CONSTITUTION STATE OF FLORIDA

THE

CONSTITUTION

THE

STATE OF FLORIDA

As revised in

1968

And subsequently amended

November 2022

The Florida Legislature

Office of Legislative Services

Division of Law Revision

2022

Tallahassee, Florida

History

In preparation for statehood, fifty-six delegates from Florida’s twenty counties

assembled in the Panhandle town of Saint Joseph (near Port St. Joe) to frame the 1838

Constitution (cover). The delegates were mainly planters and lawyers from thirteen

of the nation’s twenty-six states and four foreign countries; only three were native

Floridians. Three delegates would later become U.S. Senators; two, governors; and

five, members of the state supreme court. The convention was called to order on

December 3, 1838 and elected Robert Raymond Reid of St. Augustine as president.

The constitution divided the government into the traditional three branches – an

executive headed by the governor elected to a single four year term, a bicameral

legislature that met annually, and a judiciary headed by a supreme court. It banned

bank officers, clergymen, and duelists from election to the legislature and

governorship; and declared free men equal while at the same time preserving slavery.

The constitution was approved by popular vote in 1839 and served as Florida’s

constitution from statehood in 1845 until Florida seceded from the Union in 1861.

The original 1838 Constitution, signed by forty-one delegates on January 11, 1839,

has disappeared. The only surviving handwritten copy is a clerk’s copy signed by

Reid and Joshua Knowles, convention secretary, found by the William N. “Bill”

Galphin family in Fernandina Beach in 1982. The family inherited the copy from

Galphin’s grandfather William Thompson. Thompson married the niece of Judge

John C. McGehee, a delegate to the 1838 convention and president of the Secession

Convention of 1861.

The 1838 Constitution is one of many historical documents that may be found at

the Florida State Archives. Located in the R.A. Gray Building in Tallahassee, the

Archives is mandated by law to collect and preserve documentation of Florida’s past;

including photographs, state records, and private papers of individuals and

organizations.

http://dos.myflorida.com/library-archives/

Cover Page: The background is the image of a page from the 1838 Constitution of

Florida, courtesy of the State Photographic Archives, Florida Department of State.

History: Summary is provided courtesy of the Florida Department of State’s

Division of Library and Information Services.

Additional copies or alternative formats available from:

Law Book Services Office

Division of Law Revision

(850) 488-2323

[email protected]

www.flalegistore.com

CONSTITUTION

OF THE

STATE OF FLORIDA

AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED

The Constitution of the State of Florida as revised in 1968 consisted of certain revised

articles as proposed by three joint resolutions which were adopted during the special session of

June 24-July 3, 1968, and ratified by the electorate on November 5, 1968, together with one

article carried forward from the Constitution of 1885, as amended. The articles proposed in

House Joint Resolution 1-2X constituted the entire revised constitution with the exception of

Articles V, VI, and VIII. Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage

and elections. Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local

government. Article V, relating to the judiciary, was carried forward from the Constitution of

1885, as amended.

Sections composing the 1968 revision have no history notes. Subsequent changes are

indicated by notes appended to the affected sections. The indexes appearing at the beginning

of each article, notes appearing at the end of various sections, and section and subsection

headings are added editorially and are not to be considered as part of the constitution.

PREAMBLE

We, the people of the State of Florida, being grateful to Almighty God for our constitutional

liberty, in order to secure its benefits, perfect our government, insure domestic tranquility,

maintain public order, and guarantee equal civil and political rights to all, do ordain and

establish this constitution.

ARTICLE I

DECLARATION OF RIGHTS

Sec.

1. Political power.

2. Basic rights.

3. Religious freedom.

4. Freedom of speech and press.

5. Right to assemble.

6. Right to work.

7. Military power.

8. Right to bear arms.

9. Due process.

10. Prohibited laws.

11. Imprisonment for debt.

12. Searches and seizures.

13. Habeas corpus.

14. Pretrial release and detention.

15. Prosecution for crime; offenses committed by

children.

16. Rights of accused and of victims.

17. Excessive punishments.

18. Administrative penalties.

19. Costs.

20. Treason.

21. Access to courts.

22. Trial by jury.

23. Right of privacy.

24. Access to public records and meetings.

25. Taxpayers’ Bill of Rights.

26. Claimant’s right to fair compensation.

27. Marriage defined.

SECTION 1. Political power.—All political power is

inherent in the people. The enunciation herein of certain

rights shall not be construed to deny or impair others

retained by the people.

SECTION 2. Basic rights.—All natural persons,

female and male alike, are equal before the law and

have inalienable rights, among which are the right to

enjoy and defend life and liberty, to pursue happiness,

to be rewarded for industry, and to acquire, possess and

protect property. No person shall be deprived of any

right because of race, religion, national origin, or

physical disability.

History.—Am. S.J.R. 917, 1974; adopted 1974; Am. proposed by Constitution

Revision Commission, Revision No. 9, 1998, filed with the Secretary of State May 5,

1998; adopted 1998; Am. proposed by Constitution Revision Commission, Revision

No. 6, 2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 3. Religious freedom.—There shall be

no law respecting the establishment of religion or

prohibiting or penalizing the free exercise thereof.

