,
municipal and local governments, boards, bodies and
officers, constitutional or statutory, legislative,
executive, judicial, or administrative, and shall
prescribe the jurisdiction, powers, duties and
functions of such municipal corporation, its
legislative, executive, judicial and administrative
departments and its boards, bodies and officers; to
divide the territory included in such municipality
into subordinate districts, and to prescribe a just
and reasonable system of taxation for such
municipality and districts; and to fix the liability
of such municipality and districts. Bonded and other
indebtedness, existing at the time of the
establishment of such municipality, shall be
enforceable only against property theretofore taxable
therefor. The Legislature shall, from time to time,
determine what portion of said municipality is a rural
area, and a homestead in such rural area shall not be
limited as if in a city or town. Such municipality may
exercise all the powers of a municipal corporation and
shall also be recognized as one of the legal political
divisions of the State with the duties and obligations
of a county and shall be entitled to all the powers,
rights and privileges, including representation in the
State Legislature, which would accrue to it if it were
a county. All property of Duval County and of the
municipalities in said county shall vest in such
municipal corporation when established as herein
provided. The offices of Clerk of the Circuit Court
and Sheriff shall not be abolished but the Legislature
may prescribe the time when, and the method by which,
such offices shall be filled and the compensation to
be paid to such officers and may vest in them
additional powers and duties. No county office shall
be abolished or consolidated with another office
without making provision for the performance of all
State duties now or hereafter prescribed by law to be
performed by such county officer. Nothing contained
herein shall affect Section 20 of Article III of the
Constitution of the State of Florida, except as to
such provisions therein as relate to regulating the
jurisdiction and duties of any class of officers, to
summoning and impanelling grand and petit jurors, to
assessing and collecting taxes for county purposes and
to regulating the fees and compensation of county
officers. No law authorizing the establishing or
abolishing of such Municipal corporation pursuant to
this Section, shall become operative or effective
until approved by a majority of the qualified electors
participating in an election held in said County, but
so long as such Municipal corporation exists under
this Section the Legislature may amend or extend the
law authorizing the same without referendum to the
qualified voters unless the Legislative act providing
for such amendment or extension shall provide for such
referendum.
History.--Added, S.J.R. 113, 1933; adopted
1934.
2Note.--Section
10, Art. VIII of the Constitution of 1885, as amended,
reads as follows:
SECTION 10.
Legislative power over city of Key West and Monroe
county.--The Legislature shall have power to
establish, alter or abolish, a Municipal corporation
to be known as the City of Key West, extending
territorially throughout the present limits of Monroe
County, in the place of any or all county, district,
municipal and local governments, boards, bodies and
officers, constitutional or statutory, legislative,
executive, judicial, or administrative, and shall
prescribe the jurisdiction, powers, duties and
functions of such municipal corporation, its
legislative, executive, judicial and administrative
departments and its boards, bodies and officers; to
divide the territory included in such municipality
into subordinate districts, and to prescribe a just
and reasonable system of taxation for such
municipality and districts; and to fix the liability
of such municipality and districts. Bonded and other
indebtedness, existing at the time of the
establishment of such municipality, shall be
enforceable only against property theretofore taxable
therefor. The Legislature shall, from time to time,
determine what portion of said municipality is a rural
area, and a homestead in such rural area shall not be
limited as if in a city or town. Such municipality may
exercise all the powers of a municipal corporation and
shall also be recognized as one of the legal political
divisions of the State with the duties and obligations
of a county and shall be entitled to all the powers,
rights and privileges, including representation in the
State Legislature, which would accrue to it if it were
a county. All property of Monroe County and of the
municipality in said county shall vest in such
municipal corporation when established as herein
provided. The offices of Clerk of the Circuit Court
and Sheriff shall not be abolished but the Legislature
may prescribe the time when, and the method by which,
such offices shall be filled and the compensation to
be paid to such officers and may vest in them
additional powers and duties. No county office shall
be abolished or consolidated with another office
without making provision for the performance of all
State duties now or hereafter prescribed by law to be
performed by such county officer. Nothing contained
herein shall affect Section 20 of Article III of the
Constitution of the State of Florida, except as to
such provisions therein as relate to regulating the
jurisdiction and duties of any class of officers, to
summoning and impanelling grand and petit juries, to
assessing and collecting taxes for county purposes and
to regulating the fees and compensation of county
officers. No law authorizing the establishing or
abolishing of such Municipal corporation pursuant to
this Section shall become operative or effective until
approved by a majority of the qualified electors
participating in an election held in said County, but
so long as such Municipal corporation exists under
this Section the Legislature may amend or extend the
law authorizing the same without referendum to the
qualified voters unless the Legislative Act providing
for such amendment or extension shall provide for such
referendum.
History.--Added, S.J.R. 429, 1935; adopted
1936.
3Note.--Section
11 of Art. VIII of the Constitution of 1885, as
amended, reads as follows:
SECTION 11.
Dade County, home rule charter.--(1) The
electors of Dade County, Florida, are granted power to
adopt, revise, and amend from time to time a home rule
charter of government for Dade County, Florida, under
which the Board of County Commissioners of Dade County
shall be the governing body. This charter:
(a) Shall fix
the boundaries of each county commission district,
provide a method for changing them from time to time,
and fix the number, terms and compensation of the
commissioners, and their method of election.
(b) May grant
full power and authority to the Board of County
Commissioners of Dade County to pass ordinances
relating to the affairs, property and government of
Dade County and provide suitable penalties for the
violation thereof; to levy and collect such taxes as
may be authorized by general law and no other taxes,
and to do everything necessary to carry on a central
metropolitan government in Dade County.
(c) May change
the boundaries of, merge, consolidate, and abolish and
may provide a method for changing the boundaries of,
merging, consolidating and abolishing from time to
time all municipal corporations, county or district
governments, special taxing districts, authorities,
boards, or other governmental units whose jurisdiction
lies wholly within Dade County, whether such
governmental units are created by the Constitution or
the Legislature or otherwise, except the Dade County
Board of County Commissioners as it may be provided
for from time to time by this home rule charter and
the Board of Public Instruction of Dade County.
(d) May provide
a method by which any and all of the functions or
powers of any municipal corporation or other
governmental unit in Dade County may be transferred to
the Board of County Commissioners of Dade County.
(e) May provide
a method for establishing new municipal corporations,
special taxing districts, and other governmental units
in Dade County from time to time and provide for their
government and prescribe their jurisdiction and
powers.
(f) May abolish
and may provide a method for abolishing from time to
time all offices provided for by Article VIII, Section
6, of the Constitution or by the Legislature, except
the Superintendent of Public Instruction and may
provide for the consolidation and transfer of the
functions of such offices, provided, however, that
there shall be no power to abolish or impair the
jurisdiction of the Circuit Court or to abolish any
other court provided for by this Constitution or by
general law, or the judges or clerks thereof although
such charter may create new courts and judges and
clerks thereof with jurisdiction to try all offenses
against ordinances passed by the Board of County
Commissioners of Dade County and none of the other
courts provided for by this Constitution or by general
law shall have original jurisdiction to try such
offenses, although the charter may confer appellate
jurisdiction on such courts, and provided further that
if said home rule charter shall abolish any county
office or offices as authorized herein, that said
charter shall contain adequate provision for the
carrying on of all functions of said office or offices
as are now or may hereafter be prescribed by general
law.
