If the voters of such county by majority vote disapprove the referendum question, slot machines shall not be so authorized, and the question shall not be presented in another referendum in that county for at least two years. 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 governors intention to do so, and agreement reached within that period by both houses on a time for adjournment shall prevail. 1, 1992, filed with the Secretary of State May 7, 1992; adopted 1992; Am. As prescribed by general law, each state department and agency shall be required to submit a legislative budget request that is based upon and that reflects the long-range financial outlook adopted by the joint legislative budget commission or that specifically explains any variance from the long-range financial outlook contained in the request. As used herein, casino gambling does not include pari-mutuel wagering on horse racing, dog racing, or jai alai exhibitions. SECTION 11. proposed by Constitution Revision Commission, Revision No. . (2)The installation of a renewable energy source device. 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. 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. Proposed by Initiative Petition filed with the Secretary of State August 8, 1988; adopted 1988. Institutions of higher learning and junior college capital outlay trust fund bonds.(a)That beginning January 1, 1964, and for fifty years thereafter, all of the proceeds of the revenues derived from the gross receipts taxes collected from every person, including municipalities, receiving payment for electricity for light, heat or power, for natural or manufactured gas for light, heat or power, for use of telephones and for the sending of telegrams and telegraph messages, as now provided and levied as of the time of adoption of this amendment in Chapter 203, Florida Statutes (hereinafter called Gross Receipts Taxes), shall, as collected be placed in a trust fund to be known as the Institutions of Higher Learning and Junior Colleges Capital Outlay and Debt Service Trust Fund in the State Treasury (hereinafter referred to as Capital Outlay Fund), and used only as provided in this Amendment. The office of judges of all other courts abolished by this article shall be abolished as of the effective date of this article. proposed by Constitution Revision Commission, Revision No. As used in this amendment, the terms Employer, Employee and Wage shall have the meanings established under the federal Fair Labor Standards Act (FLSA) and its implementing regulations. 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. The state board shall have power to determine all other details of the bonds or motor vehicle license revenue anticipation certificates and to sell in the manner provided by general law, or exchange the bonds or motor vehicle license revenue anticipation certificates, upon such terms and conditions as the state board shall provide. Brandes has argued that both 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 (g), and such rules shall include disclosure of secondary sources of income. The boards management shall be subject to the powers of the legislature to appropriate for the expenditure of funds, and the board shall account for such expenditures as provided by law. Employers shall pay Employees Wages no less than the Minimum Wage for all hours worked in Florida. 459, 1987; adopted 1988; Am. PURPOSES. 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. There shall be granted an ad valorem tax exemption for real property dedicated in perpetuity for conservation purposes, including real property encumbered by perpetual conservation easements or by other perpetual conservation protections, as defined by general law. Notwithstanding any other provision herein no such bonds or certificates shall be authorized or validated during any biennium in excess of fifty million dollars, except by two-thirds vote of the members elected to each house of the legislature; provided further that during the biennium 1963-1965 seventy-five million dollars may be authorized and validated pursuant hereto. All justices and judges shall be compensated only by state salaries fixed by general law. subsection (i) of Section 4 of Article VII shall revert to that in existence on December 31, 2017, except that any amendments to such text otherwise adopted shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section. Effective December 31, 2037, s. 4(i), Art. Sections composing the 1968 revision have no history notes. . 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 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 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. 380, 1989; adopted 1990; Am. EFFECTIVE DATE.Unless otherwise provided herein, this article shall become effective at 11:59 oclock P.M., Eastern Standard Time, January 1, 1973. 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. proposed by Constitution Revision Commission, Revision No. (Pertaining to the maximum rate of interest on bonds). Vacancies in the membership of the commission shall be filled in the same manner as the original appointments. All courts except the supreme court may sit in divisions as may be established by local rule approved by the supreme court. The Florida Amendment Series: Amendment 3 . 3576, 1972; adopted 1972; Am. No such bonds or certificates shall ever be issued by the State Board in an amount exceeding seventy-five per centum of the amount which it determines, based upon the average annual amount of the revenues derived from said Gross Receipts Taxes during the immediately preceding two fiscal years, or the amount of the revenues derived from said Gross Receipts Taxes during the immediately preceding fiscal year, as shown in a certificate filed by the State Comptroller with the State Board prior to the issuance of such bonds or certificates, whichever is the lesser, can be serviced by the revenues accruing thereafter under the provisions of this Amendment; nor shall the State Board, during the first year following the ratification of this amendment, issue bonds or certificates in excess of seven times the anticipated revenue from said Gross Receipts Taxes during said year, nor during each succeeding year, more than four times the anticipated revenue from said Gross Receipts Taxes during such year. for H.J.R. Each proposed amendment requires a minimum of 60% support to pass. Homepage last actualized: Monthly 10, 2023. Campaign spending limits and funding of campaigns for elective state-wide office. 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 twenty-five thousand dollars and, for all levies other than school district levies, on the assessed valuation greater than fifty thousand dollars and up to seventy-five thousand dollars, upon establishment of right thereto in the manner prescribed by law. 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. 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. SECTION 10. 