Religious freedom shall not justify practices inconsistent

with public morals, peace or safety. No revenue of the

state or any political subdivision or agency thereof shall

ever be taken from the public treasury directly or

indirectly in aid of any church, sect, or religious

denomination or in aid of any sectarian institution.

SECTION 4. Freedom of speech and press.—

Every person may speak, write and publish sentiments

on all subjects but shall be responsible for the abuse of

that right. No law shall be passed to restrain or abridge

the liberty of speech or of the press. In all criminal

prosecutions and civil actions for defamation the truth

may be given in evidence. If the matter charged as

defamatory is true and was published with good

motives, the party shall be acquitted or exonerated.

History.—Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 5. Right to assemble.—The people

shall have the right peaceably to assemble, to instruct

their representatives, and to petition for redress of

grievances.

SECTION 6. Right to work.—The right of persons

to work shall not be denied or abridged on account of

membership or non-membership in any labor union or

labor organization. The right of employees, by and

through a labor organization, to bargain collectively shall

not be denied or abridged. Public employees shall not

have the right to strike.

SECTION 7. Military power.—The military power

shall be subordinate to the civil.

SECTION 8. Right to bear arms.—

(a) The right of the people to keep and bear arms in

defense of themselves and of the lawful authority of the

state shall not be infringed, except that the manner of

bearing arms may be regulated by law.

(b) There shall be a mandatory period of three days,

excluding weekends and legal holidays, between the

purchase and delivery at retail of any handgun. For the

purposes of this section, “purchase” means the transfer

of money or other valuable consideration to the retailer,

and “handgun” means a firearm capable of being carried

and used by one hand, such as a pistol or revolver.

Holders of a concealed weapon permit as prescribed in

Florida law shall not be subject to the provisions of this

paragraph.

ARTICLE I CONSTITUTION OF THE STATE OF FLORIDA ARTICLE I

ing subsection (b) of this section, effective no later than

December 31, 1991, which shall provide that anyone

violating the provisions of subsection (b) shall be guilty

of a felony.

(d) This restriction shall not apply to a trade in of

another handgun.

History.—Am. C.S. for S.J.R. 43, 1989; adopted 1990.

SECTION 9. Due process.—No person shall be

deprived of life, liberty or property without due process

of law, or be twice put in jeopardy for the same offense,

or be compelled in any criminal matter to be a witness

against oneself.

History.—Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 10. Prohibited laws.—No bill of attain-

der, ex post facto law or law impairing the obligation of

contracts shall be passed.

SECTION 11. Imprisonment for debt.—No per-

son shall be imprisoned for debt, except in cases of

fraud.

SECTION 12. Searches and seizures.—The right

of the people to be secure in their persons, houses,

papers and effects against unreasonable searches and

seizures, and against the unreasonable interception of

private communications by any means, shall not be

violated. No warrant shall be issued except upon

probable cause, supported by affidavit, particularly

describing the place or places to be searched, the

person or persons, thing or things to be seized, the

communication to be intercepted, and the nature of

evidence to be obtained. This right shall be construed in

conformity with the 4th Amendment to the United States

Constitution, as interpreted by the United States Su-

preme Court. Articles or information obtained in viola-

tion of this right shall not be admissible in evidence if

such articles or information would be inadmissible under

decisions of the United States Supreme Court constru-

ing the 4th Amendment to the United States Constitu-

tion.

History.—Am. H.J.R. 31-H, 1982; adopted 1982.

SECTION 13. Habeas corpus.—The writ of ha-

beas corpus shall be grantable of right, freely and

without cost. It shall be returnable without delay, and

shall never be suspended unless, in case of rebellion or

invasion, suspension is essential to the public safety.

SECTION 14. Pretrial release and detention.—

Unless charged with a capital offense or an offense

punishable by life imprisonment and the proof of guilt is

evident or the presumption is great, every person

charged with a crime or violation of municipal or county

ordinance shall be entitled to pretrial release on reason-

able conditions. If no conditions of release can reason-

ably protect the community from risk of physical harm to

persons, assure the presence of the accused at trial, or

assure the integrity of the judicial process, the accused

may be detained.

History.—Am. H.J.R. 43-H, 1982; adopted 1982.

SECTION 15. Prosecution for crime; offenses

committed by children.—

(a) No person shall be tried for capital crime without

presentment or indictment by a grand jury, or for other

felony without such presentment or indictment or an

information under oath filed by the prosecuting officer of

the court, except persons on active duty in the militia

when tried by courts martial.

(b) When authorized by law, a child as therein

defined may be charged with a violation of law as an

act of delinquency instead of crime and tried without a

jury or other requirements applicable to criminal cases.

Any child so charged shall, upon demand made as

provided by law before a trial in a juvenile proceeding,

be tried in an appropriate court as an adult. A child found

delinquent shall be disciplined as provided by law.

SECTION 16. Rights of accused and of victims.

(a) In all criminal prosecutions the accused shall,

upon demand, be informed of the nature and cause of

the accusation, and shall be furnished a copy of the

charges, and shall have the right to have compulsory

process for witnesses, to confront at trial adverse

witnesses, to be heard in person, by counsel or both,

and to have a speedy and public trial by impartial jury in

the county where the crime was committed. If the county

is not known, the indictment or information may charge

venue in two or more counties conjunctively and proof

that the crime was committed in that area shall be

sufficient; but before pleading the accused may elect in

which of those counties the trial will take place. Venue

for prosecution of crimes committed beyond the bound-

aries of the state shall be fixed by law.