(g) Shall
provide a method by which each municipal corporation
in Dade County shall have the power to make, amend or
repeal its own charter. Upon adoption of this home
rule charter by the electors this method shall be
exclusive and the Legislature shall have no power to
amend or repeal the charter of any municipal
corporation in Dade County.
(h) May change
the name of Dade County.
(i) Shall
provide a method for the recall of any commissioner
and a method for initiative and referendum, including
the initiation of and referendum on ordinances and the
amendment or revision of the home rule charter,
provided, however, that the power of the Governor and
Senate relating to the suspension and removal of
officers provided for in this Constitution shall not
be impaired, but shall extend to all officers provided
for in said home rule charter.
(2) Provision
shall be made for the protection of the creditors of
any governmental unit which is merged, consolidated,
or abolished or whose boundaries are changed or
functions or powers transferred.
(3) This home
rule charter shall be prepared by a Metropolitan
Charter Board created by the Legislature and shall be
presented to the electors of Dade County for
ratification or rejection in the manner provided by
the Legislature. Until a home rule charter is adopted
the Legislature may from time to time create
additional Charter Boards to prepare charters to be
presented to the electors of Dade County for
ratification or rejection in the manner provided by
the Legislature. Such Charter, once adopted by the
electors, may be amended only by the electors of Dade
County and this charter shall provide a method for
submitting future charter revisions and amendments to
the electors of Dade County.
(4) The County
Commission shall continue to receive its pro rata
share of all revenues payable by the state from
whatever source to the several counties and the state
of Florida shall pay to the Commission all revenues
which would have been paid to any municipality in Dade
County which may be abolished by or in the method
provided by this home rule charter; provided, however,
the Commission shall reimburse the comptroller of
Florida for the expense incurred if any, in the
keeping of separate records to determine the amounts
of money which would have been payable to any such
municipality.
(5) Nothing in
this section shall limit or restrict the power of the
Legislature to enact general laws which shall relate
to Dade County and any other one or more counties in
the state of Florida or to any municipality in Dade
County and any other one or more municipalities of the
State of Florida, and the home rule charter provided
for herein shall not conflict with any provision of
this Constitution nor of any applicable general laws
now applying to Dade County and any other one or more
counties of the State of Florida except as expressly
authorized in this section nor shall any ordinance
enacted in pursuance to said home rule charter
conflict with this Constitution or any such applicable
general law except as expressly authorized herein, nor
shall the charter of any municipality in Dade County
conflict with this Constitution or any such applicable
general law except as expressly authorized herein,
provided however that said charter and said ordinances
enacted in pursuance thereof may conflict with, modify
or nullify any existing local, special or general law
applicable only to Dade County.
(6) Nothing in
this section shall be construed to limit or restrict
the power of the Legislature to enact general laws
which shall relate to Dade County and any other one or
more counties of the state of Florida or to any
municipality in Dade County and any other one or more
municipalities of the State of Florida relating to
county or municipal affairs and all such general laws
shall apply to Dade County and to all municipalities
therein to the same extent as if this section had not
been adopted and such general laws shall supersede any
part or portion of the home rule charter provided for
herein in conflict therewith and shall supersede any
provision of any ordinance enacted pursuant to said
charter and in conflict therewith, and shall supersede
any provision of any charter of any municipality in
Dade County in conflict therewith.
(7) Nothing in
this section shall be construed to limit or restrict
the power and jurisdiction of the Railroad and Public
Utilities Commission or of any other state agency,
bureau or commission now or hereafter provided for in
this Constitution or by general law and said state
agencies, bureaus and commissions shall have the same
powers in Dade County as shall be conferred upon them
in regard to other counties.
(8) If any
section, subsection, sentence, clause or provisions of
this section is held invalid as violative of the
provisions of Section 1 Article XVII of this
Constitution the remainder of this section shall not
be affected by such invalidity.
(9) It is
declared to be the intent of the Legislature and of
the electors of the State of Florida to provide by
this section home rule for the people of Dade County
in local affairs and this section shall be liberally
construed to carry out such purpose, and it is further
declared to be the intent of the Legislature and of
the electors of the State of Florida that the
provisions of this Constitution and general laws which
shall relate to Dade County and any other one or more
counties of the State of Florida or to any
municipality in Dade County and any other one or more
municipalities of the State of Florida enacted
pursuant thereto by the Legislature shall be the
supreme law in Dade County, Florida, except as
expressly provided herein and this section shall be
strictly construed to maintain such supremacy of this
Constitution and of the Legislature in the enactment
of general laws pursuant to this Constitution.
History.--Added, H.J.R. 858, 1941; adopted
1942; Am. S.J.R. 1046, 1955; adopted 1956.
4Note.--Section
24 of Art. VIII of the Constitution of 1885, as
amended, reads as follows:
SECTION 24.
Hillsborough County, home rule charter.--
(1) The
electors of Hillsborough county are hereby granted the
power to adopt a charter for a government which shall
exercise any and all powers for county and municipal
purposes which this constitution or the legislature,
by general, special or local law, has conferred upon
Hillsborough county or any municipality therein. Such
government shall exercise these powers by the
enactment of ordinances which relate to government of
Hillsborough county and provide suitable penalties for
the violation thereof. Such government shall have no
power to create or abolish any municipality, except as
otherwise provided herein.
(2) The method
and manner by which the electors of Hillsborough
county shall exercise this power shall be set forth in
a charter for the government of Hillsborough county
which charter shall be presented to said electors by
any charter commission established by the legislature.
The legislature may provide for the continuing
existence of any charter commission or may establish a
charter commission or commissions subsequent to any
initial commission without regard to any election or
elections held upon any charter or charters
theretofore presented. A charter shall become
effective only upon ratification by a majority of the
electors of Hillsborough county voting in a general or
special election as provided by law.
(3) The number,
qualifications, terms of office and method of filling
vacancies in the membership of any charter commission
established pursuant to this section and the powers,
functions and duties of any such commission shall be
provided by law.
(4) A charter
prepared by any commission established pursuant to
this section shall provide that:
(a) The
governments of the city of Tampa and the county of
Hillsborough shall be consolidated, and the structure
of the new local government shall include:
1. An executive
branch, the chief officer of which shall be
responsible for the administration of government.
2. An elected
legislative branch, the election to membership, powers
and duties of which shall be as provided by the
charter.
3. A judicial
branch, which shall only have jurisdiction in the
enforcement of ordinances enacted by the legislative
branch created by this section.
(b) Should the
electors of the municipalities of Plant City or Temple
Terrace wish to consolidate their governments with the
government hereinabove created, they may do so by
majority vote of the electors of said municipality
voting in an election upon said issue.
