C.S. for C.S. The The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances. ENFORCEMENT. The powers and duties of the boards of trustees shall be provided by law. for H.J.R. Beginning in 2007 and each twentieth year thereafter, there shall be established a taxation and budget reform commission composed of the following members: eleven members selected by the governor, none of whom shall be a member of the legislature at the time of appointment. Proposed by Initiative Petition filed with the Secretary of State May 28, 2002; adopted 2004. 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. 452, 1984; adopted 1984; Am. The initial members of the commission shall be the members of the game and fresh water fish commission and the marine fisheries commission who are serving on those commissions on the effective date of this amendment, who may serve the remainder of their respective terms. The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. for S.J.R. On each reading, it shall be read by title only, unless one-third of the members present desire it read in full. 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. (b)The state board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provided for in subsection (a). 11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. The Florida Amendment Series: Amendment 2 . S.J.R. 824, 1980; adopted 1980; Am. Such law may be amended or repealed by like vote. 125, 1998; adopted 1998; Am. 275, 2016; adopted 2016. 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. Proposed by Initiative Petition filed with the Secretary of State October 27, 2000; adopted 2002. All justices and judges shall devote full time to their judicial duties. All political power is inherent in the people. Thereafter, the commission shall convene at the call of the chair. In each judicial circuit a public defender shall be elected for a term of four years, who shall perform duties prescribed by general law. Special elections and referenda shall be held as provided by law. PURPOSES. Am. The military power shall be subordinate to the civil. Stand-alone bar means any place of business devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A chief judge in each circuit shall be chosen from among the circuit judges as provided by supreme court rule. Watch Instantly. 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. There are three Constitutional amendments on the statewide ballot this year: Abolishing the Constitution Revision Commission This would abolish the Constitution Revision Commission, which meets at 20-year intervals and is scheduled to next convene in 2037, as a way to submit proposed amendments or 7, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. Their compensation shall be fixed by general law. Search site. 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. and last updated 1:24 PM, Oct 24, 2022. (4)To distribute annually to the several Boards of Public Instruction of the counties for the payment of the cost of the construction, acquisition, improvement, enlargement, furnishing, or equipping of capital outlay projects for school purposes in such county as shall be requested by resolution of the County Board of Public Instruction of such county. The qualifications and the number of jurors, not fewer than six, shall be fixed by law. Campaign spending limits and funding of campaigns for elective state-wide office. The commission shall convene at least quarterly and shall convene at the call of the president of the senate and the speaker of the house of representatives. 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. The state attorney general or other official designated by the state legislature may also bring a civil action to enforce this amendment. Unless approved by a three-fifths vote of the membership of each house, appropriations made for recurring purposes from nonrecurring general revenue funds for any fiscal year shall not exceed three percent of the total general revenue funds estimated to be available at the time such appropriation is made. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. 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. 2, 1992, filed with the Secretary of State May 7, 1992; adopted 1992. 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, unless the provisions of paragraph (8) apply. An appointment to fill a vacancy of the commission shall be for the remainder of the term. 1, 2004, added by H.J.R. Added, C.S. The State Board shall also have power to appoint such other persons and fix their compensation for the administration of the provisions of this Amendment as it shall deem necessary, and the expenses of the State Board in administering the provisions of this Amendment shall be paid out of the proceeds of bonds or certificates issued hereunder or from said Gross Receipts Taxes deposited in said Capital Outlay Fund. 4 of the Taxation and Budget Reform Commission, 2008, was redesignated (f) by the editors to conform to the redesignation of subsections by Revision No. 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. This section, originally designated section 32 by H.J.R. 8, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. Such government shall have no power to create or abolish any municipality, except as otherwise provided herein. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. FOX 35 Orlando. 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. Proposed by Initiative Petition filed with the Secretary of State April 1, 2003; adopted 2004. 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. H.J.R. Florida is the only state with a commission empowered to refer constitutional amendments to the ballot. Am. No such bonds or motor vehicle tax anticipation certificates shall ever be issued by the state board until after the adoption of a resolution requesting the issuance thereof by the county board of public instruction of the county on behalf of which such obligations are to be issued. OFFICERS TO CONTINUE IN OFFICE. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. 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. 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. This section amends this Article; and also affects Article XI, by making citizens initiatives the exclusive method of authorizing casino gambling. 1471, 1980; adopted 1980. for H.J.R. 2022 For the purpose of this Amendment, said State Board, as now constituted, shall continue as a body corporate during the life of this Amendment and shall have all the powers provided in this Amendment in addition to all other constitutional and statutory powers related to the purposes of this Amendment heretofore or hereafter conferred by law upon said State Board. The rights of the victim, as provided in subparagraph (6)a., subparagraph (6)b., or subparagraph (6)c., that apply to any first appearance proceeding are satisfied by a reasonable attempt by the appropriate agency to notify the victim and convey the victims views to the court. 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. WebThe CRC refers constitutional amendments directly to the ballot for a public vote, which makes the commission unique amongst the states. Actions to enforce this amendment shall be subject to a statute of limitations of four years or, in the case of willful violations, five years. This amendment provides for payment of a minimum wage and shall not be construed to preempt or otherwise limit the authority of the state legislature or any other public body to adopt or enforce any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends such protections to employers or employees not covered by this amendment. 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. Thereafter, the homestead shall be assessed as provided in this subsection. 