(b) To preserve and protect the right of crime victims

to achieve justice, ensure a meaningful role throughout

the criminal and juvenile justice systems for crime

victims, and ensure that crime victims’ rights and

interests are respected and protected by law in a

manner no less vigorous than protections afforded to

criminal defendants and juvenile delinquents, every

victim is entitled to the following rights, beginning at

the time of his or her victimization:

(1) The right to due process and to be treated with

fairness and respect for the victim’s dignity.

(2) The right to be free from intimidation, harass-

ment, and abuse.

(3) The right, within the judicial process, to be

reasonably protected from the accused and any person

acting on behalf of the accused. However, nothing

contained herein is intended to create a special relation-

ship between the crime victim and any law enforcement

agency or office absent a special relationship or duty as

defined by Florida law.

(4) The right to have the safety and welfare of the

victim and the victim’s family considered when setting

bail, including setting pretrial release conditions that

protect the safety and welfare of the victim and the

victim’s family.

(5) The right to prevent the disclosure of information

or records that could be used to locate or harass the

victim or the victim’s family, or which could disclose

confidential or privileged information of the victim.

ARTICLE I CONSTITUTION OF THE STATE OF FLORIDA ARTICLE I

(6) A victim shall have the following specific rights

upon request:

a. The right to reasonable, accurate, and timely

notice of, and to be present at, all public proceedings

involving the criminal conduct, including, but not limited

to, trial, plea, sentencing, or adjudication, even if the

victim will be a witness at the proceeding, notwithstand-

ing any rule to the contrary. A victim shall also be

provided reasonable, accurate, and timely notice of any

release or escape of the defendant or delinquent, and

any proceeding during which a right of the victim is

implicated.

b. The right to be heard in any public proceeding

involving pretrial or other release from any form of legal

constraint, plea, sentencing, adjudication, or parole, and

any proceeding during which a right of the victim is

implicated.

c. The right to confer with the prosecuting attorney

concerning any plea agreements, participation in pre-

trial diversion programs, release, restitution, senten-

cing, or any other disposition of the case.

d. The right to provide information regarding the

impact of the offender’s conduct on the victim and the

victim’s family to the individual responsible for conduct-

ing any presentence investigation or compiling any

presentence investigation report, and to have any

such information considered in any sentencing recom-

mendations submitted to the court.

e. The right to receive a copy of any presentence

report, and any other report or record relevant to the

exercise of a victim’s right, except for such portions

made confidential or exempt by law.

f. The right to be informed of the conviction,

sentence, adjudication, place and time of incarceration,

or other disposition of the convicted offender, any

scheduled release date of the offender, and the release

of or the escape of the offender from custody.

g. The right to be informed of all postconviction

processes and procedures, to participate in such

processes and procedures, to provide information to

the release authority to be considered before any

release decision is made, and to be notified of any

release decision regarding the offender. The parole or

early release authority shall extend the right to be heard

to any person harmed by the offender.

h. The right to be informed of clemency and

expungement procedures, to provide information to

the governor, the court, any clemency board, and

other authority in these procedures, and to have that

information considered before a clemency or expunge-

ment decision is made; and to be notified of such

decision in advance of any release of the offender.

(7) The rights of the victim, as provided in subpar-

agraph (6)a., subparagraph (6)b., or subparagraph (6)

c., that apply to any first appearance proceeding are

satisfied by a reasonable attempt by the appropriate

agency to notify the victim and convey the victim’s views

to the court.

(8) The right to the prompt return of the victim’s

property when no longer needed as evidence in the

case.

(9) The right to full and timely restitution in every

case and from each convicted offender for all losses

suffered, both directly and indirectly, by the victim as a

result of the criminal conduct.

(10) The right to proceedings free from unreasonable

delay, and to a prompt and final conclusion of the case

and any related postjudgment proceedings.

a. The state attorney may file a good faith demand

for a speedy trial and the trial court shall hold a calendar

call, with notice, within fifteen days of the filing demand,

to schedule a trial to commence on a date at least five

days but no more than sixty days after the date of the

calendar call unless the trial judge enters an order with

specific findings of fact justifying a trial date more than

sixty days after the calendar call.

b. All state-level appeals and collateral attacks on

any judgment must be complete within two years from

the date of appeal in non-capital cases and within five

years from the date of appeal in capital cases, unless a

court enters an order with specific findings as to why the

court was unable to comply with this subparagraph and

the circumstances causing the delay. Each year, the

chief judge of any district court of appeal or the chief

justice of the supreme court shall report on a case-by-

case basis to the speaker of the house of representa-

tives and the president of the senate all cases where the

court entered an order regarding inability to comply with

this subparagraph. The legislature may enact legislation

to implement this subparagraph.

(11) The right to be informed of these rights, and to be

informed that victims can seek the advice of an attorney

with respect to their rights. This information shall be

made available to the general public and provided to all

crime victims in the form of a card or by other means

intended to effectively advise the victim of their rights

under this section.

lawful representative of the victim, or the office of the

state attorney upon request of the victim, may assert

and seek enforcement of the rights enumerated in this

section and any other right afforded to a victim by law in

any trial or appellate court, or before any other authority

with jurisdiction over the case, as a matter of right. The

court or other authority with jurisdiction shall act

promptly on such a request, affording a remedy by

due course of law for the violation of any right. The

reasons for any decision regarding the disposition of a

victim’s right shall be clearly stated on the record.