(c) The
creditors of any governmental unit consolidated or
abolished under this section shall be protected.
Bonded or other indebtedness existing at the effective
date of any government established hereunder shall be
enforceable only against the real and personal
property theretofore taxable for such purposes.
(d) Such other
provisions as might be required by law.
(5) The
provisions of such charter and ordinances enacted
pursuant thereto shall not conflict with any provision
of this constitution nor with general, special or
local laws now or hereafter applying to Hillsborough
county.
(6) The
government established hereunder shall be recognized
as a county, that is one of the legal political
subdivisions of the state with the powers, rights,
privileges, duties and obligations of a county, and
may also exercise all the powers of a municipality.
Said government shall have the right to sue and be
sued.
(7) Any
government established hereunder shall be entitled to
receive from the state of Florida or from the United
States or from any other agency, public or private,
funds and revenues to which a county is, or may
hereafter be entitled, and also all funds and revenues
to which an incorporated municipality is or may
hereafter be entitled, and to receive the same without
diminution or loss by reason of any such government as
may be established. Nothing herein contained shall
preclude such government as may be established
hereunder from receiving all funds and revenues from
whatever source now received, or hereinafter received
provided by law.
(8) The board
of county commissioners of Hillsborough county shall
be abolished when the functions, duties, powers and
responsibilities of said board shall be transferred in
the manner to be provided by the charter to the
government established pursuant to this section. No
other office provided for by this constitution shall
be abolished by or pursuant to this section.
(9) This
section shall not restrict or limit the legislature in
the enactment of general, special or local laws as
otherwise provided in this constitution.
History.--Added, C.S. for H.J.R. 1987, 1965;
adopted 1966.
ARTICLE
IX
EDUCATION
SECTION
1. Public education.
SECTION
2. State board of education.
SECTION
3. Terms of appointive board members.
SECTION
4. School districts; school boards.
SECTION
5. Superintendent of schools.
SECTION
6. State school fund.
SECTION 1. Public education.--
The education of children is a fundamental value of
the people of the State of Florida. It is, therefore,
a paramount duty of the state to make adequate
provision for the education of all children residing
within its borders. Adequate provision shall be made
by law for a uniform, efficient, safe, secure, and
high quality system of free public schools that allows
students to obtain a high quality education and for
the establishment, maintenance, and operation of
institutions of higher learning and other public
education programs that the needs of the people may
require.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 6, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1
SECTION 2. State board of education.--
The governor and the members of the cabinet shall
constitute a state board of education, which shall be
a body corporate and have such supervision of the
system of public education as is provided by law.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 8, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 2, Art.
IX, State Constitution, by Revision No. 8 (1998) to
take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 2, Art.
IX, State Constitution, will read:
SECTION 2.
State board of education.--The state board of
education shall be a body corporate and have such
supervision of the system of free public education as
is provided by law. The state board of education shall
consist of seven members appointed by the governor to
staggered 4-year terms, subject to confirmation by the
senate. The state board of education shall appoint the
commissioner of education.
SECTION 3. Terms of appointive board
members.--
Members of any appointive board dealing with education
may serve terms in excess of four years as provided by
law.
SECTION 4. School districts; school boards.--
(a) Each county
shall constitute a school district; provided, two or
more contiguous counties, upon vote of the electors of
each county pursuant to law, may be combined into one
school district. In each school district there shall
be a school board composed of five or more members
chosen by vote of the electors in a nonpartisan
election for appropriately staggered terms of four
years, as provided by law.
(b) The school
board shall operate, control and supervise all free
public schools within the school district and
determine the rate of school district taxes within the
limits prescribed herein. Two or more school districts
may operate and finance joint educational programs.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 11, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 5. Superintendent of schools.--
In each school district there shall be a
superintendent of schools who shall be elected at the
general election in each year the number of which is a
multiple of four for a term of four years; or, when
provided by resolution of the district school board,
or by special law, approved by vote of the electors,
the district school superintendent in any school
district shall be employed by the district school
board as provided by general law. The resolution or
special law may be rescinded or repealed by either
procedure after four years.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 6. State school fund.--
The income derived from the state school fund shall,
and the principal of the fund may, be appropriated,
but only to the support and maintenance of free public
schools.
ARTICLE
X
MISCELLANEOUS
SECTION
1. Amendments to United States Constitution.
SECTION
2. Militia.
SECTION
3. Vacancy in office.
SECTION
4. Homestead; exemptions.
SECTION
5. Coverture and property.
SECTION
6. Eminent domain.
SECTION
7. Lotteries.
SECTION
8. Census.
SECTION
9. Repeal of criminal statutes.
SECTION
10. Felony; definition.
SECTION
11. Sovereignty lands.
SECTION
12. Rules of construction.
SECTION
13. Suits against the state.
SECTION
14. State retirement systems benefit
changes.
SECTION
15. State operated lotteries.
SECTION
16. Limiting Marine Net Fishing.
SECTION
17. Everglades Trust Fund.
SECTION
18. Disposition of conservation lands.
SECTION 1. Amendments to United States
Constitution.--
The legislature shall not take action on any proposed
amendment to the constitution of the United States
unless a majority of the members thereof have been
elected after the proposed amendment has been
submitted for ratification.
SECTION 2. Militia.--
(a) The militia
shall be composed of all ablebodied inhabitants of the
state who are or have declared their intention to
become citizens of the United States; and no person
because of religious creed or opinion shall be
exempted from military duty except upon conditions
provided by law.
(b) The
organizing, equipping, housing, maintaining, and
disciplining of the militia, and the safekeeping of
public arms may be provided for by law.
(c) The
governor shall appoint all commissioned officers of
the militia, including an adjutant general who shall
be chief of staff. The appointment of all general
officers shall be subject to confirmation by the
senate.
(d) The
qualifications of personnel and officers of the
federally recognized national guard, including the
adjutant general, and the grounds and proceedings for
their discipline and removal shall conform to the
appropriate United States army or air force
regulations and usages.
SECTION 3. Vacancy in office.--
Vacancy in office shall occur upon the creation of an
office, upon the death, removal from office, or
resignation of the incumbent or the incumbent's
succession to another office, unexplained absence for
sixty consecutive days, or failure to maintain the
residence required when elected or appointed, and upon
failure of one elected or appointed to office to
qualify within thirty days from the commencement of
the term.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 4. Homestead; exemptions.--
(a) There shall
be exempt from forced sale under process of any court,
and no judgment, decree or execution shall be a lien
thereon, except for the payment of taxes and
assessments thereon, obligations contracted for the
purchase, improvement or repair thereof, or
obligations contracted for house, field or other labor
performed on the realty, the following property owned
by a natural person:
(1) a
homestead, if located outside a municipality, to the
extent of one hundred sixty acres of contiguous land
and improvements thereon, which shall not be reduced
without the owner's consent by reason of subsequent
inclusion in a municipality; or if located within a
municipality, to the extent of one-half acre of
contiguous land, upon which the exemption shall be
limited to the residence of the owner or the owner's
family;
(2) personal
property to the value of one thousand dollars.
