HJR 947 full text · Session Watch

1 House Joint Resolution

2 A joint resolution proposing amendments to Section 24

3 of Article I, Section 2 of Article II, Sections 1, 2,

4 3, 4, 6, 8, 15, 16, 17, and 19 of Article III,

5 Sections 1, 2, 3, 4, 5, 6, and 7 of Article IV,

6 Section 11 of Article V, Section 4 of Article VII,

7 Section 1 of Article VIII, Section 7 of Article IX,

8 and Sections 1, 3, and 5 Article XI, and the creation

9 of Sections 14, 15, 16, and 17 of Article IV, Section

10 8 of Article VII, and a new section of Article XII of

11 the State Constitution to move the seat of state

12 government; revise the size and procedures of the

13 Legislature; create new procedures for redistricting,

14 vacancies, and appointments; revise the amendment

15 process; create new cabinet positions; reorganize

16 duties of the cabinet; allow recall elections; allow

17 counties to become charter counties; and create a

18 number of elected boards to provide oversight of the

19 Governor, taxation, public utilities, and state

20 universities.

22 Be It Resolved by the Legislature of the State of Florida:

24 That the following amendments to Section 24 of Article I,

25 Section 2 of Article II, Sections 1, 2, 3, 4, 6, 8, 15, 16, 17,

26 and 19 of Article III, Sections 1, 2, 3, 4, 5, 6, and 7 of

27 Article IV, Section 11 of Article V, Section 4 of Article VII,

28 Section 1 of Article VIII, Section 7 of Article IX, and Sections

29 1, 3, and 5 Article XI, and the creation of Sections 14, 15, 16,

30 and 17 of Article IV, Section 8 of Article VII, and a new

31 section of Article XII of the State Constitution are agreed to

32 and shall be submitted to the electors of this state for

33 approval or rejection at the next general election or at an

34 earlier special election specifically authorized by law for that

35 purpose:

36 ARTICLE I

37 DECLARATION OF RIGHTS

38 SECTION 24. Access to public records and meetings.—

39 (a) Every person has the right to inspect or copy any

40 public record made or received in connection with the official

41 business of any public body, officer, or employee of the state,

42 or persons acting on their behalf, except with respect to

43 records exempted pursuant to this section or specifically made

44 confidential by this Constitution. This section specifically

45 includes the legislative, executive, and judicial branches of

46 government and each agency or department created thereunder;

47 counties, municipalities, and districts; and each constitutional

48 officer, board, and commission, or entity created pursuant to

49 law or this Constitution.

50 (b) All meetings of any collegial public body of the

51 executive branch of state government or of any collegial public

52 body of a county, municipality, school district, or special

53 district, at which official acts are to be taken or at which

54 public business of such body is to be transacted or discussed,

55 shall be open and noticed to the public and meetings of the

56 legislature shall be open and noticed as provided in Article

57 III, Section 4(e), except with respect to meetings exempted

58 pursuant to this section or specifically closed by this

59 Constitution.

60 (c) This section shall be self-executing. The legislature,

61 however, may provide by general law passed by a two-thirds vote

62 of each house for the exemption of records from the requirements

63 of subsection (a) and the exemption of meetings from the

64 requirements of subsection (b), provided that such law shall

65 state with specificity the public necessity justifying the

66 exemption and shall be no broader than necessary to accomplish

67 the stated purpose of the law. Any exemption passed by the

68 legislature must expire and be repealed after six years unless

69 two-thirds of the membership of each house votes to continue the

70 exemption for another six years. The legislature shall enact

71 laws governing the enforcement of this section, including the

72 maintenance, control, destruction, disposal, and disposition of

73 records made public by this section, except that each house of

74 the legislature may adopt rules governing the enforcement of

75 this section in relation to records of the legislative branch.

76 Laws enacted pursuant to this subsection shall contain only

77 exemptions from the requirements of subsections (a) or (b) and

78 provisions governing the enforcement of this section, and shall

79 relate to one subject.

80 (d) All laws that are in effect on July 1, 1993 that limit

81 public access to records or meetings shall remain in force, and

82 such laws apply to records of the legislative and judicial

83 branches, until they are repealed. Rules of court that are in

84 effect on the date of adoption of this section that limit access

85 to records shall remain in effect until they are repealed.

86 ARTICLE II

87 GENERAL PROVISIONS

88 SECTION 2. Seat of government.—The seat of government

89 shall, by January 1, 2043, be located within 100 miles of the

90 population center of the state, as determined by the decennial

91 census of 2020. ~~the City of Tallahassee, in Leon County, where~~

92 The offices of the governor, lieutenant governor, cabinet

93 members and the supreme court shall be maintained and the

94 sessions of the legislature shall be held within the seat of

95 government; provided that, in time of invasion or grave

96 emergency, the governor by proclamation may for the period of

97 the emergency transfer the seat of government to another place.

98 ARTICLE III

99 LEGISLATURE

100 SECTION 1. Composition.—The legislative power of the state

101 shall be vested in a legislature of the State of Florida,

102 consisting of a senate composed of one senator elected from each

103 senatorial district and a house of representatives composed of

104 one member elected from each representative district. There

105 shall be enough districts so that there is at least one

106 senatorial district for each four hundred thousand residents of

107 the state and at least one representative district for each one

108 hundred and twenty five thousand residents of the state.

109 SECTION 2. Members; officers; staff.—Each house shall be

110 the sole judge of the qualifications, elections, and returns of

111 its members, and ~~shall~~ biennially choose its officers, including

112 a permanent presiding officer selected from its membership, who

113 shall be designated in the senate as President of the Senate,

114 and in the house as Speaker of the House of Representatives,

115 each of whom shall serve at the pleasure of the respective

116 house. Each house shall also designate an alternate presiding

117 officer who shall preside in the absence of the presiding

118 officer and who shall be designated as the officer pro tempore.

119 The presiding officer shall preside over sessions of his or her

120 respective house of the legislature and may vote, but shall

121 serve no other role and may not introduce legislation. Committee

122 chairs shall be considered officers. A member may not serve in

123 more than one legislative officer position at a time. A

124 legislative officer may be removed from his or her position at

125 any time by a majority vote of the respective house. Each house

126 shall designate an executive director who shall be responsible

127 for administration of the respective house and who shall serve

128 at the pleasure of the respective house. Once every ten years

129 the members shall designate a parliamentarian by a three-fifths

130 vote of each chamber. The parliamentarian may only be removed

131 for cause by a two-thirds vote of each chamber. The senate shall

132 designate a Secretary to serve at its pleasure, and the house of

133 representatives shall designate a Clerk to serve at its

134 pleasure. Each member shall receive an annual salary equal to

135 the United States Census Bureau's reported median household

136 income for the state. Each member of the house of

137 representatives shall have a minimum of three full-time

138 employees to serve as staff. Each member of the senate shall

139 have a minimum of five full-time employees to serve as staff.

140 Members are solely and exclusively responsible for decisions

141 concerning the member's staff. Staff must pass a civil service

142 test created for the legislature. Members shall be provided

143 office space in the seat of government and in the district he or

144 she represents. Each member shall be provided funds equal to the

145 number of staff such member has multiplied by the statewide

146 average median salary for paying staff. The pay disparity

147 between individual staff of a member may not be more than thirty

148 percent. The member must have one employee work from the office

149 located in the seat of government. Within thirty days after

150 being sworn to office, each member must complete training on the

151 constitution, legislative rules, and budget procedures. The

152 training must take place in person and may not be partisan. Each

153 year each member shall be provided with funds equal to seventy

154 percent of the statewide average median salary to use to

155 purchase resources necessary for his or her work. Any unspent

156 funds must be returned by the end of the year. ~~The legislature~~

157 ~~shall appoint an auditor to serve at its pleasure who shall~~

158 ~~audit public records and perform related duties as prescribed by~~

159 ~~law or concurrent resolution.~~

160 SECTION 3. Sessions of the legislature.—

161 (a) ORGANIZATION SESSIONS. On the fourteenth day

162 following each general election the legislature shall convene

163 for the exclusive purpose of organization and selection of

164 officers, including legislative committee chairs, except that in

165 years during which the fourteenth day following the general

166 election falls during the same calendar week as Thanksgiving,

167 the legislature shall convene on the twenty-second day following

168 the general election.

169 (b) REGULAR SESSIONS. A regular session of the

170 legislature shall convene on March 1 and September 10 of each

171 ~~the first Tuesday after the first Monday in March of each odd-~~

172 ~~numbered year, and on the second Tuesday after the first Monday~~

173 ~~in January of each even-numbered~~ year.

174 (c) SPECIAL SESSIONS.

175 (1) The governor, with the advice of the executive

176 council, by proclamation stating the purpose, may convene the

177 legislature in special session during which only such

178 legislative business may be transacted as is within the purview

179 of the proclamation, or of a communication from the governor, or

180 is introduced by consent of two-thirds of the membership of each

181 house.

182 (2) A special session of the legislature may be convened

183 by joint resolution passed by a three-fifths vote of the

184 membership of each house. The only legislative business that may

185 be transacted is that which is contained in the joint resolution

186 ~~as provided by law.~~

187 (d) LENGTH OF SESSIONS. A regular session of the

188 legislature shall not exceed sixty consecutive days, and a

189 special session shall not exceed twenty consecutive days, unless

190 extended beyond such limit by a three-fifths vote of each house.

191 During such an extension no new business may be taken up in

192 either house without the consent of two-thirds of its

193 membership.

194 (e) ADJOURNMENT. Neither house shall adjourn for more

195 than seventy-two consecutive hours except pursuant to concurrent

196 resolution.

197 (f) ADJOURNMENT BY GOVERNOR. If, during any regular or

198 special session, the two houses cannot agree upon a time for

199 adjournment, the governor, with the advice of the executive

200 council, may adjourn the session sine die or to any date within

201 the period authorized for such session; provided that, at least

202 twenty-four hours before adjourning the session, and while

203 neither house is in recess, each house shall be given formal

204 written notice of the governor's intention to do so, and

205 agreement reached within that period by both houses on a time

206 for adjournment shall prevail.

207 SECTION 4. Quorum and procedure.—

208 (a) Fifty-five percent ~~A majority~~ of the membership of

209 each house shall constitute a quorum, but a smaller number may

210 adjourn from day to day and compel the presence of absent

211 members in such manner and under such penalties as it may

212 prescribe. Each house shall determine its rules of procedure;

213 however:

214 (1) There may be no rule to manage time or to limit the

215 maximum amount of time which may be spent debating a bill on the

216 floor. Bills concerning appropriations, taxes, or amendments to

217 the constitution must have a minimum of four hours of debate on

218 the floor of each house. Members introducing a germane amendment

219 on the floor must be allowed to speak for no more than two

220 minutes and members rising in support of such amendments to

221 speak for no more than one minute.

222 (2) Multiple amendments may not be considered in a single

223 vote unless four-fifths of the membership agrees to such a vote.

224 (3) The sponsor of a bill that has been in possession of a

225 legislative committee for at least thirty days without being

226 heard may petition for the bill to be discharged from the

227 committee upon the agreement of a majority of the membership of

228 the house in which such committee is located.

229 (4) A strike-all amendment must be filed at least seventy-

230 two hours before a vote and must include a summary of no more

231 than two hundred fifty words of the differences between the

232 strike-all amendment and the original bill. The summary must be

233 written in a manner able to be read and understood at a high

234 school level.