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. for C.S. This section and the amendment to Section 6 of Article VII permitting the legislature to provide ad valorem tax relief to surviving spouses of veterans who died from service-connected causes and first responders who died in the line of duty shall take effect January 1, 2013. 2 Introduction . 10, 2002, proposed by Initiative Petition filed with the Secretary of State October 27, 2000, adopted 2002, was redesignated section 21 by the editors in order to avoid confusion with already existing section 19, relating to the high speed ground transportation system, and section 20, relating to prohibiting workplace smoking, as contained in Amendment No. English is the official language of Florida. Moneys sufficient to pay debt service on state bonds as the same becomes due shall be appropriated by law. At least 60 percent of the voters must vote in the affirmative for a proposed amendment to pass. 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 powers, except the power to punish, may be conferred by law upon committees when the legislature is not in session. An eligible military member must have been a resident of this state or his or her duty post must have been within this state at the time of death. Special law means a special or local law. for S.J.R. Added, C.S. Florida Senate S.J.R. The period of time for which this exemption may be granted to a property owner shall be determined by general law. As used herein, casino gambling does not include pari-mutuel wagering on horse racing, dog racing, or jai alai exhibitions. BUDGET STABILIZATION FUND. Am. STATEWIDE BOARD OF GOVERNORS. SECTION 24. 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. Heres how it will appear on the ballot : No. . Identification card means a document issued by the Department that identifies a qualifying patient or a caregiver. Tampa Bay Times Editorial Board, Tampa Bay Times 10/7/2022. The CRC refers constitutional changes directly for a public vote and bypassing the typical amendment process, which requires either a 60% vote in the House and Senate or a citizens petition with 8% or more signatures of the total votes in the previous presidential election. proposed by Constitution Revision Commission, Revision Nos. This subsection, originally designated (h) by Revision No. The state legislature may by statute or the state Agency for Workforce Innovation may by regulation adopt any measures appropriate for the implementation of this amendment. Nonetheless, time is short, as the crossover date for legislation is May 4th. 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. 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. Reported out of State Affairs Committee. Registration and elections in municipalities shall, and in other governmental entities created by statute may, be provided by law. Subject to the requirements of paragraph (1) of this subsection (d) beginning July 1, 1973, the first proceeds of the revenues derived from the licensing of motor vehicles (hereinafter called motor vehicle license revenues) to the extent necessary to comply with the provisions of this amendment, shall, as collected, be placed monthly in the school district and community college district capital outlay and debt service fund in the state treasury and used only as provided in this amendment. Any method of execution shall be allowed, unless prohibited by the United States Constitution. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients medical use, based on the best available evidence. 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. 113, 1933; adopted 1934. Proposed by Initiative Petition filed with the Secretary of State January 9, 2015; adopted 2016. To pay the expenses of the state board in administering this subsection (d), which shall be prorated among the various school districts and community college districts and paid out of the proceeds of the bonds or motor vehicle license revenue anticipation certificates or from the funds distributable to each school district and community college district on the same basis as such motor vehicle license revenues are distributable to the various school districts and community college districts. In order to implement this paragraph, the joint legislative budget commission shall use current official consensus estimates and may request the development of additional official estimates. No person shall be imprisoned for debt, except in cases of fraud. 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. No other courts may be established by the state, any political subdivision or any municipality. The election of circuit judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. ADDITIONAL LEGISLATION, IMPLEMENTATION AND CONSTRUCTION. constitutional amendments S.J.R. County judges of existing county judges 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. The Department shall begin issuing qualifying patient and caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective date of this section. The attorney general shall be the chief state legal officer. Added, C.S. 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. 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. 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. . 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. The legislature may enact legislation to implement this subsection, including, but not limited to, defining terms and providing penalties for violations. 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. A Comprehensive Guide to Florida's 2022 Constitutional 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. Upon impeachment of the governor and until completion of trial thereof, or during the governors physical or mental incapacity, the lieutenant governor shall act as governor. 2. an advertising campaign to discourage the use of tobacco and to educate people, especially youth, about the health hazards of tobacco, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio, and print advertising, with no limitations on any individual advertising medium utilized; and which shall be funded at a level equivalent to one-third of each total annual appropriation required by this section; evidence-based curricula and programs to educate youth about tobacco and to discourage their use of it, including, but not limited to, programs that involve youth, educate youth about the health hazards of tobacco, help youth develop skills to refuse tobacco, and demonstrate to youth how to stop using tobacco; programs of local community-based partnerships that discourage the use of tobacco and work to educate people, especially youth, about the health hazards of tobacco, with an emphasis on programs that involve youth and emphasize the prevention and cessation of tobacco use; enforcement of laws, regulations, and policies against the sale or other provision of tobacco to minors, and the possession of tobacco by minors; and, publicly-reported annual evaluations to ensure that moneys appropriated pursuant to this section are spent properly, which shall include evaluation of the programs effectiveness in reducing and preventing tobacco use, and annual recommendations for improvements to enhance the programs effectiveness, which are to include comparisons to similar programs proven to be effective in other states, as well as comparisons to CDC. The effective date and severability provision reads: This amendment shall be effective on the date it is approved by the electorate. S.J.R. EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT SESSION. Each house shall determine its rules of procedure. Funds allocated under paragraphs (2) and (4) of this subsection shall be administered by the state board of administration created under Article IV, Section 4. 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.