(b) These
exemptions shall inure to the surviving spouse or
heirs of the owner.
(c) The
homestead shall not be subject to devise if the owner
is survived by spouse or minor child, except the
homestead may be devised to the owner's spouse if
there be no minor child. The owner of homestead real
estate, joined by the spouse if married, may alienate
the homestead by mortgage, sale or gift and, if
married, may by deed transfer the title to an estate
by the entirety with the spouse. If the owner or
spouse is incompetent, the method of alienation or
encumbrance shall be as provided by law.
History.--Am. H.J.R. 4324, 1972; adopted 1972;
Am. H.J.R. 40, 1983; adopted 1984; Am. proposed by
Constitution Revision Commission, Revision No. 13,
1998, filed with the Secretary of State May 5, 1998;
adopted 1998.
SECTION 5. Coverture and property.--
There shall be no distinction between married women
and married men in the holding, control, disposition,
or encumbering of their property, both real and
personal; except that dower or curtesy may be
established and regulated by law.
SECTION 6. Eminent domain.--
(a) No private
property shall be taken except for a public purpose
and with full compensation therefor paid to each owner
or secured by deposit in the registry of the court and
available to the owner.
(b) Provision
may be made by law for the taking of easements, by
like proceedings, for the drainage of the land of one
person over or through the land of another.
SECTION 7. Lotteries.--
Lotteries, other than the types of pari-mutuel pools
authorized by law as of the effective date of this
constitution, are hereby prohibited in this state.
SECTION 8. Census.--
(a) Each
decennial census of the state taken by the United
States shall be an official census of the state.
(b) Each
decennial census, for the purpose of classifications
based upon population, shall become effective on the
thirtieth day after the final adjournment of the
regular session of the legislature convened next after
certification of the census.
SECTION 9. Repeal of criminal statutes.--
Repeal or amendment of a criminal statute shall not
affect prosecution or punishment for any crime
previously committed.
SECTION 10. Felony; definition.--
The term "felony" as used herein and in the
laws of this state shall mean any criminal offense
that is punishable under the laws of this state, or
that would be punishable if committed in this state,
by death or by imprisonment in the state penitentiary.
SECTION 11. Sovereignty lands.--
The title to lands under navigable waters, within the
boundaries of the state, which have not been
alienated, including beaches below mean high water
lines, is held by the state, by virtue of its
sovereignty, in trust for all the people. Sale of such
lands may be authorized by law, but only when in the
public interest. Private use of portions of such lands
may be authorized by law, but only when not contrary
to the public interest.
History.--Am. H.J.R. 792, 1970; adopted 1970.
SECTION 12. Rules of construction.--
Unless qualified in the text the following rules of
construction shall apply to this constitution.
(a)
"Herein" refers to the entire constitution.
(b) The
singular includes the plural.
(c) The
masculine includes the feminine.
(d) "Vote
of the electors" means the vote of the majority
of those voting on the matter in an election, general
or special, in which those participating are limited
to the electors of the governmental unit referred to
in the text.
(e) Vote or
other action of a legislative house or other
governmental body means the vote or action of a
majority or other specified percentage of those
members voting on the matter. "Of the
membership" means "of all members
thereof."
(f) The terms
"judicial office," "justices" and
"judges" shall not include judges of courts
established solely for the trial of violations of
ordinances.
(g)
"Special law" means a special or local law.
(h) Titles and
subtitles shall not be used in construction.
SECTION 13. Suits against the state.--
Provision may be made by general law for bringing suit
against the state as to all liabilities now existing
or hereafter originating.
SECTION 14. State retirement systems benefit
changes.--
A governmental unit responsible for any retirement or
pension system supported in whole or in part by public
funds shall not after January 1, 1977, provide any
increase in the benefits to the members or
beneficiaries of such system unless such unit has made
or concurrently makes provision for the funding of the
increase in benefits on a sound actuarial basis.
History.--Added, H.J.R. 291, 1975; adopted
1976.
SECTION 15. State operated lotteries.--
(a) Lotteries
may be operated by the state.
(b) If any
subsection or subsections of the amendment to the
Florida Constitution are held unconstitutional for
containing more than one subject, this amendment shall
be limited to subsection (a) above.
(c) This
amendment shall be implemented as follows:
(1)
Schedule--On the effective date of this amendment, the
lotteries shall be known as the Florida Education
Lotteries. Net proceeds derived from the lotteries
shall be deposited to a state trust fund, to be
designated The State Education Lotteries Trust Fund,
to be appropriated by the Legislature. The schedule
may be amended by general law.
History.--Proposed by Initiative Petition filed
with the Secretary of State June 10, 1985; adopted
1986.
SECTION 16. Limiting Marine Net Fishing.--
(a) The marine
resources of the State of Florida belong to all of the
people of the state and should be conserved and
managed for the benefit of the state, its people, and
future generations. To this end the people hereby
enact limitations on marine net fishing in Florida
waters to protect saltwater finfish, shellfish, and
other marine animals from unnecessary killing,
overfishing and waste.
(b) For the
purpose of catching or taking any saltwater finfish,
shellfish or other marine animals in Florida waters:
(1) No gill
nets or other entangling nets shall be used in any
Florida waters; and
(2) In addition
to the prohibition set forth in (1), no other type of
net containing more than 500 square feet of mesh area
shall be used in nearshore and inshore Florida waters.
Additionally, no more than two such nets, which shall
not be connected, shall be used from any vessel, and
no person not on a vessel shall use more than one such
net in nearshore and inshore Florida waters.
(c) For
purposes of this section:
(1) "gill
net" means one or more walls of netting which
captures saltwater finfish by ensnaring or entangling
them in the meshes of the net by the gills, and
"entangling net" means a drift net, trammell
net, stab net, or any other net which captures
saltwater finfish, shellfish, or other marine animals
by causing all or part of heads, fins, legs, or other
body parts to become entangled or ensnared in the
meshes of the net, but a hand thrown cast net is not a
gill net or an entangling net;
(2) "mesh
area" of a net means the total area of netting
with the meshes open to comprise the maximum square
footage. The square footage shall be calculated using
standard mathematical formulas for geometric shapes.
Seines and other rectangular nets shall be calculated
using the maximum length and maximum width of the
netting. Trawls and other bag type nets shall be
calculated as a cone using the maximum circumference
of the net mouth to derive the radius, and the maximum
length from the net mouth to the tail end of the net
to derive the slant height. Calculations for any other
nets or combination type nets shall be based on the
shapes of the individual components;
(3)
"coastline" means the territorial sea base
line for the State of Florida established pursuant to
the laws of the United States of America;
(4)
"Florida waters" means the waters of the
Atlantic Ocean, the Gulf of Mexico, the Straits of
Florida, and any other bodies of water under the
jurisdiction of the State of Florida, whether coastal,
intracoastal or inland, and any part thereof; and
(5)
"nearshore and inshore Florida waters" means
all Florida waters inside a line three miles seaward
of the coastline along the Gulf of Mexico and inside a
line one mile seaward of the coastline along the
Atlantic Ocean.