(d) The granting of the rights enumerated in this

section to victims may not be construed to deny or

impair any other rights possessed by victims. The

provisions of this section apply throughout criminal

and juvenile justice processes, are self-executing, and

do not require implementing legislation. This section

may not be construed to create any cause of action for

damages against the state or a political subdivision of

the state, or any officer, employee, or agent of the state

or its political subdivisions.

(e) As used in this section, a “victim” is a person who

suffers direct or threatened physical, psychological, or

financial harm as a result of the commission or

attempted commission of a crime or delinquent act or

against whom the crime or delinquent act is committed.

The term “victim” includes the victim’s lawful represen-

tative, the parent or guardian of a minor, or the next of

ARTICLE I CONSTITUTION OF THE STATE OF FLORIDA ARTICLE I

kin of a homicide victim, except upon a showing that the

interest of such individual would be in actual or potential

conflict with the interests of the victim. The term “victim”

does not include the accused. The terms “crime” and

“criminal” include delinquent acts and conduct.

History.—Am. S.J.R. 135, 1987; adopted 1988; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May

5, 1998; adopted 1998; Am. proposed by Constitution Revision Commission,

Revision No. 1, 2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 17. Excessive punishments.—Exces-

sive fines, cruel and unusual punishment, attainder,

forfeiture of estate, indefinite imprisonment, and un-

reasonable detention of witnesses are forbidden. The

death penalty is an authorized punishment for capital

crimes designated by the legislature. The prohibition

against cruel or unusual punishment, and the prohibition

against cruel and unusual punishment, shall be con-

strued in conformity with decisions of the United States

Supreme Court which interpret the prohibition against

cruel and unusual punishment provided in the Eighth

Amendment to the United States Constitution. Any

method of execution shall be allowed, unless prohibited

by the United States Constitution. Methods of execution

may be designated by the legislature, and a change in

any method of execution may be applied retroactively. A

sentence of death shall not be reduced on the basis that

a method of execution is invalid. In any case in which an

execution method is declared invalid, the death sen-

tence shall remain in force until the sentence can be

lawfully executed by any valid method. This section

shall apply retroactively.

History.—Am. H.J.R. 3505, 1998; adopted 1998; Am. H.J.R. 951, 2001;

adopted 2002.

SECTION 18. Administrative penalties.—No ad-

ministrative agency, except the Department of Military

Affairs in an appropriately convened court-martial action

as provided by law, shall impose a sentence of

imprisonment, nor shall it impose any other penalty

except as provided by law.

History.—Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 19. Costs.—No person charged with

crime shall be compelled to pay costs before a judgment

of conviction has become final.

SECTION 20. Treason.—Treason against the state

shall consist only in levying war against it, adhering to its

enemies, or giving them aid and comfort, and no person

shall be convicted of treason except on the testimony of

two witnesses to the same overt act or on confession in

open court.

SECTION 21. Access to courts.—The courts shall

be open to every person for redress of any injury, and

justice shall be administered without sale, denial or

delay.

SECTION 22. Trial by jury.—The right of trial by

jury shall be secure to all and remain inviolate. The

qualifications and the number of jurors, not fewer than

six, shall be fixed by law.

SECTION 23. Right of privacy.—Every natural

person has the right to be let alone and free from

governmental intrusion into the person’s private life

except as otherwise provided herein. This section shall

not be construed to limit the public’s right of access to

public records and meetings as provided by law.

History.—Added, C.S. for H.J.R. 387, 1980; adopted 1980; Am. proposed by

Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of

State May 5, 1998; adopted 1998.

SECTION 24. Access to public records and

meetings.—

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

public record made or received in connection with the

official business of any public body, officer, or employee

of the state, or persons acting on their behalf, except

with respect to records exempted pursuant to this

section or specifically made confidential by this Con-

stitution. This section specifically includes the legisla-

tive, executive, and judicial branches of government

and each agency or department created thereunder;

counties, municipalities, and districts; and each con-

stitutional officer, board, and commission, or entity

created pursuant to law or this Constitution.

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

executive branch of state government or of any collegial

public body of a county, municipality, school district, or

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

which public business of such body is to be transacted

or discussed, shall be open and noticed to the public

and meetings of the legislature shall be open and

noticed as provided in Article III, Section 4(e), except

with respect to meetings exempted pursuant to this

section or specifically closed by this Constitution.

lature, however, may provide by general law passed by

a two-thirds vote of each house for the exemption of

records from the requirements of subsection (a) and the

exemption of meetings from the requirements of sub-

section (b), provided that such law shall state with

specificity the public necessity justifying the exemption

and shall be no broader than necessary to accomplish

the stated purpose of the law. The legislature shall enact

laws governing the enforcement of this section, includ-

ing the maintenance, control, destruction, disposal, and

disposition of records made public by this section,

except that each house of the legislature may adopt

rules governing the enforcement of this section in

relation to records of the legislative branch. Laws

enacted pursuant to this subsection shall contain only

exemptions from the requirements of subsections (a) or

(b) and provisions governing the enforcement of this

section, and shall relate to one subject.