235 (5) A final vote on the floor may only be scheduled after

236 1 A.M. or before 5 A.M. if such vote is agreed to by two-thirds

237 of the membership or is necessary to prevent a government

238 shutdown.

239 (6) A bill being heard on the floor must be publicly

240 posted on the internet at least seventy-two hours before such

241 bill is voted on, unless the bill is the general appropriations

242 act or a bill implementing such act, in which case the bill must

243 be posted at least ninety-six hours before the final vote. The

244 posted version of the general appropriations act and any bills

245 involving a tax or fee must include line-item explanations and

246 note any impact on existing programs. A conference report

247 involving the general appropriations act must be publicly posted

248 on the internet at least ninety-six hours before a final vote.

249 An amendment to a bill must be publicly posted on the internet

250 at least twelve hours before such bill is voted on.

251 Appropriations may not be added by amendments; however, an

252 amendment may remove an appropriation from a bill.

253 (7) Before a bill is placed on second reading, a summary

254 must be prepared by staff describing the changes that would

255 result from each provision that is added to or removed from

256 existing law.

257 (8) Floor debate on a bill may be ended and a vote held

258 upon the agreement of three-fifths of the total membership of

259 the house holding floor debate.

260 (b) Sessions of each house shall be public. Public

261 sessions of each house and all committee meetings must be live

262 streamed on the internet as the meetings are happening and

263 archived on the internet in a manner that is accessible to the

264 public and include English and Spanish transcripts of the

265 meetings in a machine readable format. Videos of votes on the

266 floor of each house must be posted on the internet within

267 twenty-four hours and transcripts thereof must be available

268 within one month after such vote; ~~except sessions of the senate~~

269 ~~when considering appointment to or removal from public office~~

270 ~~may be closed.~~

271 (c) Each house shall keep and publish a journal of its

272 proceedings; and ~~upon the request of five members present,~~ the

273 vote of each member voting on any question shall be entered on

274 the journal. In any legislative committee or subcommittee, the

275 vote of each member voting on the final passage of any

276 legislation pending before the committee, and ~~upon the request~~

277 ~~of any two members of the committee or subcommittee,~~ the vote of

278 each member on any other question, shall be recorded.

279 (d) Each house may punish a member for contempt or

280 disorderly conduct and, by a two-thirds vote of its membership,

281 may expel a member.

282 (e) The rules of procedure of each house shall provide

283 that all legislative committee and subcommittee meetings of each

284 house, and joint conference committee meetings, shall be open

285 and noticed to the public. Committees must meet at least once

286 each month, except for June, July, and December. The rules of

287 procedure of each house shall further provide that all

288 prearranged gatherings, between more than two members of the

289 legislature, or between the governor, the president of the

290 senate, or the speaker of the house of representatives, the

291 purpose of which is to agree upon formal legislative action that

292 will be taken at a subsequent time, or at which formal

293 legislative action is taken, regarding pending legislation or

294 amendments, shall be reasonably open to the public. All open

295 meetings shall be subject to order and decorum. This section

296 shall be implemented and defined by the rules of each house, and

297 such rules shall control admission to the floor of each

298 legislative chamber and may, where reasonably necessary for

299 security purposes or to protect a witness appearing before a

300 committee, provide for the closure of committee meetings. Each

301 house shall be the sole judge for the interpretation,

302 implementation, and enforcement of this section.

303 (f) Each committee shall have nonpartisan staff that

304 includes an attorney and analysts. The staff must pass a civil

305 service test created for the legislature. Each bill heard by a

306 committee must have a staff analysis written in a manner able to

307 be read and understood at an eighth grade level.

308 (g) An office of bill drafting and research is created

309 within each house of the legislature to provide confidential

310 drafting services to members. The offices must be nonpartisan.

311 (h) All filed bills and amendments must be posted to the

312 internet. Bills and amendments must be coded with new language

313 underlined and previous language struck out. The posting must be

314 in a format that is machine readable.

315 (i) If two hundred and fifty thousand registered electors

316 in the state, including at least one thousand electors located

317 in forty percent of the legislative districts, sign a petition

318 requesting that a bill be heard in committee, the committee in

319 each house in possession of such bill must consider the bill at

320 the next regular meeting of such committee. However, if such

321 bill is a local bill the petition must instead be signed by ten

322 percent of the number of electors who voted in the most recent

323 general election.

324 (j) Employees of the legislature must complete the same

325 training required of members under Section 2 within sixty days

326 after being hired.

327 (k)(1) Each house shall be composed of, at a minimum, the

328 following legislative committees:

329 a. Appropriations.

330 b. Commerce.

331 c. Education and employment.

332 d. Health and human services.

333 e. Infrastructure.

334 f. Judiciary.

335 g. Rules.

336 h. State affairs.

337 i. Ways and means.

338 j. Executive branch oversight.

339 (2) Each legislative committee shall have prescribed and

340 nonoverlapping jurisdiction.

341 (3) Each house may by rule create subcommittees that are

342 subordinate to the legislative committees set forth in

343 subsection (1). However, the total number of legislative

344 committees and subcommittees in each house may not exceed

345 thirty. A bill passed by a subcommittee must be referred to the

346 legislative committee to which it is subordinate.

347 (4) Within each house, each member shall serve on the same

348 number of legislative committees, including subcommittees.

349 However, the president of the senate and the speaker of the

350 house of representatives may not serve on any legislative

351 committee and a member of the legislature who chairs a

352 legislative committee may only serve on that legislative

353 committee and any subordinate subcommittee of such legislative

354 committee.

355 (5) The political party affiliations of members of the

356 legislative committees and subcommittees of each house shall be

357 proportional to the political party affiliations of the

358 respective house as a whole.

359 (l) The secretary of the senate and the clerk of the house

360 of representatives, respectively, shall assign each bill to an

361 appropriate legislative committee of the respective house,

362 except that such house may by majority vote reassign any bill to

363 a different legislative committee.

364 (m) Each legislative committee agenda shall be proposed by

365 the chair and voted upon, subject to amendment, at the preceding

366 meeting. Any amendments to legislation placed on a legislative

367 committee agenda must be filed at least fourteen days, and

368 amendments to amendments and substitute amendments must be filed

369 at least seven days, before the meeting at which the legislation

370 is to be considered. However, late-filed amendments, amendments

371 to amendments, and substitute amendments may be considered upon

372 a two-thirds vote of the committee.

373 (n) Each bill must be passed by a majority of the members

374 of one or more committees before being considered on the floor

375 of either house.

376 (o) The agenda for each floor session shall be proposed by

377 the chair of the rules committee and voted upon, subject to

378 amendment, at the preceding meeting. Late-filed amendments,

379 amendments to amendments, and substitute amendments may be

380 considered upon a two-thirds vote of the respective house.

381 (p) A bill that has been placed on a committee agenda or

382 the agenda for the floor session of either house may only be

383 removed from consideration at that meeting or session due to the

384 absence or request of the main sponsor or upon a majority vote

385 of the members of the respective body.

386 (q) A bill that is not withdrawn from consideration by the

387 bill sponsor shall remain available for consideration and

388 placement on a legislative agenda until a general election

389 occurs.

390 (r) In all events, members shall be recognized in debate

391 in the order in which requests are received, and the order of

392 members recognized to debate shall be displayed in the

393 respective house during the debate and shall be accessible to

394 members through an electronic system. No attempt may be made by

395 the presiding officer or any other individual to influence the

396 order of the debate or to divide the time for debate between

397 members supporting or opposing the bill. Notwithstanding the

398 foregoing provisions of this subsection, each member may

399 exercise the right to speak upon any single measure, without

400 limitation, for up to five minutes, on the floor of the

401 respective house during a period designated by the presiding

402 officer.

403 SECTION 6. Laws.—Every law shall embrace but one subject

404 and matter properly connected therewith, and the subject shall

405 be briefly expressed in the title. Each title must include a

406 summary that does not exceed two hundred fifty words written in

407 a manner able to be read and understood at a college level. No

408 law shall be revised or amended by reference to its title only.

409 Laws to revise or amend shall set out in full the revised or

410 amended act, section, subsection or paragraph of a subsection.

411 The enacting clause of every law shall read: "Be It Enacted by

412 the Legislature of the State of Florida:".

413 SECTION 8. Executive approval and veto.—

414 (a) Every bill passed by the legislature shall be

415 presented to the governor for approval and shall become a law if

416 the governor approves and signs it, or fails to veto it within

417 seven consecutive days after presentation. If during that period

418 or on the seventh day the legislature adjourns sine die or takes

419 a recess of more than thirty days, the governor shall have

420 fifteen consecutive days from the date of presentation to act on

421 the bill. In all cases except general appropriation bills, the

422 veto shall extend to the entire bill. Except for specific

423 appropriations directed to the legislative branch, the governor

424 may veto any specific appropriation in a general appropriation

425 bill, but may not veto any qualification or restriction without

426 also vetoing the appropriation to which it relates.

427 (b) When a bill or any specific appropriation of a general

428 appropriation bill has been vetoed, the governor shall transmit

429 signed objections thereto to the house in which the bill

430 originated if in session. If that house is not in session, the

431 governor shall file them with the custodian of state records,

432 who shall lay them before that house at its next regular or

433 special session, whichever occurs first, and they shall be

434 entered on its journal. If the originating house votes to re-

435 enact a vetoed measure, whether in a regular or special session,

436 and the other house does not consider or fails to re-enact the

437 vetoed measure, no further consideration by either house at any

438 subsequent session may be taken. If a vetoed measure is

439 presented at a special session and the originating house does

440 not consider it, the measure will be available for consideration

441 at any intervening special session and until the end of the next

442 regular session.

443 (c) If each house shall, by a two-thirds vote, re-enact

444 the bill or reinstate the vetoed specific appropriation of a

445 general appropriation bill, the vote of each member voting shall

446 be entered on the respective journals, and the bill shall become

447 law or the specific appropriation reinstated, the veto

448 notwithstanding.

449 SECTION 15. Terms and qualifications of legislators.—

450 (a) SENATORS. Senators shall be elected for terms of four

451 years, those from odd-numbered districts in the years the

452 numbers of which are multiples of four and those from even-

453 numbered districts in even-numbered years the numbers of which

454 are not multiples of four; except, at the election next

455 following a reapportionment, some senators shall be elected for

456 terms of two years when necessary to maintain staggered terms.

457 (b) REPRESENTATIVES. Members of the house of

458 representatives shall be elected for terms of two years in each

459 even-numbered year.

460 (c) QUALIFICATIONS. Each legislator shall be at least

461 twenty-one years of age, an elector and resident of the district

462 from which elected and shall have resided in the state for a

463 period of two years prior to election.

464 (d) ASSUMING OFFICE; VACANCIES. Members of the

465 legislature shall take office upon election. Unless the office

466 become vacant less than one hundred eighty days before a general

467 election, vacancies in legislative office shall be filled only

468 by a special election held no more than one hundred twenty days

469 after the office became vacant ~~as provided by law.~~

470 SECTION 16. Legislative apportionment.—

471 (a) INDEPENDENT REDISTRICTING COMMISSIONS. The state

472 shall be apportioned by three independent redistricting

473 commissions, one each for the senatorial, representative, and

474 congressional redistricting process.

475 (1)a. Each redistricting commission shall establish a

476 screening panel consisting of thirty-seven members. The

477 president of the senate, the speaker of the house of

478 representatives, the minority leader of the house of

479 representatives, and the minority leader of the senate shall

480 each appoint nine members. The chief justice of the supreme

481 court shall appoint one member.