(d) This
section shall not apply to the use of nets for
scientific research or governmental purposes.
(e) Persons
violating this section shall be prosecuted and
punished pursuant to the penalties provided in section
370.021(2)(a),(b),(c)6. and 7., and (e), Florida
Statutes (1991), unless and until the legislature
enacts more stringent penalties for violations hereof.
On and after the effective date of this section, law
enforcement officers in the state are authorized to
enforce the provisions of this section in the same
manner and authority as if a violation of this section
constituted a violation of Chapter 370, Florida
Statutes (1991).
(f) It is the
intent of this section that implementing legislation
is not required for enforcing any violations hereof,
but nothing in this section prohibits the
establishment by law or pursuant to law of more
restrictions on the use of nets for the purpose of
catching or taking any saltwater finfish, shellfish,
or other marine animals.
(g) If any
portion of this section is held invalid for any
reason, the remaining portion of this section, to the
fullest extent possible, shall be severed from the
void portion and given the fullest possible force and
application.
(h) This
section shall take effect on the July 1 next occurring
after approval hereof by vote of the electors.
History.--Proposed by Initiative Petition filed
with the Secretary of State October 2, 1992; adopted
1994.
SECTION 17. Everglades Trust Fund.--
(a) There is
hereby established the Everglades Trust Fund, which
shall not be subject to termination pursuant to
Article III, Section 19(f). The purpose of the
Everglades Trust Fund is to make funds available to
assist in conservation and protection of natural
resources and abatement of water pollution in the
Everglades Protection Area and the Everglades
Agricultural Area. The trust fund shall be
administered by the South Florida Water Management
District, or its successor agency, consistent with
statutory law.
(b) The
Everglades Trust Fund may receive funds from any
source, including gifts from individuals, corporations
or other entities; funds from general revenue as
determined by the Legislature; and any other funds so
designated by the Legislature, by the United States
Congress or by any other governmental entity.
(c) Funds
deposited to the Everglades Trust Fund shall be
expended for purposes of conservation and protection
of natural resources and abatement of water pollution
in the Everglades Protection Area and Everglades
Agricultural Area.
(d) For
purposes of this subsection, the terms
"Everglades Protection Area, "Everglades
Agricultural Area" and "South Florida Water
Management District" shall have the meanings as
defined in statutes in effect on January 1, 1996.
History.--Proposed by Initiative Petition filed
with the Secretary of State March 26, 1996; adopted
1996.
SECTION 18. Disposition of conservation
lands.--
The fee interest in real property held by an entity of
the state and designated for natural resources
conservation purposes as provided by general law shall
be managed for the benefit of the citizens of this
state and may be disposed of only if the members of
the governing board of the entity holding title
determine the property is no longer needed for
conservation purposes and only upon a vote of
two-thirds of the governing board.
History.--Proposed by Constitution Revision
Commission, Revision No. 5, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
ARTICLE
XI
AMENDMENTS
SECTION
1. Proposal by legislature.
SECTION
2. Revision commission.
SECTION
3. Initiative.
SECTION
4. Constitutional convention.
SECTION
5. Amendment or revision election.
SECTION
6. Taxation and budget reform commission.
SECTION
7. Tax or fee limitation.
SECTION 1. Proposal by legislature.--
Amendment of a section or revision of one or more
articles, or the whole, of this constitution may be
proposed by joint resolution agreed to by three-fifths
of the membership of each house of the legislature.
The full text of the joint resolution and the vote of
each member voting shall be entered on the journal of
each house.
SECTION 2. Revision commission.--
(a) Within
thirty days before the convening of the 2017 regular
session of the legislature, and each twentieth year
thereafter, there shall be established a constitution
revision commission composed of the following
thirty-seven members:
(1) the
attorney general of the state;
(2) fifteen
members selected by the governor;
(3) nine
members selected by the speaker of the house of
representatives and nine members selected by the
president of the senate; and
(4) three
members selected by the chief justice of the supreme
court of Florida with the advice of the justices.
(b) The
governor shall designate one member of the commission
as its chair. Vacancies in the membership of the
commission shall be filled in the same manner as the
original appointments.
1(c)
Each constitution revision commission shall convene at
the call of its chair, adopt its rules of procedure,
examine the constitution of the state, hold public
hearings, and, not later than one hundred eighty days
prior to the next general election, file with the
secretary of state its proposal, if any, of a revision
of this constitution or any part of it.
History.--Am. H.J.R. 1616, 1988; adopted 1988;
Am. S.J.R. 210, 1996; adopted 1996; Ams. proposed by
Constitution Revision Commission, Revision Nos. 8 and
13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 2(c),
Art. XI, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 2(c), Art.
XI, State Constitution, will read:
(c) Each
constitution revision commission shall convene at the
call of its chair, adopt its rules of procedure,
examine the constitution of the state, hold public
hearings, and, not later than one hundred eighty days
prior to the next general election, file with the
custodian of state records its proposal, if any, of a
revision of this constitution or any part of it.
1
SECTION 3. Initiative.--
The power to propose the revision or amendment of any
portion or portions of this constitution by initiative
is reserved to the people, provided that, any such
revision or amendment, except for those limiting the
power of government to raise revenue, shall embrace
but one subject and matter directly connected
therewith. It may be invoked by filing with the
secretary of state a petition containing a copy of the
proposed revision or amendment, signed by a number of
electors in each of one half of the congressional
districts of the state, and of the state as a whole,
equal to eight percent of the votes cast in each of
such districts respectively and in the state as a
whole in the last preceding election in which
presidential electors were chosen.
History.--Am. H.J.R. 2835, 1972; adopted 1972;
Am. by Initiative Petition filed with the Secretary of
State August 3, 1993; adopted 1994; Am. proposed by
Constitution Revision Commission, Revision No. 8,
1998, filed with the Secretary of State May 5, 1998;
adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 3, Art.
XI, State Constitution, by Revision No. 8 (1998) to
take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 3, Art.
XI, State Constitution, will read:
SECTION 3.
Initiative.--The power to propose the revision or
amendment of any portion or portions of this
constitution by initiative is reserved to the people,
provided that, any such revision or amendment, except
for those limiting the power of government to raise
revenue, shall embrace but one subject and matter
directly connected therewith. It may be invoked by
filing with the custodian of state records a petition
containing a copy of the proposed revision or
amendment, signed by a number of electors in each of
one half of the congressional districts of the state,
and of the state as a whole, equal to eight percent of
the votes cast in each of such districts respectively
and in the state as a whole in the last preceding
election in which presidential electors were chosen.
1
SECTION 4. Constitutional convention.--
(a) The power
to call a convention to consider a revision of the
entire constitution is reserved to the people. It may
be invoked by filing with the secretary of state a
petition, containing a declaration that a
constitutional convention is desired, signed by a
number of electors in each of one half of the
congressional districts of the state, and of the state
as a whole, equal to fifteen per cent of the votes
cast in each such district respectively and in the
state as a whole in the last preceding election of
presidential electors.