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

public access to records or meetings shall remain in

force, and such laws apply to records of the legislative

and judicial branches, until they are repealed. Rules of

court that are in effect on the date of adoption of this

section that limit access to records shall remain in effect

until they are repealed.

History.—Added, C.S. for C.S. for H.J.R.’s 1727, 863, 2035, 1992; adopted

1992; Am. S.J.R. 1284, 2002; adopted 2002.

ARTICLE I CONSTITUTION OF THE STATE OF FLORIDA ARTICLE I

SECTION 25. Taxpayers’ Bill of Rights.—By

general law the legislature shall prescribe and adopt a

Taxpayers’ Bill of Rights that, in clear and concise

language, sets forth taxpayers’ rights and responsibil-

ities and government’s responsibilities to deal fairly with

taxpayers under the laws of this state. This section shall

be effective July 1, 1993.

History.—Proposed by Taxation and Budget Reform Commission, Revision No.

2, 1992, filed with the Secretary of State May 7, 1992; adopted 1992.

Note.—This section, originally designated section 24 by Revision No. 2 of the

Taxation and Budget Reform Commission, 1992, was redesignated section 25 by

the editors in order to avoid confusion with section 24 as contained in H.J.R.’s 1727,

863, 2035, 1992.

SECTION 26. Claimant’s right to fair compensa-

tion.—

(a) Article I, Section 26 is created to read “Clai-

mant’s right to fair compensation.” In any medical

liability claim involving a contingency fee, the claimant

is entitled to receive no less than 70% of the first

$250,000.00 in all damages received by the claimant,

exclusive of reasonable and customary costs, whether

received by judgment, settlement, or otherwise, and

regardless of the number of defendants. The claimant is

entitled to 90% of all damages in excess of

$250,000.00, exclusive of reasonable and customary

costs and regardless of the number of defendants. This

provision is self-executing and does not require im-

plementing legislation.

(b) This Amendment shall take effect on the day

following approval by the voters.

History.—Proposed by Initiative Petition filed with the Secretary of State

September 8, 2003; adopted 2004.

SECTION 27. Marriage defined.—Inasmuch as

marriage is the legal union of only one man and one

woman as husband and wife, no other legal union that is

treated as marriage or the substantial equivalent thereof

shall be valid or recognized.

History.—Proposed by Initiative Petition filed with the Secretary of State

February 9, 2005; adopted 2008.

ARTICLE II

GENERAL PROVISIONS

Sec.

1. State boundaries.

2. Seat of government.

3. Branches of government.

4. State seal and flag.

5. Public officers.

6. Enemy attack.

7. Natural resources and scenic beauty.

8. Ethics in government.

9. English is the official language of Florida.

SECTION 1. State boundaries.—

(a) The state boundaries are: Begin at the mouth of

the Perdido River, which for the purposes of this

description is defined as the point where latitude

30˚16´53´´ north and longitude 87˚31´06´´ west inter-

sect; thence to the point where latitude 30˚17´02´´ north

and longitude 87˚31´06´´ west intersect; thence to the

point where latitude 30˚18´00´´ north and longitude

87˚27´08´´ west intersect; thence to the point where the

center line of the Intracoastal Canal (as the same

existed on June 12, 1953) and longitude 87˚27´00´´

west intersect; the same being in the middle of the

Perdido River; thence up the middle of the Perdido River

to the point where it intersects the south boundary of the

State of Alabama, being also the point of intersection of

the middle of the Perdido River with latitude 31˚00´00´´

north; thence east, along the south boundary line of the

State of Alabama, the same being latitude 31˚00´00´´

north to the middle of the Chattahoochee River; thence

down the middle of said river to its confluence with the

Flint River; thence in a straight line to the head of the St.

Marys River; thence down the middle of said river to the

Atlantic Ocean; thence due east to the edge of the Gulf

Stream or a distance of three geographic miles which-

ever is the greater distance; thence in a southerly

direction along the edge of the Gulf Stream or along a

line three geographic miles from the Atlantic coastline

and three leagues distant from the Gulf of Mexico

coastline, whichever is greater, to and through the

Straits of Florida and westerly, including the Florida

reefs, to a point due south of and three leagues from the

southernmost point of the Marquesas Keys; thence

westerly along a straight line to a point due south of and

three leagues from Loggerhead Key, the westernmost

of the Dry Tortugas Islands; thence westerly, northerly

and easterly along the arc of a curve three leagues

distant from Loggerhead Key to a point due north of

Loggerhead Key; thence northeast along a straight line

to a point three leagues from the coastline of Florida;

thence northerly and westerly three leagues distant

from the coastline to a point west of the mouth of the

Perdido River three leagues from the coastline as

measured on a line bearing south 0˚01´00´´ west from

the point of beginning; thence northerly along said line

to the point of beginning. The State of Florida shall also

include any additional territory within the United States

adjacent to the Peninsula of Florida lying south of the St.

Marys River, east of the Perdido River, and south of the

States of Alabama and Georgia.

(b) The coastal boundaries may be extended by

statute to the limits permitted by the laws of the United

States or international law.