482 b. To apply for a commissioner position, an applicant must

483 have voted in two out of the last three presidential elections

484 and two out of the last three gubernatorial elections. The

485 following persons may not apply for a commissioner position or

486 serve as commissioner:

487 1. A person who is currently serving, or who has served,

488 in an office or position which is filled by vote of the

489 electors.

490 2. A person who, within the past fourteen years, has been

491 a party officer, a registered lobbyist, or paid while working as

492 part of a campaign staff, or has worked for the executive office

493 of the governor.

494 3. A person who, within the past eighteen years, has

495 worked for the legislature.

496 4. A parent, spouse, child, sibling, parent-in-law, child-

497 in-law, or sibling-in-law of, or a cohabitating member of a

498 household, of a person in sub-subparagraphs 1. through 3.

499 c. After review, the screening panel shall select for

500 further consideration fifteen applicants from each of the

501 following categories:

502 1. Applicants who are registered members of the political

503 party that received the most votes in the last statewide

504 election.

505 2. Applicants who are registered members of the political

506 party that received the second-most votes in the last statewide

507 election.

508 3. Applicants who are registered as independent or members

509 of a minor political party.

511 The screening panel shall ensure the selected applicants are, as

512 a whole, representative of the racial, ethnic, geographic, and

513 gender diversity of the state.

514 (2)a. The president of the senate, the speaker of the

515 house of representatives, the minority leader of the senate, and

516 the minority leader of the house of representatives may each

517 strike two applicants from each of the categories described in

518 subparagraphs (1)b.1. through 3.

519 b. The screening panel shall then randomly draw five

520 applicants from each of the categories described in

521 subparagraphs (1)b.1 through 3. to create each final independent

522 redistricting commission.

523 (3) The terms of the initial group of commissioners shall

524 begin in 2027. Each commissioner shall serve a ten-year term and

525 may not serve consecutive terms. A person running for office may

526 not have served on the commission that drew the district for

527 that office during his or her term or within ten years after the

528 promulgation of those maps.

529 (4) A member of the commission shall receive compensation

530 fixed at the legislative per diem rate during commission travel

531 and meetings and shall be allowed all reasonable and necessary

532 expenses incurred in the performance of his or her duties.

533 (5)a. All meetings shall take place in person and be

534 streamed on a publicly available website.

535 b. All records and documents of the commission, including

536 a person or group performing delegated functions of the

537 commission or advising the commission, related to the

538 commission's work shall be considered public record. This

539 includes internal communications of the commission and

540 communications made to the commission.

541 c. Commissioners, staff of the commission, and any other

542 advisor or consultant to the commission may only communicate

543 with a person outside the commission about matters related to

544 reapportionment in a public meeting or hearing. This does not

545 include written public comments submitted to the commission,

546 staff of the commission, or any other advisor or consultant to

547 the commission.

548 (6) If the commission hires legal counsel the commission

549 as an entity shall be considered the client.

550 (7) The commission shall establish and maintain a public

551 website or other equivalent electronic platform to share

552 information about the commission's activities. Prior to voting

553 on any proposed plan, the commission must publish the proposed

554 plan to the website. The website must:

555 a. Be capable of receiving comments and proposals by

556 citizens of the state.

557 b. Include a public submission portal for map drawing,

558 which shall open on the website on January 1 of a year ending in

559 one.

560 c. Include all data used by the commission in the drawing

561 of districts. Such data, including census data, precinct maps,

562 election results, and shapefiles, shall be posted to the website

563 within three days after receipt by the commission.

564 (b) DISTRICT MAPS.

565 (1) Each commission shall reapportion the state by

566 creating three district maps. Each map shall be drawn according

567 to Sections 20 and 21 of Article III.

568 (2) The commission shall adopt three final district maps.

569 The maps must be approved by at least two-thirds of the

570 commissioners, including at least two commissioners registered

571 as independent or minor party affiliates.

572 (3) Before adopting a final map, the commission must hold

573 at least two public hearings in each state appellate district

574 and at least two public hearings in each county with a

575 population of 1 million or more to seek public input. All

576 meetings and hearings held by the commission shall be adequately

577 advertised and planned to ensure the public is able to attend

578 and participate fully. Meetings and hearings must have

579 advertisements in, at minimum, in English, Spanish, Haitian

580 Creole, and Portuguese.

581 (c)(a) SENATORIAL AND REPRESENTATIVE DISTRICTS. The

582 legislature ~~at its regular session in the second year following~~

583 ~~each decennial census,~~ by joint resolution approved by a

584 majority vote of each chamber, shall adopt one of the maps

585 created by the commission to apportion the state in accordance

586 with the constitution of the state and of the United States into

587 ~~not less than thirty nor more than forty~~ consecutively numbered

588 senatorial districts of either contiguous, overlapping or

589 identical territory, and into ~~not less than eighty nor more than~~

590 ~~one hundred twenty~~ consecutively numbered representative

591 districts of either contiguous, overlapping or identical

592 territory. A map from the commission may be amended by the

593 legislature only if the amendment is approved by a three-

594 quarters vote of each chamber. The legislature must adopt a

595 final map by the earlier of July 1st of a year ending in one or

596 sixty days after receipt of census data. The legislature shall

597 be barred from all other involvement. The legislature may

598 authorize an extension until December 15 in the event of an

599 extraordinary circumstance. As used in this subsection, an

600 "extraordinary circumstance" means an invasion of the state by a

601 hostile foreign power and recognized as such by an act of

602 Congress, a pandemic declared as such by the President of the

603 United States, or a natural disaster declared as such by the

604 President of the United States ~~Should that session adjourn~~

605 ~~without adopting such joint resolution, the governor by~~

606 ~~proclamation shall reconvene the legislature within thirty days~~

607 ~~in special apportionment session which shall not exceed thirty~~

608 ~~consecutive days, during which no other business shall be~~

609 ~~transacted, and it shall be the mandatory duty of the~~

610 ~~legislature to adopt a joint resolution of apportionment.~~

611 (d)(b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL MAP

612 SELECTION ~~REAPPORTIONMENT.~~ In the event ~~a special apportionment~~

613 ~~session of~~ the legislature fails to adopt ~~finally adjourns~~

614 ~~without adopting~~ a joint resolution of apportionment, the

615 supreme court shall select the most compact map out of the three

616 submitted without amendment. The supreme court may hire up to

617 two special masters for assistance with the selection ~~the~~

618 ~~attorney general shall, within five days, petition the supreme~~

619 ~~court of the state to make such apportionment. No later than the~~

620 ~~sixtieth day after the filing of such petition, the supreme~~

621 ~~court shall file with the custodian of state records an order~~

622 ~~making such apportionment.~~

623 (e)(c) LEGAL CHALLENGES TO ~~JUDICIAL REVIEW OF~~

624 APPORTIONMENT. ~~Within fifteen days after the passage of the~~

625 ~~joint resolution of apportionment, the attorney general shall~~

626 ~~petition~~ The supreme court of the state shall have original and

627 exclusive jurisdiction of any case ~~for a declaratory judgment~~

628 determining the validity of the apportionment. The supreme

629 court, in accordance with its rules, shall permit adversary

630 interests to present their views and, within thirty days from

631 the filing of the petition, shall enter its judgment. A justice

632 who has a close relationship with a member of the United States

633 Congress or of the legislature has a conflict of interest in the

634 case and may not participate in any hearing or decision related

635 to a case brought under this subsection. As used in this

636 subsection, "close relationship" means a parent, spouse, child,

637 sibling, parent-in-law, child-in-law, or sibling-in-law of, or a

638 cohabitating member of a household with a member of the United

639 States Congress or of the legislature.

640 (f)(d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY

641 APPORTIONMENT SESSION. A judgment of the supreme court of the

642 state determining the apportionment to be valid shall be binding

643 upon all the citizens of the state. Should the supreme court

644 determine that the apportionment made by the legislature is

645 invalid, the governor by proclamation shall reconvene the

646 independent redistricting commissions to determine and propose a

647 reapportionment plan to remedy the unlawful or unconstitutional

648 district in a manner that minimally interferes with other

649 districts ~~legislature within five days thereafter in~~

650 ~~extraordinary apportionment session which shall not exceed~~

651 ~~fifteen days, during which the legislature shall adopt a joint~~

652 ~~resolution of apportionment conforming to the judgment of the~~

653 ~~supreme court.~~

654 ~~(e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF~~

655 ~~APPORTIONMENT. Within fifteen days after the adjournment of an~~

656 ~~extraordinary apportionment session, the attorney general shall~~

657 ~~file a petition in the supreme court of the state setting forth~~

658 ~~the apportionment resolution adopted by the legislature, or if~~

659 ~~none has been adopted reporting that fact to the court.~~

660 ~~Consideration of the validity of a joint resolution of~~

661 ~~apportionment shall be had as provided for in cases of such~~

662 ~~joint resolution adopted at a regular or special apportionment~~

663 ~~session.~~

664 ~~(f) JUDICIAL REAPPORTIONMENT. Should an extraordinary~~

665 ~~apportionment session fail to adopt a resolution of~~

666 ~~apportionment or should the supreme court determine that the~~

667 ~~apportionment made is invalid, the court shall, not later than~~

668 ~~sixty days after receiving the petition of the attorney general,~~

669 ~~file with the custodian of state records an order making such~~

670 ~~apportionment.~~

671 SECTION 17. Impeachment.—

672 (a) The governor, lieutenant governor, members of the

673 cabinet, members of the executive council, members of the board

674 of equalization, members of the board of control, members of the

675 board of utility directors, justices of the supreme court,

676 judges of district courts of appeal, judges of circuit courts,

677 and judges of county courts shall be liable to impeachment for

678 misdemeanor in office. The house of representatives by two-

679 thirds vote shall have the power to impeach an officer. The

680 speaker of the house of representatives shall have power at any

681 time to appoint a committee to investigate charges against any

682 officer subject to impeachment.

683 (b) An officer impeached by the house of representatives

684 shall be disqualified from performing any official duties until

685 acquitted by the senate, and, unless impeached, the governor may

686 by appointment fill the office until completion of the trial.

687 (c) All impeachments by the house of representatives shall

688 be tried by the senate. The chief justice of the supreme court,

689 or another justice designated by the chief justice, shall

690 preside at the trial, except in a trial of the chief justice, in

691 which case the governor shall preside. The senate shall

692 determine the time for the trial of any impeachment and may sit

693 for the trial whether the house of representatives be in session

694 or not. The time fixed for trial shall not be more than six

695 months after the impeachment. During an impeachment trial

696 senators shall be upon their oath or affirmation. No officer

697 shall be convicted without the concurrence of two-thirds of the

698 members of the senate present. Judgment of conviction in cases

699 of impeachment shall remove the offender from office and, in the

700 discretion of the senate, may include disqualification to hold

701 any office of honor, trust or profit. Conviction or acquittal

702 shall not affect the civil or criminal responsibility of the

703 officer.

704 SECTION 19. State Budgeting, Planning and Appropriations

705 Processes.—

706 (a) ANNUAL BUDGETING.

707 (1) General law shall prescribe the adoption of annual

708 state budgetary and planning processes and require that detail

709 reflecting the annualized costs of the state budget and

710 reflecting the nonrecurring costs of the budget requests shall

711 accompany state department and agency legislative budget

712 requests, the governor's recommended budget, and appropriation

713 bills.