(b) At the next
general election held more than ninety days after the
filing of such petition there shall be submitted to
the electors of the state the question: "Shall a
constitutional convention be held?" If a majority
voting on the question votes in the affirmative, at
the next succeeding general election there shall be
elected from each representative district a member of
a constitutional convention. On the twenty-first day
following that election, the convention shall sit at
the capital, elect officers, adopt rules of procedure,
judge the election of its membership, and fix a time
and place for its future meetings. Not later than
ninety days before the next succeeding general
election, the convention shall cause to be filed with
the secretary of state any revision of this
constitution proposed by it.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 8, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 4, Art.
XI, State Constitution, by Revision No. 8 (1998) to
take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 4, Art.
XI, State Constitution, will read:
SECTION 4.
Constitutional convention.--
(a) The power
to call a convention to consider a revision of the
entire constitution is reserved to the people. It may
be invoked by filing with the custodian of state
records a petition, containing a declaration that a
constitutional convention is desired, signed by a
number of electors in each of one half of the
congressional districts of the state, and of the state
as a whole, equal to fifteen per cent of the votes
cast in each such district respectively and in the
state as a whole in the last preceding election of
presidential electors.
(b) At the next
general election held more than ninety days after the
filing of such petition there shall be submitted to
the electors of the state the question: "Shall a
constitutional convention be held?" If a majority
voting on the question votes in the affirmative, at
the next succeeding general election there shall be
elected from each representative district a member of
a constitutional convention. On the twenty-first day
following that election, the convention shall sit at
the capital, elect officers, adopt rules of procedure,
judge the election of its membership, and fix a time
and place for its future meetings. Not later than
ninety days before the next succeeding general
election, the convention shall cause to be filed with
the custodian of state records any revision of this
constitution proposed by it.
SECTION 5. Amendment or revision election.--
1(a)
A proposed amendment to or revision of this
constitution, or any part of it, shall be submitted to
the electors at the next general election held more
than ninety days after the joint resolution,
initiative petition or report of revision commission,
constitutional convention or taxation and budget
reform commission proposing it is filed with the
secretary of state, unless, pursuant to law enacted by
the affirmative vote of three-fourths of the
membership of each house of the legislature and
limited to a single amendment or revision, it is
submitted at an earlier special election held more
than ninety days after such filing.
(b) Once in the
tenth week, and once in the sixth week immediately
preceding the week in which the election is held, the
proposed amendment or revision, with notice of the
date of election at which it will be submitted to the
electors, shall be published in one newspaper of
general circulation in each county in which a
newspaper is published.
(c) If the
proposed amendment or revision is approved by vote of
the electors, it shall be effective as an amendment to
or revision of the constitution of the state on the
first Tuesday after the first Monday in January
following the election, or on such other date as may
be specified in the amendment or revision.
History.--Am. H.J.R. 1616, 1988; adopted 1988;
Am. proposed by Constitution Revision Commission,
Revision No. 8, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 5(a),
Art. XI, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 5(a), Art.
XI, State Constitution, will read:
(a) A proposed
amendment to or revision of this constitution, or any
part of it, shall be submitted to the electors at the
next general election held more than ninety days after
the joint resolution, initiative petition or report of
revision commission, constitutional convention or
taxation and budget reform commission proposing it is
filed with the custodian of state records, unless,
pursuant to law enacted by the affirmative vote of
three-fourths of the membership of each house of the
legislature and limited to a single amendment or
revision, it is submitted at an earlier special
election held more than ninety days after such filing.
SECTION 6. Taxation and budget reform
commission.--
(a) Beginning
in 2007 and each twentieth year thereafter, there
shall be established a taxation and budget reform
commission composed of the following members:
(1) eleven
members selected by the governor, none of whom shall
be a member of the legislature at the time of
appointment.
(2) seven
members selected by the speaker of the house of
representatives and seven members selected by the
president of the senate, none of whom shall be a
member of the legislature at the time of appointment.
(3) four
non-voting ex officio members, all of whom shall be
members of the legislature at the time of appointment.
Two of these members, one of whom shall be a member of
the minority party in the house of representatives,
shall be selected by the speaker of the house of
representatives, and two of these members, one of whom
shall be a member of the minority party in the senate,
shall be selected by the president of the senate.
(b) Vacancies
in the membership of the commission shall be filled in
the same manner as the original appointments.
(c) At its
initial meeting, the members of the commission shall
elect a member who is not a member of the legislature
to serve as chair and the commission shall adopt its
rules of procedure. Thereafter, the commission shall
convene at the call of the chair. An affirmative vote
of two thirds of the full commission shall be
necessary for any revision of this constitution or any
part of it to be proposed by the commission.
(d) The
commission shall examine the state budgetary process,
the revenue needs and expenditure processes of the
state, the appropriateness of the tax structure of the
state, and governmental productivity and efficiency;
review policy as it relates to the ability of state
and local government to tax and adequately fund
governmental operations and capital facilities
required to meet the state's needs during the next
twenty year period; determine methods favored by the
citizens of the state to fund the needs of the state,
including alternative methods for raising sufficient
revenues for the needs of the state; determine
measures that could be instituted to effectively
gather funds from existing tax sources; examine
constitutional limitations on taxation and
expenditures at the state and local level; and review
the state's comprehensive planning, budgeting and
needs assessment processes to determine whether the
resulting information adequately supports a strategic
decisionmaking process.
1(e)
The commission shall hold public hearings as it deems
necessary to carry out its responsibilities under this
section. The commission shall issue a report of the
results of the review carried out, and propose to the
legislature any recommended statutory changes related
to the taxation or budgetary laws of the state. Not
later than one hundred eighty days prior to the
general election in the second year following the year
in which the commission is established, the commission
shall file with the secretary of state its proposal,
if any, of a revision of this constitution or any part
of it dealing with taxation or the state budgetary
process.
History.--Added, H.J.R. 1616, 1988; adopted
1988; Ams. proposed by Constitution Revision
Commission, Revision Nos. 8 and 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 6(e),
Art. XI, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 6(e), Art.
XI, State Constitution, will read:
(e) The
commission shall hold public hearings as it deems
necessary to carry out its responsibilities under this
section. The commission shall issue a report of the
results of the review carried out, and propose to the
legislature any recommended statutory changes related
to the taxation or budgetary laws of the state. Not
later than one hundred eighty days prior to the
general election in the second year following the year
in which the commission is established, the commission
shall file with the custodian of state records its
proposal, if any, of a revision of this constitution
or any part of it dealing with taxation or the state
budgetary process.