SECTION 2. Seat of government.—The seat of

government shall be the City of Tallahassee, in Leon

County, where the offices of the governor, lieutenant

governor, cabinet members and the supreme court shall

be maintained and the sessions of the legislature shall

be held; provided that, in time of invasion or grave

emergency, the governor by proclamation may for the

period of the emergency transfer the seat of govern-

ment to another place.

SECTION 3. Branches of government.—The

powers of the state government shall be divided into

legislative, executive and judicial branches. No person

belonging to one branch shall exercise any powers

appertaining to either of the other branches unless

expressly provided herein.

ARTICLE I CONSTITUTION OF THE STATE OF FLORIDA ARTICLE II

SECTION 4. State seal and flag.—The design of

the great seal and flag of the state shall be prescribed by

law.

SECTION 5. Public officers.—

(a) No person holding any office of emolument

under any foreign government, or civil office of emolu-

ment under the United States or any other state, shall

hold any office of honor or of emolument under the

government of this state. No person shall hold at the

same time more than one office under the government

of the state and the counties and municipalities therein,

except that a notary public or military officer may hold

another office, and any officer may be a member of a

constitution revision commission, taxation and budget

reform commission, constitutional convention, or statu-

tory body having only advisory powers.

(b) Each state and county officer, before entering

upon the duties of the office, shall give bond as required

by law, and shall swear or affirm:

“I do solemnly swear (or affirm) that I will support,

protect, and defend the Constitution and Government of

the United States and of the State of Florida; that I am

duly qualified to hold office under the Constitution of the

state; and that I will well and faithfully perform the duties

(title of office) on which I am now about to enter. So

help me God.”,

and thereafter shall devote personal attention to the

duties of the office, and continue in office until a

successor qualifies.

of payment of state and county officers shall be fixed by

law.

History.—Am. H.J.R. 1616, 1988; adopted 1988; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May

5, 1998; adopted 1998.

SECTION 6. Enemy attack.—In periods of emer-

gency resulting from enemy attack the legislature shall

have power to provide for prompt and temporary

succession to the powers and duties of all public offices

the incumbents of which may become unavailable to

execute the functions of their offices, and to adopt such

other measures as may be necessary and appropriate

to insure the continuity of governmental operations

during the emergency. In exercising these powers, the

legislature may depart from other requirements of this

constitution, but only to the extent necessary to meet

the emergency.

SECTION 7. Natural resources and scenic

beauty.—

(a) It shall be the policy of the state to conserve and

protect its natural resources and scenic beauty. Ade-

quate provision shall be made by law for the abatement

of air and water pollution and of excessive and

unnecessary noise and for the conservation and

protection of natural resources.

(b) Those in the Everglades Agricultural Area who

cause water pollution within the Everglades Protection

Area or the Everglades Agricultural Area shall be

primarily responsible for paying the costs of the abate-

ment of that pollution. For the purposes of this

subsection, the terms “Everglades Protection Area”

and “Everglades Agricultural Area” shall have the

meanings as defined in statutes in effect on January

1, 1996.

environment, drilling for exploration or extraction of oil

or natural gas is prohibited on lands beneath all state

waters which have not been alienated and that lie

between the mean high water line and the outermost

boundaries of the state’s territorial seas. This prohibition

does not apply to the transportation of oil and gas

products produced outside of such waters. This sub-

section is self-executing.

History.—Am. by Initiative Petition filed with the Secretary of State March 26,

1996; adopted 1996; Am. proposed by Constitution Revision Commission, Revision

No. 5, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am.

proposed by Constitution Revision Commission, Revision No. 4, 2018, filed with the

Secretary of State May 9, 2018; adopted 2018.

SECTION 8. Ethics in government.—A public

office is a public trust. The people shall have the right

to secure and sustain that trust against abuse. To

assure this right:

(a) All elected constitutional officers and candidates

for such offices and, as may be determined by law, other

public officers, candidates, and employees shall file full

and public disclosure of their financial interests.

(b) All elected public officers and candidates for

such offices shall file full and public disclosure of their

campaign finances.

public trust for private gain and any person or entity

inducing such breach shall be liable to the state for all

financial benefits obtained by such actions. The manner

of recovery and additional damages may be provided by

law.

(d) Any public officer or employee who is convicted

of a felony involving a breach of public trust shall be

subject to forfeiture of rights and privileges under a

public retirement system or pension plan in such

manner as may be provided by law.

(e) No member of the legislature or statewide

elected officer shall personally represent another per-

son or entity for compensation before the government

body or agency of which the individual was an officer or

member for a period of two years following vacation of

office. No member of the legislature shall personally

represent another person or entity for compensation

during term of office before any state agency other than

judicial tribunals. Similar restrictions on other public

officers and employees may be established by law.

(f)(1) For purposes of this subsection, the term

“public officer” means a statewide elected officer, a

member of the legislature, a county commissioner, a

county officer pursuant to Article VIII or county charter, a

school board member, a superintendent of schools, an

elected municipal officer, an elected special district

officer in a special district with ad valorem taxing

authority, or a person serving as a secretary, an

executive director, or other agency head of a depart-

ment of the executive branch of state government.

(2) A public officer shall not lobby for compensation

on issues of policy, appropriations, or procurement

before the federal government, the legislature, any state

ARTICLE II CONSTITUTION OF THE STATE OF FLORIDA ARTICLE II

government body or agency, or any political subdivision

of this state, during his or her term of office.