714 (2) Unless approved by a three-fifths vote of the

715 membership of each house, appropriations made for recurring

716 purposes from nonrecurring general revenue funds for any fiscal

717 year shall not exceed three percent of the total general revenue

718 funds estimated to be available at the time such appropriation

719 is made.

720 (3) As prescribed by general law, each state department

721 and agency shall be required to submit a legislative budget

722 request that is based upon and that reflects the long-range

723 financial outlook adopted by the joint legislative budget

724 commission or that specifically explains any variance from the

725 long-range financial outlook contained in the request.

726 (4) For purposes of this section, the terms department and

727 agency shall include the judicial branch.

728 (b) APPROPRIATION BILLS FORMAT. Separate sections within

729 the general appropriation bill shall be used for each major

730 program area of the state budget; major program areas shall

731 include: education enhancement "lottery" trust fund items;

732 education (all other funds); human services; criminal justice

733 and corrections; natural resources, environment, growth

734 management, and transportation; general government; and judicial

735 branch. Each major program area shall include an itemization of

736 expenditures for: state operations; state capital outlay; aid to

737 local governments and nonprofit organizations operations; aid to

738 local governments and nonprofit organizations capital outlay;

739 federal funds and the associated state matching funds; spending

740 authorizations for operations; and spending authorizations for

741 capital outlay. Additionally, appropriation bills passed by the

742 legislature shall include an itemization of specific

743 appropriations that exceed one million dollars ($1,000,000.00)

744 in 1992 dollars. For purposes of this subsection, "specific

745 appropriation," "itemization," and "major program area" shall be

746 defined by law. This itemization threshold shall be adjusted by

747 general law every four years to reflect the rate of inflation or

748 deflation as indicated in the Consumer Price Index for All Urban

749 Consumers, U.S. City Average, All Items, or successor reports as

750 reported by the United States Department of Labor, Bureau of

751 Labor Statistics or its successor. Substantive bills containing

752 appropriations shall also be subject to the itemization

753 requirement mandated under this provision and shall be subject

754 to the governor's specific appropriation veto power described in

755 Article III, Section 8.

756 (c) APPROPRIATIONS PROCESS.

757 (1) No later than September 15 of each year, the joint

758 legislative budget commission shall issue a long-range financial

759 outlook setting out recommended fiscal strategies for the state

760 and its departments and agencies in order to assist the

761 legislature in making budget decisions. The long-range financial

762 outlook must include major workload and revenue estimates. In

763 order to implement this paragraph, the joint legislative budget

764 commission shall use current official consensus estimates and

765 may request the development of additional official estimates.

766 (2) The joint legislative budget commission shall seek

767 input from the public and from the executive and judicial

768 branches when developing and recommending the long-range

769 financial outlook.

770 (3) The legislature shall prescribe by general law

771 conditions under which limited adjustments to the budget, as

772 recommended by the governor or the chief justice of the supreme

773 court, may be approved without the concurrence of the full

774 legislature.

775 (d) NINETY-SIX ~~SEVENTY-TWO~~ HOUR PUBLIC REVIEW PERIOD. All

776 general appropriation bills shall be furnished to each member of

777 the legislature, each member of the cabinet, the governor, and

778 the chief justice of the supreme court at least ninety-six

779 ~~seventy-two~~ hours before final passage by either house of the

780 legislature of the bill in the form that will be presented to

781 the governor.

782 (e) FINAL BUDGET REPORT. A final budget report shall be

783 prepared as prescribed by general law. The final budget report

784 shall be produced no later than the 120th day after the

785 beginning of the fiscal year, and copies of the report shall be

786 furnished to each member of the legislature, the head of each

787 department and agency of the state, the auditor general, and the

788 chief justice of the supreme court.

789 (f) TRUST FUNDS.

790 (1) No trust fund of the State of Florida or other public

791 body may be created or re-created by law without a three-fifths

792 vote of the membership of each house of the legislature in a

793 separate bill for that purpose only.

794 (2) State trust funds shall terminate not more than four

795 years after the effective date of the act authorizing the

796 initial creation of the trust fund. By law the legislature may

797 set a shorter time period for which any trust fund is

798 authorized.

799 (3) Trust funds required by federal programs or mandates;

800 trust funds established for bond covenants, indentures, or

801 resolutions, whose revenues are legally pledged by the state or

802 public body to meet debt service or other financial requirements

803 of any debt obligations of the state or any public body; the

804 state transportation trust fund; the trust fund containing the

805 net annual proceeds from the Florida Education Lotteries; the

806 Florida retirement trust fund; trust funds for institutions

807 under the management of the Board of Control ~~Board of Governors,~~

808 where such trust funds are for auxiliary enterprises and

809 contracts, grants, and donations, as those terms are defined by

810 general law; trust funds that serve as clearing funds or

811 accounts for the controller ~~chief financial officer~~ or state

812 agencies; trust funds that account for assets held by the state

813 in a trustee capacity as an agent or fiduciary for individuals,

814 private organizations, or other governmental units; and other

815 trust funds authorized by this Constitution, are not subject to

816 the requirements set forth in paragraph (2) of this subsection.

817 (4) All cash balances and income of any trust funds

818 abolished under this subsection shall be deposited into the

819 general revenue fund.

820 (g) BUDGET STABILIZATION FUND. Subject to the provisions

821 of this subsection, an amount equal to at least 5% of the last

822 completed fiscal year's net revenue collections for the general

823 revenue fund shall be retained in the budget stabilization fund.

824 The budget stabilization fund's principal balance shall not

825 exceed an amount equal to 10% of the last completed fiscal

826 year's net revenue collections for the general revenue fund. The

827 legislature shall provide criteria for withdrawing funds from

828 the budget stabilization fund in a separate bill for that

829 purpose only and only for the purpose of covering revenue

830 shortfalls of the general revenue fund or for the purpose of

831 providing funding for an emergency, as defined by general law.

832 General law shall provide for the restoration of this fund. The

833 budget stabilization fund shall be comprised of funds not

834 otherwise obligated or committed for any purpose.

835 (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND

836 AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide

837 for a long-range state planning document. The governor shall

838 recommend to the legislature biennially any revisions to the

839 long-range state planning document, as defined by law. General

840 law shall require a biennial review and revision of the long-

841 range state planning document and shall require all departments

842 and agencies of state government to develop planning documents

843 that identify statewide strategic goals and objectives,

844 consistent with the long-range state planning document. The

845 long-range state planning document and department and agency

846 planning documents shall remain subject to review and revision

847 by the legislature. The long-range state planning document must

848 include projections of future needs and resources of the state

849 which are consistent with the long-range financial outlook. The

850 department and agency planning documents shall include a

851 prioritized listing of planned expenditures for review and

852 possible reduction in the event of revenue shortfalls, as

853 defined by general law.

854 (i) GOVERNMENT EFFICIENCY TASK FORCE. ~~No later than~~

855 ~~January of 2007, and each fourth year thereafter,~~ The president

856 of the senate, the speaker of the house of representatives, and

857 the governor shall appoint a government efficiency task force,

858 the membership of which shall be established by general law. The

859 task force shall be composed of members of the legislature and

860 representatives from the private and public sectors who shall

861 develop recommendations for improving governmental operations

862 and reducing costs. Staff to assist the task force in performing

863 its duties shall be assigned by general law, and the task force

864 may obtain assistance from the private sector. The task force

865 shall complete a performance review of government programs. All

866 programs shall be ranked by budget and the top quartile must be

867 reviewed at least once every four years. The task force ~~its work~~

868 ~~within one year and~~ shall submit its recommendations to the

869 joint legislative budget commission, the governor, and the chief

870 justice of the supreme court.

871 (j) JOINT LEGISLATIVE BUDGET COMMISSION. There is created

872 within the legislature the joint legislative budget commission

873 composed of equal numbers of senate members appointed by the

874 president of the senate and house members appointed by the

875 speaker of the house of representatives. Each member shall serve

876 at the pleasure of the officer who appointed the member. A

877 vacancy on the commission shall be filled in the same manner as

878 the original appointment. From November of each odd-numbered

879 year through October of each even-numbered year, the chairperson

880 of the joint legislative budget commission shall be appointed by

881 the president of the senate and the vice chairperson of the

882 commission shall be appointed by the speaker of the house of

883 representatives. From November of each even-numbered year

884 through October of each odd-numbered year, the chairperson of

885 the joint legislative budget commission shall be appointed by

886 the speaker of the house of representatives and the vice

887 chairperson of the commission shall be appointed by the

888 president of the senate. The joint legislative budget commission

889 shall be governed by the joint rules of the senate and the house

890 of representatives, which shall remain in effect until repealed

891 or amended by concurrent resolution. The commission shall

892 convene at least quarterly and shall convene at the call of the

893 president of the senate and the speaker of the house of

894 representatives. A majority of the commission members of each

895 house plus one additional member from either house constitutes a

896 quorum. Action by the commission requires a majority vote of the

897 commission members present of each house. The commission may

898 conduct its meetings through teleconferences or similar means.

899 In addition to the powers and duties specified in this

900 subsection, the joint legislative budget commission shall

901 exercise all other powers and perform any other duties not in

902 conflict with paragraph (c)(3) and as prescribed by general law

903 or joint rule.

904 (k) REVENUE ESTIMATING CONFERENCE. A nonpartisan revenue

905 estimating conference shall be responsible for creating all

906 revenue forecasts.

907 (l) PROHIBITION ON SUBSIDIZATION OF UNDERFUNDED COUNTIES.

908 A county may not be required to subsidize another county through

909 the budget. The budget must provide each county with services

910 and funding equal to at least eighty percent of the amount of

911 state taxation collected as a result of economic activity in

912 such county.

913 ARTICLE IV

914 EXECUTIVE

915 SECTION 1. Governor.—

916 (a) The supreme executive power shall be vested in a

917 governor, who shall be commander-in-chief of all military forces

918 of the state not in active service of the United States. The

919 governor shall take care that the laws be faithfully executed,

920 commission all officers of the state and counties, and transact

921 all necessary business with the officers of government. The

922 governor may require information in writing from all executive

923 or administrative state, county or municipal officers upon any

924 subject relating to the duties of their respective offices. The

925 governor shall be the chief administrative officer of the state

926 responsible for the planning and budgeting for the state.

927 (b) The governor may initiate judicial proceedings in the

928 name of the state against any executive or administrative state,

929 county or municipal officer to enforce compliance with any duty

930 or restrain any unauthorized act.

931 (c) The governor may request in writing the opinion of the

932 justices of the supreme court as to the interpretation of any

933 portion of this constitution upon any question affecting the

934 governor's executive powers and duties. The justices shall,

935 subject to their rules of procedure, permit interested persons

936 to be heard on the questions presented and shall render their

937 written opinion not earlier than ten days from the filing and

938 docketing of the request, unless in their judgment the delay

939 would cause public injury.

940 (d) The governor shall have power to call out the militia

941 to preserve the public peace, execute the laws of the state,

942 suppress insurrection, or repel invasion.

943 (e) The governor shall by message at least once in each

944 regular session inform the legislature concerning the condition

945 of the state, propose such reorganization of the executive

946 department as will promote efficiency and economy, and recommend

947 measures in the public interest.

948 (f) When not otherwise provided for in this constitution,

949 the governor shall fill by appointment any vacancy in state or

950 county office for the remainder of the term of an appointive

951 office, and for the remainder of the term of an elective office

952 if less than twenty-eight months, otherwise until the first

953 Tuesday after the first Monday following the next general

954 election. The governor shall make an appointment within thirty

955 days after an occurrence of a vacancy.