SECTION 7. Tax or fee limitation.--
Notwithstanding Article X, Section 12(d) of this
constitution, no new State tax or fee shall be imposed
on or after November 8, 1994 by any amendment to this
constitution unless the proposed amendment is approved
by not fewer than two-thirds of the voters voting in
the election in which such proposed amendment is
considered. For purposes of this section, the phrase
"new State tax or fee" shall mean any tax or
fee which would produce revenue subject to lump sum or
other appropriation by the Legislature, either for the
State general revenue fund or any trust fund, which
tax or fee is not in effect on November 7, 1994
including without limitation such taxes and fees as
are the subject of proposed constitutional amendments
appearing on the ballot on November 8, 1994. This
section shall apply to proposed constitutional
amendments relating to State taxes or fees which
appear on the November 8, 1994 ballot, or later
ballots, and any such proposed amendment which fails
to gain the two-thirds vote required hereby shall be
null, void and without effect.
History.--Proposed by Initiative Petition filed
with the Secretary of State March 11, 1994; adopted
1996.
ARTICLE
XII
SCHEDULE
SECTION
1. Constitution of 1885 superseded.
SECTION
2. Property taxes; millages.
SECTION
3. Officers to continue in office.
SECTION
4. State commissioner of education.
SECTION
5. Superintendent of schools.
SECTION
6. Laws preserved.
SECTION
7. Rights reserved.
SECTION
8. Public debts recognized.
SECTION
9. Bonds.
SECTION
10. Preservation of existing government.
SECTION
11. Deletion of obsolete schedule items.
SECTION
12. Senators.
SECTION
13. Legislative apportionment.
SECTION
14. Representatives; terms.
SECTION
15. Special district taxes.
SECTION
16. Reorganization.
SECTION
17. Conflicting provisions.
SECTION
18. Bonds for housing and related
facilities.
SECTION
19. Renewable energy source property.
SECTION
20. Access to public records.
SECTION
21. State revenue limitation.
SECTION
22. Historic property exemption and
assessment.
SECTION
23. Fish and wildlife conservation
commission.
SECTION
24. Executive branch reform.
SECTION
25. Schedule to Article V amendment.
SECTION 1. Constitution of 1885 superseded.--
Articles I through IV, VII, and IX through XX of the
Constitution of Florida adopted in 1885, as amended
from time to time, are superseded by this revision
except those sections expressly retained and made a
part of this revision by reference.
SECTION 2. Property taxes; millages.--
Tax millages authorized in counties, municipalities
and special districts, on the date this revision
becomes effective, may be continued until reduced by
law.
SECTION 3. Officers to continue in office.--
Every person holding office when this revision becomes
effective shall continue in office for the remainder
of the term if that office is not abolished. If the
office is abolished the incumbent shall be paid
adequate compensation, to be fixed by law, for the
loss of emoluments for the remainder of the term.
SECTION 4. State commissioner of education.--
The state superintendent of public instruction in
office on the effective date of this revision shall
become and, for the remainder of the term being
served, shall be the commissioner of education.
SECTION 5. Superintendent of schools.--
(a) On the
effective date of this revision the county
superintendent of public instruction of each county
shall become and, for the remainder of the term being
served, shall be the superintendent of schools of that
district.
(b) The method
of selection of the county superintendent of public
instruction of each county, as provided by or under
the Constitution of 1885, as amended, shall apply to
the selection of the district superintendent of
schools until changed as herein provided.
SECTION 6. Laws preserved.--
(a) All laws in
effect upon the adoption of this revision, to the
extent not inconsistent with it, shall remain in force
until they expire by their terms or are repealed.
(b) All
statutes which, under the Constitution of 1885, as
amended, apply to the state superintendent of public
instruction and those which apply to the county
superintendent of public instruction shall under this
revision apply, respectively, to the state
commissioner of education and the district
superintendent of schools.
SECTION 7. Rights reserved.--
(a) All
actions, rights of action, claims, contracts and
obligations of individuals, corporations and public
bodies or agencies existing on the date this revision
becomes effective shall continue to be valid as if
this revision had not been adopted. All taxes,
penalties, fines and forfeitures owing to the state
under the Constitution of 1885, as amended, shall
inure to the state under this revision, and all
sentences as punishment for crime shall be executed
according to their terms.
(b) This
revision shall not be retroactive so as to create any
right or liability which did not exist under the
Constitution of 1885, as amended, based upon matters
occurring prior to the adoption of this revision.
SECTION 8. Public debts recognized.--
All bonds, revenue certificates, revenue bonds and tax
anticipation certificates issued pursuant to the
Constitution of 1885, as amended by the state, any
agency, political subdivision or public corporation of
the state shall remain in full force and effect and
shall be secured by the same sources of revenue as
before the adoption of this revision, and, to the
extent necessary to effectuate this section, the
applicable provisions of the Constitution of 1885, as
amended, are retained as a part of this revision until
payment in full of these public securities.
SECTION 9. Bonds.--
(a) ADDITIONAL
SECURITIES.
(1) 1Article
IX, Section 17, of the Constitution of 1885, as
amended, as it existed immediately before this
Constitution, as revised in 1968, became effective, is
adopted by this reference as a part of this revision
as completely as though incorporated herein verbatim,
except revenue bonds, revenue certificates or other
evidences of indebtedness hereafter issued thereunder
may be issued by the agency of the state so authorized
by law.
(2) That
portion of 2Article XII, Section 9,
Subsection (a) of this Constitution, as amended, which
by reference adopted 3Article XII, Section
19 of the Constitution of 1885, as amended, as the
same existed immediately before the effective date of
this amendment is adopted by this reference as part of
this revision as completely as though incorporated
herein verbatim, for the purpose of providing that
after the effective date of this amendment all of the
proceeds of the revenues derived from the gross
receipts taxes, as therein defined, collected in each
year shall be applied as provided therein to the
extent necessary to comply with all obligations to or
for the benefit of holders of bonds or certificates
issued before the effective date of this amendment or
any refundings thereof which are secured by such gross
receipts taxes. No bonds or other obligations may be
issued pursuant to the provisions of 3Article
XII, Section 19, of the Constitution of 1885, as
amended, but this provision shall not be construed to
prevent the refunding of any such outstanding bonds or
obligations pursuant to the provisions of this
subsection (a)(2).
Subject to the
requirements of the first paragraph of this subsection
(a)(2), beginning July 1, 1975, all of the proceeds of
the revenues derived from the gross receipts taxes
collected from every person, including municipalities,
as provided and levied pursuant to the provisions of
chapter 203, Florida Statutes, as such chapter is
amended from time to time, shall, as collected, be
placed in a trust fund to be known as the "public
education capital outlay and debt service trust
fund" in the state treasury (hereinafter referred
to as "capital outlay fund"), and used only
as provided herein.
The capital outlay
fund shall be administered by the state board of
education as created and constituted by Section 2 of
Article IX of the Constitution of Florida as revised
in 1968 (hereinafter referred to as "state
board"), or by such other instrumentality of the
state which shall hereafter succeed by law to the
powers, duties and functions of the state board,
including the powers, duties and functions of the
state board provided in this subsection (a)(2). The
state board shall be a body corporate and shall have
all the powers provided herein in addition to all
other constitutional and statutory powers related to
the purposes of this subsection (a)(2) heretofore or
hereafter conferred by law upon the state board, or
its predecessor created by the Constitution of 1885,
as amended.