(3) A public officer shall not lobby for compensation

on issues of policy, appropriations, or procurement for a

period of six years after vacation of public position, as

follows:

a. A statewide elected officer or member of the

legislature shall not lobby the legislature or any state

government body or agency.

b. A person serving as a secretary, an executive

director, or other agency head of a department of the

executive branch of state government shall not lobby

the legislature, the governor, the executive office of the

governor, members of the cabinet, a department that is

headed by a member of the cabinet, or his or her former

department.

c. A county commissioner, a county officer pur-

suant to Article VIII or county charter, a school board

member, a superintendent of schools, an elected

municipal officer, or an elected special district officer

in a special district with ad valorem taxing authority shall

not lobby his or her former agency or governing body.

(4) This subsection shall not be construed to prohibit

a public officer from carrying out the duties of his or her

public office.

(5) The legislature may enact legislation to imple-

ment this subsection, including, but not limited to,

defining terms and providing penalties for violations.

Any such law shall not contain provisions on any other

subject.

(g) There shall be an independent commission to

conduct investigations and make public reports on all

complaints concerning breach of public trust by public

officers or employees not within the jurisdiction of the

judicial qualifications commission.

(h)(1) A code of ethics for all state employees and

nonjudicial officers prohibiting conflict between public

duty and private interests shall be prescribed by law.

(2) A public officer or public employee shall not

abuse his or her public position in order to obtain a

disproportionate benefit for himself or herself; his or her

spouse, children, or employer; or for any business with

which he or she contracts; in which he or she is an

officer, a partner, a director, or a proprietor; or in which

he or she owns an interest. The Florida Commission on

Ethics shall, by rule in accordance with statutory

procedures governing administrative rulemaking, define

the term “disproportionate benefit” and prescribe the

requisite intent for finding a violation of this prohibition

for purposes of enforcing this paragraph. Appropriate

penalties shall be prescribed by law.

(i) This section shall not be construed to limit

disclosures and prohibitions which may be established

by law to preserve the public trust and avoid conflicts

between public duties and private interests.

(j) Schedule—On the effective date of this amend-

ment and until changed by law:

(1) Full and public disclosure of financial interests

shall mean filing with the custodian of state records by

July 1 of each year a sworn statement showing net

worth and identifying each asset and liability in excess

of $1,000 and its value together with one of the

following:

a. A copy of the person’s most recent federal

income tax return; or

b. A sworn statement which identifies each sepa-

rate source and amount of income which exceeds

$1,000. The forms for such source disclosure and the

rules under which they are to be filed shall be prescribed

by the independent commission established in subsec-

tion (g), and such rules shall include disclosure of

secondary sources of income.

(2) Persons holding statewide elective offices shall

also file disclosure of their financial interests pursuant to

paragraph (1).

(3) The independent commission provided for in

subsection (g) shall mean the Florida Commission on

Ethics.

History.—Proposed by Initiative Petition filed with the Secretary of State July 29,

1976; adopted 1976; Ams. proposed by Constitution Revision Commission,

Revision Nos. 8 and 13, 1998, filed with the Secretary of State May 5, 1998;

adopted 1998; Am. proposed by Constitution Revision Commission, Revision No. 7,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 9. English is the official language of

Florida.—

(a) English is the official language of the State of

Florida.

(b) The legislature shall have the power to enforce

this section by appropriate legislation.

History.—Proposed by Initiative Petition filed with the Secretary of State August

8, 1988; adopted 1988.

ARTICLE III

LEGISLATURE

Sec.

1. Composition.

2. Members; officers.

3. Sessions of the legislature.

4. Quorum and procedure.

5. Investigations; witnesses.

6. Laws.

7. Passage of bills.

8. Executive approval and veto.

9. Effective date of laws.

10. Special laws.

11. Prohibited special laws.

12. Appropriation bills.

13. Term of office.

14. Civil service system.

15. Terms and qualifications of legislators.

16. Legislative apportionment.

17. Impeachment.

18. Conflict of Interest.

19. State Budgeting, Planning and Appropriations

Processes.

20. Standards for establishing congressional district

boundaries.

21. Standards for establishing legislative district

boundaries.

SECTION 1. Composition.—The legislative power

of the state shall be vested in a legislature of the State of

Florida, consisting of a senate composed of one senator

elected from each senatorial district and a house of

ARTICLE II CONSTITUTION OF THE STATE OF FLORIDA ARTICLE III

representatives composed of one member elected from

each representative district.

SECTION 2. Members; officers.—Each house

shall be the sole judge of the qualifications, elections,

and returns of its members, and shall biennially choose

its officers, including a permanent presiding officer

selected from its membership, who shall be designated

in the senate as President of the Senate, and in the

house as Speaker of the House of Representatives. The

senate shall designate a Secretary to serve at its

pleasure, and the house of representatives shall

designate a Clerk to serve at its pleasure. The

legislature shall appoint an auditor to serve at its

pleasure who shall audit public records and perform

related duties as prescribed by law or concurrent

resolution.

SECTION 3. Sessions of the legislature.—

(a) ORGANIZATION SESSIONS. On the four-

teenth day following each general election the legisla-

ture shall convene for the exclusive purpose of organi-

zation and selection of officers.