956 SECTION 2. Lieutenant governor.—There shall be a

957 lieutenant governor, who shall perform such duties pertaining to

958 the office of governor as shall be assigned by the governor,

959 except when otherwise provided by law, shall serve as the state

960 fire marshal; shall have authority the division of emergency

961 management, the Department of Veterans' Affairs, and the

962 Department of Military Affairs; and such other duties as may be

963 prescribed by law.

964 SECTION 3. Succession to office of governor; acting

965 governor.—

966 (a) Upon vacancy in the office of governor, the lieutenant

967 governor shall become governor. Further succession to the office

968 of governor shall be in the following order:

969 (1) The attorney general.

970 (2) The auditor general.

971 (3) The controller.

972 (4) The commissioner of health and insurance.

973 (5) The commissioner of labor.

974 (6) The commissioner of agriculture.

975 (7) The commissioner of lands.

976 (8) The commissioner of education ~~prescribed by law.~~

978 A successor shall serve for the remainder of the term, unless a

979 presidential election is scheduled before the end of the term,

980 in which case a special election for governor shall be held at

981 the same time as such presidential election.

982 (b) Upon impeachment of the governor and until completion

983 of trial thereof, or during the governor's physical or mental

984 incapacity, the lieutenant governor shall act as governor.

985 ~~Further succession as acting governor shall be prescribed by~~

986 ~~law.~~ Incapacity to serve as governor may be determined by the

987 supreme court upon due notice after docketing of a written

988 petition from the attorney general who is acting with the

989 support of a majority of the executive council ~~suggestion~~

990 ~~thereof by three cabinet members,~~ and in such case restoration

991 of capacity shall be similarly determined after docketing of

992 written suggestion thereof by the governor, the legislature, or

993 a majority of the executive council ~~three cabinet members.~~

994 Incapacity to serve as governor may also be established by

995 certificate filed with the custodian of state records by the

996 governor declaring incapacity for physical reasons to serve as

997 governor, and in such case restoration of capacity shall be

998 similarly established.

999 SECTION 4. Cabinet.—

1000 (a) There shall be a cabinet composed of the lieutenant

1001 governor, an attorney general, an auditor general, a

1002 commissioner of health and insurance, a commissioner of labor, a

1003 commissioner of lands, a commissioner of education, a controller

1004 ~~a chief financial officer,~~ and a commissioner of agriculture. In

1005 addition to the powers and duties specified herein, they shall

1006 exercise such powers and perform such duties as may be

1007 prescribed by law. In the event of a tie vote of the governor

1008 and cabinet, the side on which the governor voted shall be

1009 deemed to prevail. A vacancy in the cabinet shall be filled

1010 using the line of succession for governor.

1011 (b) The attorney general shall be the chief state legal

1012 officer. There is created in the office of the attorney general

1013 the position of statewide prosecutor. The statewide prosecutor

1014 shall have concurrent jurisdiction with the state attorneys to

1015 prosecute violations of criminal laws occurring or having

1016 occurred, in two or more judicial circuits as part of a related

1017 transaction, or when any such offense is affecting or has

1018 affected two or more judicial circuits as provided by general

1019 law. The statewide prosecutor shall be appointed by the attorney

1020 general from not less than three persons nominated by the

1021 judicial nominating commission for the supreme court, or as

1022 otherwise provided by general law. The attorney general shall

1023 have authority over the Human Rights Commission, the Florida

1024 Commission on offender review, the Department of Elderly

1025 Affairs, the Department of Juvenile Justice, the Department of

1026 Corrections, the division of administrative hearings,

1027 responsibilities and duties related to consumer affairs, and

1028 responsibilities and duties related to the licensing and

1029 regulation of firearms.

1030 (c) The controller ~~chief financial officer~~ shall serve as

1031 the chief fiscal officer of the state, and shall settle and

1032 approve accounts against the state, and shall keep all state

1033 funds and securities. The controller shall have authority over

1034 the Department of Revenue, the division of management services,

1035 and the Department of Financial Services.

1036 (d) The commissioner of agriculture shall have supervision

1037 of matters pertaining to agriculture except as otherwise

1038 provided by law.

1039 (e) The commissioner of labor shall have supervision of

1040 matters concerning labor, including all labor-related duties of

1041 the Secretary of the Department of Business and Professional

1042 Regulation, all duties of the secretary of commerce, and shall

1043 be the head of a department of labor. The commissioner shall be

1044 responsible for workplace inspections, other than inspections

1045 related to agriculture, and shall establish a board of

1046 occupations health and safety.

1047 (f) The auditor general shall be responsible for auditing

1048 public records and accounts. The annual appropriation for the

1049 work of the auditor general may not be less than the amount

1050 appropriated for the previous year, adjusted upward for

1051 inflation.

1052 (g) The commissioner of health and insurance shall have

1053 supervision over matters concerning insurance regulation and

1054 health, including all duties as the commissioner of insurance

1055 and shall have authority over the Florida housing finance

1056 corporation, the Department of Health, the Agency for Persons

1057 with Disabilities, the Department of Highway Safety and Motor

1058 Vehicles, and housing-related authority of the Department of

1059 Business and Professional Regulation. The surgeon general shall

1060 report to the commissioner of health and insurance.

1061 (h) The commissioner of education shall have supervision

1062 of matters pertaining to education and shall have authority over

1063 the Department of Education and the Department of Children and

1064 Families.

1065 (i) The commissioner of lands shall have supervision over

1066 the recording of property deeds and titles. The commissioner of

1067 lands is the head of the General Land Office and shall have

1068 authority over the Fish and Wildlife Conservation Commission,

1069 the Department of Environmental Protection, and the Department

1070 of Transportation.

1071 (e) The governor as chair, the controller ~~chief financial~~

1072 ~~officer,~~ and the attorney general shall constitute the state

1073 board of administration, which shall succeed to all the power,

1074 control, and authority of the state board of administration

1075 established pursuant to Article IX, Section 16 of the

1076 Constitution of 1885, and which shall continue as a body at

1077 least for the life of Article XII, Section 9(c).

1078 (f) The governor as chair, the controller ~~chief financial~~

1079 ~~officer,~~ the attorney general, and the commissioner of

1080 agriculture shall constitute the trustees of the internal

1081 improvement trust fund and the land acquisition trust fund as

1082 provided by law.

1083 (g) The ~~governor as chair, the chief financial officer,~~

1084 ~~the~~ attorney general, ~~and the commissioner of agriculture~~ shall

1085 serve as ~~constitute~~ the agency head of the Department of Law

1086 Enforcement. The Office of Domestic Security and

1087 Counterterrorism is created within the Department of Law

1088 Enforcement. The Office of Domestic Security and

1089 Counterterrorism shall provide support for prosecutors and

1090 federal, state, and local law enforcement agencies that

1091 investigate or analyze information relating to attempts or acts

1092 of terrorism or that prosecute terrorism, and shall perform any

1093 other duties that are provided by law.

1094 SECTION 5. Election of governor, lieutenant governor and

1095 cabinet members; qualifications; terms.—

1096 (a) At a state-wide general election in each calendar year

1097 the number of which is even but not a multiple of four, the

1098 electors shall choose a governor and a lieutenant governor and

1099 members of the cabinet each for a term of four years beginning

1100 on the first Tuesday after the first Monday in January of the

1101 succeeding year. ~~In primary elections, candidates for the office~~

1102 ~~of governor may choose to run without a lieutenant governor~~

1103 ~~candidate. In the general election, all~~ Candidates for the

1104 offices of governor and lieutenant governor shall be elected

1105 separately ~~form joint candidacies in a manner prescribed by law~~

1106 ~~so that each voter shall cast a single vote for a candidate for~~

1107 ~~governor and a candidate for lieutenant governor running~~

1108 ~~together.~~

1109 (b) When elected, the governor, lieutenant governor and

1110 each cabinet member must be an elector not less than thirty

1111 years of age who has resided in the state for the preceding

1112 seven years. The attorney general must have been a member of the

1113 bar of Florida for the preceding five years. No person who has,

1114 or but for resignation would have, served as governor or acting

1115 governor for more than six years in two consecutive terms shall

1116 be elected governor for the succeeding term.

1117 SECTION 6. Executive departments.—All functions of the

1118 executive branch of state government shall be allotted among not

1119 more than twenty-five departments, exclusive of those

1120 specifically provided for or authorized in this constitution.

1121 The administration of each department, unless otherwise provided

1122 in this constitution, shall be placed by law under the direct

1123 supervision of the governor, the lieutenant governor, the

1124 governor and cabinet, a cabinet member, or an officer or board

1125 appointed by and serving at the pleasure of the governor,

1126 except:

1127 (a) ~~When provided by law,~~ Confirmation by a majority of

1128 the members of the senate in a public hearing noticed in advance

1129 ~~or the approval of three members of the cabinet~~ shall be

1130 required for appointment to or removal from any:

1131 (1) Elected ~~designated statutory~~ office.

1132 (2) Position as a head of an agency.

1133 (3) Position on a board of trustees.

1134 (4) Position appointed by the governor on any board or

1135 authority.

1136 (5) Judicial appointments by the governor.

1138 If the confirmation is not finalized during the next scheduled

1139 legislative session after the appointment, the appointment shall

1140 be deemed rejected. A person who is not confirmed within one

1141 hundred eighty days after being appointed must resign the

1142 appointment. A member of the senate who takes part in the

1143 confirmation hearing must disclose any conflict of interest. If

1144 the confirmation is for statewide office or the board of utility

1145 directors, there must be at least two hearings lasting at least

1146 two hours each before the vote to confirm. The prospective

1147 appointee must testify in person unless such person is unable to

1148 testify because of a medical emergency.

1149 (b) Boards authorized to grant and revoke licenses to

1150 engage in regulated occupations shall be assigned to appropriate

1151 departments and their members appointed for fixed terms, subject

1152 to removal only for cause.

1153 (c) Every four years the legislature shall appoint the

1154 secretary of state in a joint session held immediately after the

1155 general election in which the governor is elected.

1156 SECTION 7. Suspensions; filling office during

1157 suspensions.—

1158 (a) By executive order stating the grounds and filed with

1159 the custodian of state records, the governor may suspend from

1160 office any state officer not subject to impeachment, any officer

1161 of the militia not in the active service of the United States,

1162 or any county officer, indicted for a crime ~~malfeasance,~~

1163 ~~misfeasance, neglect of duty, drunkenness, incompetence,~~

1164 ~~permanent inability to perform official duties, or commission of~~

1165 ~~a felony,~~ and may fill the office by appointment for the period

1166 of suspension. The suspended officer may at any time before

1167 removal be reinstated by the governor.

1168 (b) The senate may, in proceedings prescribed by law,

1169 remove from office or reinstate the suspended official and for

1170 such purpose the senate may be convened in special session by

1171 its president or by a majority of its membership.

1172 (c) By order of the governor any elected municipal officer

1173 indicted for crime may be suspended from office until acquitted

1174 and the office filled by appointment for the period of

1175 suspension, not to extend beyond the term, unless these powers

1176 are vested elsewhere by law or the municipal charter.