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, No funds anticipated to be allocated under the formula stated in. Publications, Help Searching The term victim includes the victims lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. for H.J.R.s 3853, 4040, 1970; adopted 1970; Am. 298, F.S.). The phrase medical malpractice means both the failure to practice medicine in Florida with that level of care, skill, and treatment recognized in general law related to health care providers licensure, and any similar wrongful act, neglect, or default in other states or countries which, if committed in Florida, would have been considered medical malpractice. The commission shall be entitled to recover the costs of investigation and prosecution, in addition to any penalty levied by the supreme court. A first responder who is totally and permanently disabled as a result of an injury or injuries sustained in the line of duty. Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks, and procedures for the issuance and annual renewal of caregiver identification cards. Am. WebFor the 2022 election cycle, there are just three amendments on the ballot for consideration, all of which are joint resolutions from the Florida Legislature . All elections by the people shall be by direct and secret vote. The legislature shall prescribe by general law conditions under which limited adjustments to the budget, as recommended by the governor or the chief justice of the supreme court, may be approved without the concurrence of the full legislature. Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage and elections. 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. LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND AGENCY PLANNING DOCUMENT PROCESSES. C.S. XII of the Constitution of 1885, as amended, reads as follows: Section 16 of Art. H.J.R. 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. COUNTY SEAT. In each judicial circuit a public defender shall be elected for a term of four years, who shall perform duties prescribed by general law. (b)The State Board shall have power, for the purpose of obtaining funds for acquiring, building, constructing, altering, improving, enlarging, furnishing or equipping capital outlay projects theretofore authorized by the legislature and any purposes appurtenant or incidental thereto, for Institutions of Higher Learning or Junior Colleges, as now defined or as may be hereafter defined by law, and for the purpose of constructing buildings and other permanent facilities for vocational technical schools as provided in chapter 230 Florida Statutes, to issue bonds or certificates, including refunding bonds or certificates to fund or refund any bonds or certificates theretofore issued. 969, 1997; adopted 1998; Am. Prohibition on racing of and wagering on greyhounds or other dogs. Veterans disabled due to combat injury; homestead property tax discount. No special law shall be passed unless notice of intention to seek enactment thereof has been published in the manner provided by general law. SEVERABILITY. 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. All property of Monroe County and of the municipality in said county shall vest in such municipal corporation when established as herein provided. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time. The task force shall be composed of members of the legislature and representatives from the private and public sectors who shall develop recommendations for improving governmental operations and reducing costs. 3, 2008, filed with the Secretary of State April 28, 2008; adopted 2008. There is hereby established the Everglades Trust Fund, which shall not be subject to termination pursuant to Article III, Section 19(f). Board of administration; gasoline and like taxes, distribution and use; etc.(a)That beginning January 1st, 1943, and for fifty (50) years thereafter, the proceeds of two (2) cents per gallon of the total tax levied by state law upon gasoline and other like products of petroleum, now known as the Second Gas Tax, and upon other fuels used to propel motor vehicles, shall as collected be placed monthly in the State Roads Distribution Fund in the State Treasury and divided into three (3) equal parts which shall be distributed monthly among the several counties as follows: one part according to area, one part according to population, and one part according to the counties contributions to the cost of state road construction in the ratio of distribution as provided in Chapter 15659, Laws of Florida, Acts of 1931, and for the purposes of the apportionment based on the counties contributions for the cost of state road construction, the amount of the contributions established by the certificates made in 1931 pursuant to said Chapter 15659, shall be taken and deemed conclusive in computing the monthly amounts distributable according to said contributions. proposed by Constitution Revision Commission, Revision No. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. General Information. Such jurisdiction shall be uniform throughout the state. 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. 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. by Initiative Petition filed with the Secretary of State January 10, 2018; adopted 2020. A fee under this subsection shall not include tuition. The board of governors shall be a body corporate consisting of seventeen members. All such bonds or motor vehicle license revenue anticipation certificates shall bear interest at not exceeding the rate provided by general law and shall mature not later than thirty years after the date of issuance thereof. The Florida Amendment Series: Amendment 2 . proposed by Constitution Revision Commission, Revision No. As used in this section, a victim is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. (d)SCHOOL BONDS. The state shall be divided by law into political subdivisions called counties. VIII of the Constitution of 1885, as amended, reads as follows: Section 11 of Art. Florida voters give a thumbs down to constitutional amendments. The time fixed for trial shall not be more than six months after the impeachment. 2, 1992, filed with the Secretary of State May 7, 1992; adopted 1992. Search site. 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. for S.J.R. Suspensions; filling office during suspensions. 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. Commercial use of a private residence means any time during which the owner, lessee, or other person occupying or controlling the use of the private residence is furnishing in the private residence, or causing or allowing to be furnished in the private residence, child care, adult care, or health care, or any combination thereof, and receiving or expecting to receive compensation therefor. More: Florida Department of State booklet on 2022 proposed amendments. The requirements for eligible properties must be specified by general law. 4, 2018, filed with the Secretary of State May 9, 2018; adopted 2018. Am. 