State bonds pledging
the full faith and credit of the state may be issued,
without a vote of the electors, by the state board
pursuant to law to finance or refinance capital
projects theretofore authorized by the legislature,
and any purposes appurtenant or incidental thereto,
for the state system of public education provided for
in Section 1 of Article IX of this Constitution
(hereinafter referred to as "state system"),
including but not limited to institutions of higher
learning, community colleges, vocational technical
schools, or public schools, as now defined or as may
hereafter be defined by law. All such bonds shall
mature not later than thirty years after the date of
issuance thereof. All other details of such bonds
shall be as provided by law or by the proceedings
authorizing such bonds; provided, however, that no
bonds, except refunding bonds, shall be issued, and no
proceeds shall be expended for the cost of any capital
project, unless such project has been authorized by
the legislature.
Bonds issued pursuant
to this subsection (a)(2) shall be primarily payable
from such revenues derived from gross receipts taxes,
and shall be additionally secured by the full faith
and credit of the state. No such bonds shall ever be
issued in an amount exceeding ninety percent of the
amount which the state board determines can be
serviced by the revenues derived from the gross
receipts taxes accruing thereafter under the
provisions of this subsection (a)(2), and such
determination shall be conclusive.
The moneys in the
capital outlay fund in each fiscal year shall be used
only for the following purposes and in the following
order of priority:
a. For the
payment of the principal of and interest on any bonds
due in such fiscal year;
b. For the
deposit into any reserve funds provided for in the
proceedings authorizing the issuance of bonds of any
amounts required to be deposited in such reserve funds
in such fiscal year;
c. For direct
payment of the cost or any part of the cost of any
capital project for the state system theretofore
authorized by the legislature, or for the purchase or
redemption of outstanding bonds in accordance with the
provisions of the proceedings which authorized the
issuance of such bonds, or for the purpose of
maintaining, restoring, or repairing existing public
educational facilities.
(b) REFUNDING
BONDS. Revenue bonds to finance the cost of
state capital projects issued prior to the date this
revision becomes effective, including projects of the
Florida state turnpike authority or its successor but
excluding all portions of the state highway system,
may be refunded as provided by law without vote of the
electors at a lower net average interest cost rate by
the issuance of bonds maturing not later than the
obligations refunded, secured by the same revenues
only.
(c) MOTOR
VEHICLE FUEL TAXES.
(1) A state
tax, designated "second gas tax," of two
cents per gallon upon gasoline and other like products
of petroleum and an equivalent tax upon other sources
of energy used to propel motor vehicles as levied by 4Article
IX, Section 16, of the Constitution of 1885, as
amended, is hereby continued. The proceeds of said tax
shall be placed monthly in the state roads
distribution fund in the state treasury.
(2) 4Article
IX, Section 16, of the Constitution of 1885, as
amended, is adopted by this reference as a part of
this revision as completely as though incorporated
herein verbatim for the purpose of providing that
after the effective date of this revision the proceeds
of the "second gas tax" as referred to
therein shall be allocated among the several counties
in accordance with the formula stated therein to the
extent necessary to comply with all obligations to or
for the benefit of holders of bonds, revenue
certificates and tax anticipation certificates or any
refundings thereof secured by any portion of the
"second gas tax."
(3) No funds
anticipated to be allocated under the formula stated
in 4Article IX, Section 16, of the
Constitution of 1885, as amended, shall be pledged as
security for any obligation hereafter issued or
entered into, except that any outstanding obligations
previously issued pledging revenues allocated under
said 4Article IX, Section 16, may be
refunded at a lower average net interest cost rate by
the issuance of refunding bonds, maturing not later
than the obligations refunded, secured by the same
revenues and any other security authorized in
paragraph (5) of this subsection.
(4) Subject to
the requirements of paragraph (2) of this subsection
and after payment of administrative expenses, the
"second gas tax" shall be allocated to the
account of each of the several counties in the amounts
to be determined as follows: There shall be an initial
allocation of one-fourth in the ratio of county area
to state area, one-fourth in the ratio of the total
county population to the total population of the state
in accordance with the latest available federal
census, and one-half in the ratio of the total
"second gas tax" collected on retail sales
or use in each county to the total collected in all
counties of the state during the previous fiscal year.
If the annual debt service requirements of any
obligations issued for any county, including any
deficiencies for prior years, secured under paragraph
(2) of this subsection, exceeds the amount which would
be allocated to that county under the formula set out
in this paragraph, the amounts allocated to other
counties shall be reduced proportionately.
5(5)
Funds allocated under paragraphs (2) and (4) of this
subsection shall be administered by the state board of
administration created under said 4Article
IX, Section 16, of the Constitution of 1885, as
amended, and which is continued as a body corporate
for the life of this subsection (9)(c). The board
shall remit the proceeds of the "second gas
tax" in each county account for use in said
county as follows: eighty per cent to the state agency
supervising the state road system and twenty per cent
to the governing body of the county. The percentage
allocated to the county may be increased by general
law. The proceeds of the "second gas tax"
subject to allocation to the several counties under
this paragraph (5) shall be used first, for the
payment of obligations pledging revenues allocated
pursuant to 4Article IX, Section 16, of the
Constitution of 1885, as amended, and any refundings
thereof; second, for the payment of debt service on
bonds issued as provided by this paragraph (5) to
finance the acquisition and construction of roads as
defined by law; and third, for the acquisition and
construction of roads and for road maintenance as
authorized by law. When authorized by law, state bonds
pledging the full faith and credit of the state may be
issued without any election: (i) to refund obligations
secured by any portion of the "second gas
tax" allocated to a county under 4Article
IX, Section 16, of the Constitution of 1885, as
amended; (ii) to finance the acquisition and
construction of roads in a county when approved by the
governing body of the county and the state agency
supervising the state road system; and (iii) to refund
obligations secured by any portion of the "second
gas tax" allocated under paragraph 9(c)(4). No
such bonds shall be issued unless a state fiscal
agency created by law has made a determination that in
no state fiscal year will the debt service
requirements of the bonds and all other bonds secured
by the pledged portion of the "second gas
tax" allocated to the county exceed seventy-five
per cent of the pledged portion of the "second
gas tax" allocated to that county for the
preceding state fiscal year, of the pledged net tolls
from existing facilities collected in the preceding
state fiscal year, and of the annual average net tolls
anticipated during the first five state fiscal years
of operation of new projects to be financed, and of
any other legally available pledged revenues collected
in the preceding state fiscal year. Bonds issued
pursuant to this subsection shall be payable primarily
from the pledged tolls, the pledged portions of the
"second gas tax" allocated to that county,
and any other pledged revenue, and shall mature not
later than forty years from the date of issuance.
(d) SCHOOL
BONDS.
(1) 6Article
XII, Section 9, Subsection (d) of this constitution,
as amended, (which, by reference, adopted