1177 SECTION 14. General land office.—There shall be a general

1178 land office that shall register all instruments relating to the

1179 ownership, transfer, or encumbrance of or claims against real

1180 property including deeds, leases, bills of sales, agreements,

1181 mortgages, notices of claims of lien, notices of levy, tax

1182 warrants, and tax executions, and the extensions, assignments

1183 releases, cancellations, or satisfactions of mortgages and

1184 liens. The commissioner of lands shall coordinate with each

1185 clerk of circuit court to transfer all existing instruments to

1186 the possession of the general land office. The legislature shall

1187 set fees for the recording of instruments at a level to allow

1188 the office to be self-sustaining.

1189 SECTION 15. Executive council.—There shall be an executive

1190 council composed of eleven executive councilors.

1191 (a) The independent redistricting commission responsible

1192 for representative redistricting shall divide the state into

1193 eleven districts, using the same criteria used for

1194 representative districts. One executive councilor shall be

1195 elected from each district at a general election to serve

1196 staggered four-year terms. Elections shall be partisan. The

1197 executive council shall have the following duties:

1198 (1) When requested by the governor, provide advice on

1199 affairs of the state.

1200 (2) Review state contracts of more than two hundred and

1201 fifty thousand dollars. The council may reject a contract by a

1202 majority vote. The value of contracts under this paragraph shall

1203 be adjusted annually on January 1 of each year for inflation

1204 using the percent change in the Consumer Price Index for All

1205 Urban Consumers, U.S. City Average, all items 1967=100, or

1206 successor reports for the preceding calendar year as initially

1207 reported by the United States Department of Labor, Bureau of

1208 Labor Statistics, if such percent change is positive.

1209 (3) Review all pardon decisions made by the governor. The

1210 council may override the decision made by the governor by a

1211 majority vote.

1212 (4) For any position for which a nominating council is

1213 used, except for judicial nominations, the executive council

1214 shall choose the nominee to fill the open position.

1215 (5) Approve the budget by a majority vote.

1216 (b) A vacancy in the executive council shall be filled in

1217 the same manner as a vacancy in the legislature.

1218 (c) All resolutions and advice of the council must be

1219 recorded in writing by a member selected as secretary. Each

1220 member must sign the record to demonstrate he or she agrees with

1221 the accuracy of the record. If a member wishes to enter a

1222 dissenting opinion he or she may do so in writing.

1223 (d) Executive councilors shall be subject to the same

1224 staffing and salary rules as the legislature.

1225 (e) Each executive councilor shall be at least twenty-one

1226 years of age, an elector and resident of the district from which

1227 elected, and shall have resided in the state for a minimum of

1228 two years before election.

1229 (f) The executive councilors shall elect a chair for

1230 organizational purposes only.

1231 SECTION 16. Board of utility directors.—There shall be a

1232 board of utility directors composed of eleven utility directors.

1233 The commissioner of health and insurance and an ombudsman

1234 representing the interests of residents of the state shall be

1235 nonvoting members of the board.

1236 (a) The independent redistricting commission responsible

1237 for senatorial redistricting shall divide the state into eleven

1238 districts, using the same criteria used for senatorial

1239 districts. One utility director shall be elected from each

1240 district at an election held on the second Tuesday in March to

1241 serve staggered four-year terms. Elections shall be partisan.

1242 (b) A vacancy in the board of utility directors shall be

1243 filled in the same manner as a vacancy in the legislature.

1244 (c) Utility directors shall be subject to the same

1245 staffing and salary rules as the legislature.

1246 (d) A utility director, or a nominee for director, or a

1247 parent, spouse, child, sibling, parent-in-law, child-in-law, or

1248 sibling-in-law, or the cohabitating member of a household of

1249 such member or nominee, may not accept anything of value from

1250 any utility company, individual tied to a utility company, or

1251 political committee that has ties to a utility company.

1252 (e) Each utility director shall be at least twenty-one

1253 years of age, an elector and resident of the district from which

1254 elected, and shall have resided in the state for a period of two

1255 years before election.

1256 (f) The utility directors shall elect a chair for

1257 organizational purposes only.

1258 SECTION 17. Board of equalization.—There shall be a board

1259 of equalization composed of eleven members. The board is

1260 responsible for overseeing tax administration and collection.

1261 (a) The independent redistricting commission responsible

1262 for senatorial redistricting shall divide the state into eleven

1263 districts, using the same criteria used for senatorial

1264 districts. One member shall be elected from each district at a

1265 general election to serve staggered four-year terms. Elections

1266 shall be partisan.

1267 (b) A vacancy in the board of equalization shall be filled

1268 in the same manner as a vacancy in the legislature.

1269 (c) The members of the board of equalization shall be

1270 subject to the same staffing and salary rules as the

1271 legislature.

1272 (d) Each member of the board of equalization shall be at

1273 least twenty-one years of age, an elector and resident of the

1274 district from which elected, and shall have resided in the state

1275 for a period of two years before election.

1276 (e) The members of the board of equalization shall elect a

1277 chair for organizational purposes only.

1278 ARTICLE V

1279 JUDICIARY

1280 SECTION 11. Vacancies.—

1281 (a) Whenever a vacancy occurs in a judicial office to

1282 which election for retention applies, the attorney general

1283 ~~governor~~ shall fill the vacancy by appointing for a term ending

1284 on the first Tuesday after the first Monday in January of the

1285 year following the next general election occurring at least one

1286 year after the date of appointment, one of not fewer than three

1287 persons nor more than six persons nominated by the appropriate

1288 judicial nominating commission.

1289 (b) The attorney general ~~governor~~ shall fill each vacancy

1290 on a circuit court or on a county court, wherein the judges are

1291 elected by a majority vote of the electors, by appointing for a

1292 term ending on the first Tuesday after the first Monday in

1293 January of the year following the next primary and general

1294 election occurring at least one year after the date of

1295 appointment, one of not fewer than three persons nor more than

1296 six persons nominated by the appropriate judicial nominating

1297 commission. An election shall be held to fill that judicial

1298 office for the term of the office beginning at the end of the

1299 appointed term.

1300 (c) ~~The nominations shall be made within thirty days from~~

1301 ~~the occurrence of a vacancy unless the period is extended by the~~

1302 ~~governor for a time not to exceed thirty days.~~ The attorney

1303 general ~~governor~~ shall make the appointment within thirty ~~sixty~~

1304 days from the occurrence of a vacancy ~~after the nominations have~~

1305 ~~been certified to the governor.~~

1306 (d) There shall be a separate judicial nominating

1307 commission as provided by general law for the supreme court,

1308 each district court of appeal, and each judicial circuit for all

1309 trial courts within the circuit. Uniform rules of procedure

1310 shall be established by the judicial nominating commissions at

1311 each level of the court system. Such rules, or any part thereof,

1312 may be repealed by general law enacted by a majority vote of the

1313 membership of each house of the legislature, or by the supreme

1314 court, five justices concurring. Except for deliberations of the

1315 judicial nominating commissions, the proceedings of the

1316 commissions and their records shall be open to the public.

1317 (e) The list created by the judicial nominating commission

1318 must be used and may not be rejected completely.

1319 ARTICLE VII

1320 SUFFRAGE AND ELECTIONS

1321 SECTION 4. Disqualifications.—

1322 (a) No person convicted of a felony, or adjudicated in

1323 this or any other state to be mentally incompetent, shall be

1324 qualified to vote or hold office until restoration of civil

1325 rights or removal of disability. Except as provided in

1326 subsection (b) of this section, any disqualification from voting

1327 arising from a felony conviction shall terminate and voting

1328 rights shall be restored upon completion of all terms of

1329 sentence including parole or probation.

1330 (b) No person convicted of murder or a felony sexual

1331 offense shall be qualified to vote until restoration of civil

1332 rights.

1333 (c) No person may appear on the ballot for re-election to

1334 any of the following offices:

1335 (1) Florida representative,

1336 (2) Florida senator,

1337 ~~(3) Florida Lieutenant governor,~~

1338 ~~(4) any office of the Florida cabinet,~~

1339 (3)(5) U.S. Representative from Florida, or

1340 (4)(6) U.S. Senator from Florida

1342 if, by the end of the current term of office, the person will

1343 have served (or, but for resignation, would have served) in that

1344 office for eight consecutive years.

1345 (d) No person may appear on the ballot for re-election to

1346 any of the following offices:

1347 (1) Lieutenant governor, or

1348 (2) any office of the cabinet

1350 if, by the end of the current term of office, the person will

1351 have served or, but for resignation would have served, in that

1352 office for twelve consecutive years.

1353 SECTION 8. Recall of elected officials.—

1354 (a) Any statewide elected official and member of the

1355 legislature may be removed from office by the electors pursuant

1356 to this section.

1357 (b)(1) In order to begin the recall process, the following

1358 number of proponents of the recall must sign a notice of

1359 intention:

1360 a. For a statewide office or a legislative member

1361 representing a district with at least one hundred thousand

1362 residents, five percent of the total number of registered

1363 electors in the electoral district or fifty proponents,

1364 whichever is greater.

1365 b. For a legislative member representing a district of at

1366 least one thousand residents but less than one hundred thousand

1367 residents, three percent of the total number of registered

1368 electors in the electoral district or thirty proponents,

1369 whichever is greater.

1370 c. For a legislative member representing a district of

1371 less than one thousand residents, thirty proponents.

1372 (c) The notice of intention must include the name of the

1373 person subject to potential recall, the office or legislative

1374 district he or she serves, a statement of two hundred words or

1375 less describing the reasons for recall, and the names and

1376 residential and mailing addresses of the required number of

1377 proponents of the recall.

1378 (d) The notice of intention must be served on the person

1379 subject to recall, published in a newspaper of general

1380 circulation, and filed with the secretary of state.

1381 (e) If the secretary of state determines the notice of

1382 recall is sufficient, the secretary of state shall provide a

1383 petition that may be used to collect signatures for the recall.

1384 Proponents may submit an alternative petition format that may be

1385 used upon approval by the secretary of state. The petition must

1386 require that each person signing the petition write, by his or

1387 her own hand, his or her signature, printed name, and

1388 residential address, including zip code. Only registered

1389 electors from the electoral district of the officer or member

1390 subject to the recall petition may sign a petition.

1391 (f) Petitions must only be circulated by an elector

1392 registered to vote in the electoral district of the officer or

1393 member subject to the recall petition. A petition circulator

1394 must sign a declaration verifying that he or she meets the

1395 requirements of this subsection.

1396 (g) A petition for recall must collect the following

1397 number of verified signatures:

1398 (1) For statewide office, there must be verified

1399 signatures from at least six counties in which the number of

1400 signatures in each county is more than 3 percent of the number

1401 of votes cast in the most recent election for such office, and

1402 the total number of signatures must be greater than 12 percent

1403 of the number of votes cast in the most recent election for such

1404 office.

1405 (2) For a legislative district, the total number of

1406 verified signatures must be greater than twenty percent of the

1407 number of votes case in the most recent election for such

1408 district.

1409 (h) Completed petitions for the recall of a statewide

1410 officer may be submitted to the supervisor of elections for the

1411 county in which the petition was circulated. The supervisor of

1412 elections shall verify the signatures either manually, if there

1413 are less than five hundred signatures, or by a random sampling

1414 method. The supervisor of elections shall update the secretary

1415 of state on the number of verified signatures every thirty days.

1416 (i) Completed petitions for the recall of a member of the

1417 legislature shall be returned to a supervisor of elections of a

1418 county within the electoral district of the member subject to

1419 the petition. The supervisor of elections shall verify the

1420 signatures either manually, if there are less than five hundred

1421 signatures, or by a random sampling method.

