No. 1 -- Constitutional Amendment Article XI, Section 7
Article XI of the Florida Constitution is hereby amended by creating a new Section 7
reading as follows:
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.
No. 2 -- Constitutional Amendment Article XI,
Section 2
Note: Number two was proposed by the Florida Legislature and is coded as follows: words
in small italics are deletions; words in bold are
additions.
SECTION 2. Revision commission.--
(a) Within thirty days after the adjournment of the 1997 regular session of the
legislature convened in the tenth year following that in which this
constitution is adopted, 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 chairman. Vacancies
in the membership of the commission shall be filled in the same manner as the original
appointments.
(c) Each constitution revision commission shall convene at the call of its chairman, adopt
its rules of procedure, examine the constitution of the state, except
for matters relating directly to taxation or the state budgetary process that are to be
reviewed by the taxation and budget reform commission established in section 6,
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.
No. 3 -- Constitutional Amendment Article V,
Sections 11 and 12
Note: Number three was proposed by the Florida Legislature and is coded as follows:
words in small italics are deletions; words in bold
are additions.
ARTICLE V
JUDICIARY
SECTION 11. Vacancies.--
(a) The governor shall fill each vacancy on the supreme court or on a
district court of appeal 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 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 him.
(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.
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 reprimand 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 a
reprimand. 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.(1) 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.(2) Four Two
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.(3) 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)(b) 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 justice or judge
shall be eligible for state judicial office while acting as so
long as he is 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 participate in his own campaign for judicial
office and hold that office. The commission shall elect one of its members as its chairperson
chairman.
(3)(c) 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)(d) 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 commission 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 commission
with said clerk of such formal charges against a justice or judge such charges and all
further proceedings before the commission shall be public. The
commission may with seven members concurring recommend to the supreme court the temporary
suspension of any justice or judge against whom formal charges are pending.
(5)(e) 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 (f) Upon
recommendation of two-thirds of the members of the judicial qualifications commission, the
supreme court may order that the justice or judge be subjected to
appropriate discipline, disciplined by appropriate reprimand,
or be removed from office with termination of compensation for willful or persistent
failure to perform judicial his 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 his 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 commission, 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)(g) The power of removal conferred by this section
shall be both alternative and cumulative to the power of impeachment and
to the power of suspension by the governor and removal by the senate.
(e)(h) 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)(i) 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.(1) 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 on January 1, 1975 and new members
shall be appointed to serve the following staggered terms:
1.a. Group I.--The terms of five members, composed of
two electors as set forth in s. 12(a)(1)c. 12(a)(3)
of Article V, one member of the bar of Florida as set forth in s. 12(a)(1)b. 12(a)(2) of Article V, one judge from the district courts of
appeal and one circuit judge as set forth in s. 12(a)(1)a. 12(a)(1)
of Article V, shall expire on December 31, 1998 1976.
2.b. Group II.--The terms of five four members, composed of one elector as set forth in s. 12(a)(1)c.
12(a)(3) of Article V, one member of the bar of Florida as
set forth in s. 12(a)(1)b. 12(a)(2) of Article V, one
circuit judge and one county judge as set forth in s. 12(a)(1)a. 12(a)(1)
of Article V shall expire on December 31, 2000 1978.
3.c. Group III.--The terms of five four members, composed of two electors as set forth in s. 12(a)(1)c.
12(a)(3) 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. 12(a)(1)
of Article V, shall expire on December 31, 2002 1980.
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.
(2) The 1976 amendment to section 12 of Article V, if submitted at
a special election, shall take effect upon approval by the electors of Florida.
No. 4 -- Constitutional Amendment Article VII,
Section 9
- (a) Article VII, Section 9 is amended by a new subsection (c) at the end thereof, to
read:
- (c) The South Florida Water Management District, or its successor agency, shall levy a
fee, to be called the Everglades Sugar Fee, of one cent per pound of raw sugar, assessed
against each first processor, from sugarcane grown in the Everglades Agricultural Area.
The Everglades Sugar Fee is imposed to raise funds to be used, consistent with statutory
law, for purposes of conservation and protection of natural resources and abatement of
water pollution in the Everglades Protection Area and the Everglades Agricultural Area,
pursuant to the policy of the state in Article II, Section 7.
- (2) The Everglades Sugar Fee shall expire twenty-five years from the effective date of
this subsection.
- (3) For purposes of this subsection, the terms "South Florida Water Management
District," "Everglades Agricultural Area," and "Everglades Protection
Area" shall have the meanings as defined in statutes in effect on January 1, 1996.
- (b) This subsection shall take effect on the day after approval by the electors. If any
portion or application of this measure is held invalid for any reason, the remaining
portion or application, to the fullest extent possible, shall be severed from the void
portion and given the fullest possible force and application.
No. 5 -- Constitutional Amendment Article II,
Section 7
- (a) The Constitution currently provides, in Article II, Section 7, the authority for the
abatement of water pollution. It is the intent of this amendment that those who cause
water pollution within the Everglades Agricultural Area or the Everglades Protection Area
shall be primarily responsible for paying the costs of abatement of that pollution.
- (b) Article II, Section 7 is amended by inserting (a) immediately before the current
text, and adding a new subsection (b) at the end thereof, to read:
- (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.
No. 6 -- Constitutional Amendment Article X,
Section 17
- (a) Article X is amended by adding a new section 17 at the end thereof, to read:
- 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.
- (b) If any portion or application of this measure is held invalid for any reason, the
remaining portion or application, to the fullest extent possible, shall be severed from
the void portion and given the fullest possible force and effect.
No. 1 --
Constitutional Amendment Article XI, Section 7 (Initiative)