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. The appellate districts shall be those in existence on the date of adoption of this article. This section shall not apply to the use of nets for scientific research or governmental purposes. History.Added, S.J.R. 5, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. This section, originally designated section 18 by S.J.R. 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. The requirement of Section 6, Article IV of this revision shall not apply until July 1, 1969. The effective date and severability provision reads: 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. 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. In establishing legislative district boundaries: No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory. Said Board shall have the power from time to time to issue refunding bonds to mature within the said fifty (50) year period, for any of said outstanding bonds or interest thereon, and to secure them by a pledge of anticipated receipts from such gasoline or other fuel taxes to be distributed to such county as herein provided, but not at a greater rate of interest than said bonds now bear; and to issue, sell or exchange on behalf of any county or unit for the sole purpose of retiring said bonds issued by such county, or special road and bridge district, or other special taxing district thereof, gasoline or other fuel tax anticipation certificates bearing interest at not more than three (3) per cent per annum in such denominations and maturing at such time within the fifty (50) year period as the board may determine. There shall be a single state college system comprised of all public community and state colleges. No justice or judge shall serve after attaining the age of seventy-five years except upon temporary assignment. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. 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. 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. proposed by Constitution Revision Commission, Revision No. The Office of Domestic Security and Counterterrorism shall provide support for prosecutors and federal, state, and local law enforcement agencies that investigate or analyze information relating to attempts or acts of terrorism or that prosecute terrorism, and shall perform any other duties that are provided by law. AMENDMENT 2: Abolishing the Constitution Revision Commission. 2606, 1994; adopted 1994; Am. Comprehensive Statewide Tobacco Education And Prevention Program. COMMISSIONERS. 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. Thereafter, the homestead shall be assessed as provided in this subsection. (e)The State Board may invest any sinking fund or funds created pursuant to this Amendment in direct obligations of the United States of America or in the bonds or motor vehicle tax anticipation certificates, matured or to mature, issued by the State Board on behalf of the Board of Public Instruction of any county. for C.S. Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place. (Pertaining to independent special districts). Transfer of the accrued benefit from specified limitations on homestead property tax assessments; increased portability period. 52-D, 1971; adopted 1972; Am. ss. The resolution or special law may be rescinded or repealed by either procedure after four years. Proposed by Initiative Petition filed with the Secretary of State August 25, 1999; adopted 2000; Am. 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. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer. 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 terms crime and criminal include delinquent acts and conduct. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. 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. The amendments to Sections 3 and 4 of Article VII relating to ad valorem tax exemption for, and assessment of, historic property shall take effect January 1, 1999. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section: Procedures for the issuance and annual renewal of qualifying patient identification cards to people with physician certifications and standards for renewal of such identification cards. The right to be free from intimidation, harassment, and abuse. (d)Capital outlay projects of a county shall be eligible to participate in the funds accruing under this Amendment and derived from the proceeds of bonds and motor vehicle tax anticipation certificates and from the motor vehicle license taxes, only in the order of priority of needs, as shown by a survey or surveys conducted in the county under regulations prescribed by the State Board, to determine the capital outlay needs of the county and approved by the State Board; provided, that the priority of such projects may be changed from time to time upon the request of the Board of Public Instruction of the county and with the approval of the State Board; and provided further, that this Subsection (d) shall not in any manner affect any covenant, agreement, or pledge made by the State Board in the issuance by said State Board of any bonds or motor vehicle tax anticipation certificates, or in connection with the issuance of any bonds of any Board of Public Instruction of any county. 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. VIOLATION OF ORDINANCES. Limiting cruel and inhumane confinement of pigs during pregnancy. Am. A vacancy on the commission shall be filled in the same manner as the original appointment. 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. . Caregiver means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patients medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department. for H.J.R. For the purpose of catching or taking any saltwater finfish, shellfish or other marine animals in Florida waters: No gill nets or other entangling nets shall be used in any Florida waters; and. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. Procedures for the registration of MMTCs that include procedures for the issuance, renewal, suspension and revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety. This prohibition does not apply to the transportation of oil and gas products produced outside of such waters. Proposed by Constitution Revision Commission, Revision No. Further succession to the office of governor shall be prescribed by law. 1709, 1975; adopted 1976; Am. 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. The state board shall also have power, for the purpose of obtaining funds for the use of any county board of public instruction in acquiring, building, constructing, altering, improving, enlarging, furnishing, or equipping capital outlay projects for school purposes, to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipation certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certificates theretofore issued by said state board.
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