1422 (h) Within fourteen days after the required number of

1423 verified signatures have been collected, a recall election shall

1424 be scheduled within one hundred twenty days, unless there is

1425 general election scheduled within one hundred eighty days, in

1426 which case the recall will be held at the general election.

1427 (i) For a statewide office, a person who qualifies as a

1428 candidate for the office may submit himself or herself as a

1429 possible replacement sixty days or more before the recall

1430 election. The person subject to recall may not be a possible

1431 replacement.

1432 (j) For the recall of a statewide office the ballot shall

1433 read substantially as follows: "Shall (name of the statewide

1434 officer subject to recall) be recalled from (title of office)?"

1435 and include the list of replacement candidates who qualified

1436 under subsection (i). If a majority of electors vote in favor of

1437 the recall, the replacement candidate with the most votes shall

1438 take office for the remainder of the term.

1439 (k) For the recall of a member of the legislature, the

1440 ballot shall read substantially as follows: "Shall (name of the

1441 member of the legislature) be recalled from office as a member

1442 of the Florida (name of the house of the legislature in which

1443 such person serves)?".

1444 ARTICLE VIII

1445 LOCAL GOVERNMENT

1446 SECTION 1. Counties.—

1447 (a) POLITICAL SUBDIVISIONS. The state shall be divided by

1448 law into political subdivisions called counties. Counties may be

1449 created, abolished or changed by law, with provision for payment

1450 or apportionment of the public debt.

1451 (b) COUNTY FUNDS. The care, custody and method of

1452 disbursing county funds shall be provided by general law.

1453 (c) GOVERNMENT. Pursuant to general or special law, a

1454 county government may be established by charter which shall be

1455 adopted, amended or repealed only upon vote of the electors of

1456 the county in a special election called for that purpose.

1457 (d) COUNTY OFFICERS. There shall be elected by the

1458 electors of each county, for terms of four years, a sheriff, a

1459 tax collector, a property appraiser, a supervisor of elections,

1460 and a clerk of the circuit court. Unless otherwise provided by

1461 special law approved by vote of the electors or pursuant to

1462 Article V, section 16, the clerk of the circuit court shall be

1463 ex officio clerk of the board of county commissioners, auditor,

1464 recorder and custodian of all county funds. Notwithstanding

1465 subsection 6(e) of this article, a county charter may not

1466 abolish the office of a sheriff, a tax collector, a property

1467 appraiser, a supervisor of elections, or a clerk of the circuit

1468 court; transfer the duties of those officers to another officer

1469 or office; change the length of the four-year term of office; or

1470 establish any manner of selection other than by election by the

1471 electors of the county.

1472 (e) COMMISSIONERS. Except when otherwise provided by

1473 county charter, the governing body of each county shall be a

1474 board of county commissioners composed of five or seven members

1475 serving staggered terms of four years. After each decennial

1476 census the board of county commissioners shall divide the county

1477 into districts of contiguous territory as nearly equal in

1478 population as practicable. One commissioner residing in each

1479 district shall be elected as provided by law.

1480 (f) NON-CHARTER GOVERNMENT. Counties not operating under

1481 county charters shall have such power of self-government as is

1482 provided by general or special law. The board of county

1483 commissioners of a county not operating under a charter may

1484 enact, in a manner prescribed by general law, county ordinances

1485 not inconsistent with general or special law, but an ordinance

1486 in conflict with a municipal ordinance shall not be effective

1487 within the municipality to the extent of such conflict. A non-

1488 charter government county may choose to adopt a charter upon a

1489 petition by forty percent of the number of the electors who

1490 participated in the most recent general election.

1491 (g) CHARTER GOVERNMENT. Counties operating under county

1492 charters shall have all powers of local self-government not

1493 inconsistent with general law, or with special law approved by

1494 vote of the electors. The governing body of a county operating

1495 under a charter may enact county ordinances not inconsistent

1496 with general law. The charter shall provide which shall prevail

1497 in the event of conflict between county and municipal

1498 ordinances.

1499 (h) TAXES; LIMITATION. Property situate within

1500 municipalities shall not be subject to taxation for services

1501 rendered by the county exclusively for the benefit of the

1502 property or residents in unincorporated areas.

1503 (i) COUNTY ORDINANCES. Each county ordinance shall be

1504 filed with the custodian of state records and shall become

1505 effective at such time thereafter as is provided by general law.

1506 (j) VIOLATION OF ORDINANCES. Persons violating county

1507 ordinances shall be prosecuted and punished as provided by law.

1508 (k) COUNTY SEAT. In every county there shall be a county

1509 seat at which shall be located the principal offices and

1510 permanent records of all county officers. The county seat may

1511 not be moved except as provided by general law. Branch offices

1512 for the conduct of county business may be established elsewhere

1513 in the county by resolution of the governing body of the county

1514 in the manner prescribed by law. No instrument shall be deemed

1515 recorded until filed at the county seat, or a branch office

1516 designated by the governing body of the county for the recording

1517 of instruments, according to law.

1518 ARTICLE IX

1519 EDUCATION

1520 SECTION 7. State University System.—

1521 (a) PURPOSES. In order to achieve excellence through

1522 teaching students, advancing research and providing public

1523 service for the benefit of Florida's citizens, their communities

1524 and economies, the people hereby establish a system of

1525 governance for the state university system of Florida.

1526 (b) STATE UNIVERSITY SYSTEM. There shall be a single

1527 state university system comprised of all public universities. A

1528 board of trustees shall administer each public university and a

1529 board of control ~~board of governors~~ shall govern the state

1530 university system.

1531 (c) LOCAL BOARDS OF TRUSTEES. Each local constituent

1532 university shall be administered by a board of trustees

1533 consisting of thirteen members dedicated to the purposes of the

1534 state university system. The board of control ~~board of governors~~

1535 shall establish the powers and duties of the boards of trustees.

1536 Each board of trustees shall consist of six citizen members

1537 appointed by the governor and five citizen members appointed by

1538 the board of control ~~board of governors.~~ The appointed members

1539 shall be confirmed by the senate and serve staggered terms of

1540 five years as provided by law. The chair of the faculty senate,

1541 or the equivalent, and the president of the student body of the

1542 university shall also be members.

1543 (d) ~~STATEWIDE~~ BOARD OF CONTROL ~~GOVERNORS.~~ The board of

1544 control ~~governors~~ shall be an elected independent a body

1545 ~~corporate~~ consisting of eleven ~~seventeen~~ members. The

1546 independent redistricting commission responsible for senatorial

1547 redistricting shall divide the state into eleven districts,

1548 using the same criteria used for senatorial districts. One

1549 member of the board of control shall be elected from each

1550 district at a general election to serve staggered four-year

1551 terms. Elections shall be nonpartisan. The board shall operate,

1552 regulate, control, and be fully responsible for the management

1553 of the whole university system. These responsibilities shall

1554 include, but not be limited to, defining the distinctive mission

1555 of each constituent university and its articulation with free

1556 public schools and community colleges, ensuring the well-planned

1557 coordination and operation of the system, making employment

1558 decisions for university leadership and administration of

1559 universities, making recommendations to the taxation and budget

1560 reform commission, and avoiding wasteful duplication of

1561 facilities or programs. ~~The board's management shall be subject~~

1562 ~~to the powers of the legislature to appropriate for the~~

1563 ~~expenditure of funds, and the board shall account for such~~

1564 ~~expenditures as provided by law. The governor shall appoint to~~

1565 ~~the board fourteen citizens dedicated to the purposes of the~~

1566 ~~state university system. The appointed members shall be~~

1567 ~~confirmed by the senate and serve staggered terms of seven years~~

1568 ~~as provided by law.~~ The commissioner of education and one

1569 student representative, one faculty representative, and one

1570 nonfaculty staff representative from each state university, ~~the~~

1571 ~~chair of the advisory council of faculty senates, or the~~

1572 ~~equivalent, and the president of the Florida student~~

1573 ~~association, or the equivalent,~~ shall ~~also~~ be nonvoting members

1574 of the board. A vacancy on the board of control shall be filled

1575 in the same manner as a vacancy in the legislature. Members of

1576 the board of control shall be subject to the same staffing and

1577 salary rules as the legislature. Each member of the board of

1578 control shall be at least twenty years of age, be an elector and

1579 a resident of the district from which elected, and have resided

1580 in the state for a period of two years before election. Members

1581 of the board of control shall elect a chair for organizational

1582 purposes only.

1583 (e) FEES. Any proposal or action of a constituent

1584 university to raise, impose, or authorize any fee, as authorized

1585 by law, must be approved by at least nine affirmative votes of

1586 the members of the board of trustees of the constituent

1587 university, if approval by the board of trustees is required by

1588 general law, and at least twelve affirmative votes of the

1589 members of the board of control ~~board of governors,~~ if approval

1590 by the board of control ~~board of governors~~ is required by

1591 general law, in order to take effect. A fee under this

1592 subsection shall not include tuition.

1593 ARTICLE XI

1594 AMENDMENTS

1595 SECTION 1. Proposal by legislature.—Amendment of a section

1596 or revision of one or more articles, or the whole, of this

1597 constitution may be proposed by joint resolution agreed to by

1598 three-fifths of the membership of each house of the legislature.

1599 The full text of the joint resolution and the vote of each

1600 member voting shall be entered on the journal of each house.

1601 However, before such resolution may be placed on the ballot the

1602 legislature must explain the amendment in at least two public

1603 hearings in each appellate district and two public hearings in

1604 any county with a population of one million or more. All

1605 meetings and hearings held by the commission shall be adequately

1606 advertised and planned to ensure the public is able to attend

1607 and participate fully. Meetings and hearings must have

1608 advertisements in, at minimum, English, Spanish, Haitian Creole,

1609 and Portuguese.

1610 SECTION 3. Initiative.—The power to propose the revision

1611 or amendment of any portion or portions of this constitution by

1612 initiative is reserved to the people, provided that, any such

1613 revision or amendment, except for those limiting the power of

1614 government to raise revenue, shall embrace but one subject and

1615 matter directly connected therewith. It may be invoked by filing

1616 with the custodian of state records a petition containing a copy

1617 of the proposed revision or amendment, signed by a number of

1618 electors in each of one half of the congressional districts of

1619 the state, and of the state as a whole, equal to eight percent

1620 of the votes cast in each of such districts respectively and in

1621 the state as a whole in the last preceding election in which

1622 presidential electors were chosen. This section is the only

1623 authority regulating the initiative process. Any other law,

1624 rule, or ordinance concerning the initiative process that has

1625 gone into effect after January 1, 1999, is void.

1626 SECTION 5. Amendment or revision election.—

1627 (a) A proposed amendment to or revision of this

1628 constitution, or any part of it, shall be submitted to the

1629 electors at the next general election held more than ninety days

1630 after the joint resolution or report of revision commission,

1631 constitutional convention or taxation and budget reform

1632 commission proposing it is filed with the custodian of state

1633 records, unless, pursuant to law enacted by the affirmative vote

1634 of three-fourths of the membership of each house of the

1635 legislature and limited to a single amendment or revision, it is

1636 submitted at an earlier special election held more than ninety

1637 days after such filing.

1638 (b) A proposed amendment or revision of this constitution,

1639 or any part of it, by initiative shall be submitted to the

1640 electors at the general election provided the initiative

1641 petition is filed with the custodian of state records no later

1642 than February 1 of the year in which the general election is

1643 held.

1644 (c) The legislature shall provide by general law, prior to

1645 the holding of an election pursuant to this section, for the

1646 provision of a statement to the public regarding the probable

1647 financial impact of any amendment proposed by initiative

1648 pursuant to section 3.

1649 (d) Once in the tenth week, and once in the sixth week

1650 immediately preceding the week in which the election is held,

1651 the proposed amendment or revision, with notice of the date of

1652 election at which it will be submitted to the electors, shall be

1653 published in one newspaper of general circulation in each county

1654 in which a newspaper is published.

1655 (e) Unless otherwise specifically provided for elsewhere

1656 in this constitution, if the proposed amendment or revision is

1657 approved by vote of at least fifty-five ~~sixty~~ percent of the

1658 electors voting on the measure, it shall be effective as an

1659 amendment to or revision of the constitution of the state on the

1660 first Tuesday after the first Monday in January following the

1661 election, or on such other date as may be specified in the

1662 amendment or revision.

1663 ARTICLE XII

1664 SCHEDULE

1665 Transfer of duties and powers.—

1666 (a) The statutory jurisdiction and duties of the chief

1667 financial officer shall be transferred as constitutional duties

1668 to the controller. Any statutory authority given to the governor

1669 over the Department of Revenue, the Department of Management

1670 Services, and the Department of Financial Services shall become

1671 constitutional authority of the controller. This subsection does

1672 not apply to statutory authority over appointments.

1673 (b) The statutory jurisdiction and duties of auditor

1674 general shall be transferred as constitutional duties to the

1675 elected auditor general.

1676 (c) The statutory jurisdiction and duties of the

1677 commissioner of agriculture remaining after the application of

1678 this section shall be transferred as constitutional duties to

1679 the commissioner of agriculture.

1680 (d) Any statutory authority given to the governor over the

1681 division of emergency management, the state fire marshal, the

1682 Department of Veterans' Affairs, and the Department of Military

1683 Affairs shall become constitutional authority of the lieutenant

1684 governor. This subsection does not apply to statutory authority

1685 over appointments.

1686 (e) The statutory jurisdiction and duties of the secretary

1687 of commerce and the labor related jurisdiction and duties of the

1688 secretary of the department of business and professional

1689 regulation shall be transferred as constitutional duties to the

1690 commissioner of labor. Any statutory authority given to the

1691 governor over the Department of Commerce and the labor-related

1692 authority over the department of business and professional

1693 regulation shall become constitutional authority of the

1694 commissioner of labor. This subsection does not apply to

1695 statutory authority over appointments.

1696 (f) The statutory jurisdiction and duties given to the

1697 commissioner of agriculture over firearm regulation and consumer

1698 affairs shall transfer as constitutional duties to the attorney

1699 general. Any statutory authority given to the governor over the

1700 human rights commission, the commission on offender review, the

1701 Department of Elderly Affairs, the Department of Juvenile

1702 Justice, the Department of Corrections, and the division of

1703 administrative hearings shall become constitutional authority of

1704 the attorney general. This subsection does not apply to

1705 statutory authority over appointments.

1706 (g) The statutory jurisdiction and duties given to the

1707 insurance commissioner shall transfer as constitutional duties

1708 to the commissioner of health and insurance. Any statutory

1709 authority given to the governor over the Florida housing finance

1710 corporation, the Department of Health, the agency for persons

1711 with disabilities, the Department of Highway Safety and Motor

1712 Vehicles, and housing-related authority of the Department of

1713 Business and Professional Regulation shall become constitutional

1714 authority of the commissioner of health and insurance. This

1715 subsection does not apply to statutory authority over

1716 appointments.

1717 (h) The statutory jurisdiction and duties of the

1718 commissioner of education shall be transferred as constitutional

1719 duties to the elected commissioner of education. Any statutory

1720 authority given to the governor over the Department of Education

1721 and the Department of Children and Families shall become the

1722 constitutional authority of the commissioner of education. This

1723 subsection does not apply to statutory authority over

1724 appointments.

1725 (i) The statutory jurisdiction and duties of the clerks of

1726 courts related to the recording of instruments are transferred

1727 as constitutional duties to the commissioner of lands. Any

1728 statutory authority given to the governor over the Fish and

1729 Wildlife Conservation Commission, the Department of

1730 Environmental Protection, and the Department of Transportation

1731 shall become constitutional authority of the commissioner of

1732 lands. This subsection does not apply to statutory authority

1733 over appointments.

1734 (j) The statutory jurisdiction and duties of the public

1735 service commission are transferred as constitutional duties to

1736 the board of utility directors.

1737 BE IT FURTHER RESOLVED that the following statement be

1738 placed on the ballot:

1739 CONSTITUTIONAL AMENDMENT

1740 ARTICLE I, SECTION 24

1741 ARTICLE II, SECTION 2

1742 ARTICLE III, SECTIONS 1, 2, 3, 4, 6, 8, 15, 16, 17, AND 19

1743 ARTICLE IV, SECTIONS 1, 2, 3, 4, 5, 6, 7, 14, 15, 16, AND 17

1744 ARTICLE V, SECTION 11

1745 ARTICLE VII, SECTIONS 4 AND 8

1746 ARTICLE VIII, SECTION 1

1747 ARTICLE IX, SECTION 7

1748 ARTICLE XI, SECTIONS 1, 3, AND 5

1749 ARTICLE XII

1750 REORGANIZATION OF FLORIDA GOVERNMENT.—Proposing an

1751 amendment to the State Constitution to move the seat of state

1752 government; revise the size and procedures of the Legislature;

1753 create new procedures for redistricting, vacancies and

1754 appointments are; revise the amendment process, create new

1755 cabinet positions, reorganize duties of the cabinet, allow

1756 recall elections, allow counties to become charter counties; and

1757 create a number of elected boards to provide oversight of the

1758 Governor, taxation, public utilities, and state universities.

1759 BE IT FURTHER RESOLVED that the following statement be

1760 placed on the ballot if a court declares the preceding statement

1761 defective and the decision of the court is not reversed:

1762 CONSTITUTIONAL AMENDMENT

1763 A ARTICLE I, SECTION 24

1764 ARTICLE II, SECTION 2

1765 ARTICLE III, SECTIONS 1, 2, 3, 4, 6, 8, 15, 16, 17, AND 19

1766 ARTICLE IV, SECTIONS 1, 2, 3, 4, 5, 6, 7, 14, 15, 16, AND 17

1767 ARTICLE V, SECTION 11

1768 ARTICLE VII, SECTIONS 4 AND 8

1769 ARTICLE VIII, SECTION 1

1770 ARTICLE IX, SECTION 7

1771 ARTICLE XI, SECTIONS 1, 3, AND 5

1772 ARTICLE XII

1773 REORGANIZATION OF FLORIDA GOVERNMENT.—Proposing amendments

1774 to the State Constitution to require public records and meetings

1775 exemption of expire after 6 years unless a supermajority of each

1776 house votes to continue such exemption; move the seat of state

1777 government; revise the size of the Legislature; require each

1778 house to elect a presiding officer; require each house to

1779 designate an executive director; prohibit members from serving

1780 in more than one officer position including committee chair;

1781 allowing legislative officers to be removed; require members of

1782 the Legislature to be paid based the median household income of

1783 a resident of the state; require member training; create minimum

1784 staffing requirements and training for members and committees;

1785 require a Parliamentarian be selected to serve for a 10-year

1786 term; allow the Parliamentarian to only be removed with cause by

1787 a 2/3 vote; provide certain office space and resources to

1788 members; require members meet in an organizational session;

1789 require the Legislature to meet twice a year and for committees

1790 to meet during certain months; revising the membership needed to

1791 constitute a quorum; prohibit limits on debate and requires

1792 minimum time for debate of certain bills; create procedures to

1793 move a bill out of a committee or require a committee hear a

1794 bill; create procedures to end debate on a bill; revising

1795 requirements for posting of bills and amendments; prohibit votes

1796 during certain hours unless necessary to prevent a government

1797 shutdown; create independent Offices of Bill Drafting and

1798 Research; require livestreaming, video archiving, and

1799 transcripts of the Legislature; require legislative staff pass a

1800 civil service exam; require certain committees to be created;

1801 provide requirements for selecting members for committees and

1802 subcommittees; revise committee procedures; revise procedures

1803 for debate and discussion on the floor; prohibit the veto of

1804 appropriations to the Legislature; require Legislative vacancies

1805 be filled by a special election within 120 days; create

1806 independent redistricting commissions for the House of

1807 Representatives, the Senate, and congressional districts;

1808 establish a screening panel and procedure to review commission

1809 applicants; provide that commissioners will be compensated at

1810 the legislative per diem rate; provide commission meeting

1811 requirements and responsibilities; provide that if a commission

1812 hires an attorney, the commission shall be considered the

1813 client; require at least 15 public hearings be held across the

1814 state; requiring each commission to draw district maps based

1815 solely on constitutional provisions; require that three final

1816 maps be approved by at least a two-thirds supermajority,

1817 including votes from at least two independent or minor party

1818 affiliates; require the Legislature to select one map from the

1819 three submitted, by a majority vote, not subject to a

1820 gubernatorial veto; provide that the Supreme Court shall have

1821 original and exclusive jurisdiction over any litigation related

1822 to a district map; provide that if the Legislature fails to

1823 adopt a joint resolution, the Supreme Court shall select the

1824 most compact map from the three submitted, but may not amend any

1825 map; provide that if the Supreme Court finds the Legislature's

1826 adopted map invalid, the Governor shall reconvene the

1827 commissions to create a lawful replacement; create a nonpartisan

1828 revenue estimating conference; require counties receive services

1829 relative to the amount of tax revenue the county generates;

1830 require certain programs be reviewed on a regular schedule;

1831 revise the positions requiring Senate confirmation; require

1832 confirmations hearings be public, noticed in advanced, and that

1833 participants appear in person and disclose conflicts; revise how

1834 vacancies are filled; requiring amendments to the State

1835 Constitution to be shared in public meetings across the state;

1836 prohibit regulation of the amendment or initiative process;

1837 declare existing regulations passed after a certain date to be

1838 void; revise downward the required vote to amend the

1839 constitution to 55 percent; revise the line of succession for

1840 the Governor and cabinet; require the Lieutenant Governor be

1841 elected separately from the Governor; revise the duties of the

1842 Lieutenant Governor and cabinet; create new cabinet positions of

1843 the Auditor General, the Commissioner of Lands, the Health and

1844 Insurance Commissioner, the Labor Commissioner, and the

1845 Education Commissioner; replace the Chief Financial Officer with

1846 a position of Controller; transfer the Governor's authority over

1847 certain departments to members of the cabinet; prohibit the

1848 Governor from removing elected officials from office unless such

1849 official is charged with a crime; require the Legislature to

1850 select the Secretary of State; create a General Land Office

1851 responsible for the managing all property instruments and

1852 recording duties; create an elected Executive Council that

1853 provides guidance to the Governor and may override contracts and

1854 pardons, make nominations, and must approve the budget; create

1855 an elected Board of Equalization to oversee tax and

1856 administration and make recommendations to the tax and budget

1857 reform commission; replace the Board of Governors with an

1858 elected Board of Control to oversee state universities; replace

1859 the Florida Public Service Commission with an elected Board of

1860 Utility Directors; allow the recall of statewide officers and

1861 members of the Legislature; and allow counties without charters

1862 to become charter counties.