(b) REGULAR SESSIONS. A regular session of

the legislature shall convene on the first Tuesday after

the first Monday in March of each odd-numbered year,

and on the second Tuesday after the first Monday in

January of each even-numbered year.

(1) The governor, by proclamation stating the pur-

pose, may convene the legislature in special session

during which only such legislative business may be

transacted as is within the purview of the proclamation,

or of a communication from the governor, or is

introduced by consent of two-thirds of the membership

of each house.

(2) A special session of the legislature may be

convened as provided by law.

(d) LENGTH OF SESSIONS. A regular session of

the legislature shall not exceed sixty consecutive days,

and a special session shall not exceed twenty con-

secutive days, unless extended beyond such limit by a

three-fifths vote of each house. During such an exten-

sion no new business may be taken up in either house

without the consent of two-thirds of its membership.

(e) ADJOURNMENT. Neither house shall adjourn

for more than seventy-two consecutive hours except

pursuant to concurrent resolution.

(f) ADJOURNMENT BY GOVERNOR. If, during

any regular or special session, the two houses cannot

agree upon a time for adjournment, the governor may

adjourn the session sine die or to any date within the

period authorized for such session; provided that, at

least twenty-four hours before adjourning the session,

and while neither house is in recess, each house shall

be given formal written notice of the governor’s intention

to do so, and agreement reached within that period by

both houses on a time for adjournment shall prevail.

History.—Am. C.S. for S.J.R. 380, 1989; adopted 1990; Am. S.J.R. 2606, 1994;

adopted 1994; Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. proposed

by Constitution Revision Commission, Revision No. 5, 2018, filed with the Secretary

of State May 9, 2018; adopted 2018.

SECTION 4. Quorum and procedure.—

(a) A majority of the membership of each house shall

constitute a quorum, but a smaller number may adjourn

from day to day and compel the presence of absent

members in such manner and under such penalties as it

may prescribe. Each house shall determine its rules of

procedure.

(b) Sessions of each house shall be public; except

sessions of the senate when considering appointment

to or removal from public office may be closed.

proceedings; and upon the request of five members

present, the vote of each member voting on any

question shall be entered on the journal. In any

legislative committee or subcommittee, the vote of

each member voting on the final passage of any

legislation pending before the committee, and upon

the request of any two members of the committee or

subcommittee, the vote of each member on any other

question, shall be recorded.

(d) Each house may punish a member for contempt

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

membership, may expel a member.

(e) The rules of procedure of each house shall

provide that all legislative committee and subcommittee

meetings of each house, and joint conference commit-

tee meetings, shall be open and noticed to the public.

The rules of procedure of each house shall further

provide that all prearranged gatherings, between more

than two members of the legislature, or between the

governor, the president of the senate, or the speaker of

the house of representatives, the purpose of which is to

agree upon formal legislative action that will be taken at

a subsequent time, or at which formal legislative action

is taken, regarding pending legislation or amendments,

shall be reasonably open to the public. All open meet-

ings shall be subject to order and decorum. This section

shall be implemented and defined by the rules of each

house, and such rules shall control admission to the

floor of each legislative chamber and may, where

reasonably necessary for security purposes or to

protect a witness appearing before a committee,

provide for the closure of committee meetings. Each

house shall be the sole judge for the interpretation,

implementation, and enforcement of this section.

History.—Am. S.J.R.’s 1990, 2, 1990; adopted 1990.

SECTION 5. Investigations; witnesses.—Each

house, when in session, may compel attendance of

witnesses and production of documents and other

evidence upon any matter under investigation before

it or any of its committees, and may punish by fine not

exceeding one thousand dollars or imprisonment not

exceeding ninety days, or both, any person not a

member who has been guilty of disorderly or contemp-

tuous conduct in its presence or has refused to obey its

lawful summons or to answer lawful questions. Such

powers, except the power to punish, may be conferred

by law upon committees when the legislature is not in

session. Punishment of contempt of an interim legisla-

tive committee shall be by judicial proceedings as

prescribed by law.

ARTICLE III CONSTITUTION OF THE STATE OF FLORIDA ARTICLE III

SECTION 6. Laws.—Every law shall embrace but

one subject and matter properly connected therewith,

and the subject shall be briefly expressed in the title. No

law shall be revised or amended by reference to its title

only. Laws to revise or amend shall set out in full the

revised or amended act, section, subsection or para-

graph of a subsection. The enacting clause of every law

shall read: “Be It Enacted by the Legislature of the State

of Florida:”.

SECTION 7. Passage of bills.—Any bill may

originate in either house and after passage in one

may be amended in the other. It shall be read in each

house on three separate days, unless this rule is waived

by two-thirds vote; provided the publication of its title in

the journal of a house shall satisfy the requirement for

the first reading in that house. On each reading, it shall

be read by title only, unless one-third of the members

present desire it read in full. On final passage, the vote

of each member voting shall be entered on the journal.

Passage of a bill shall require a majority vote in each

house. Each bill and joint resolution passed in both

houses shall be signed by the presiding officers of the

respective houses and by the secretary of the senate

and the clerk of the house of representatives during the

session or as soon as practicable after its adjournment

sine die.

History.—Am. S.J.R. 1349, 1980; adopted 1980.

SECTION 8. Executive approval and veto.—

(a) Every bill passed by the legislature shall be

presented to the governor for approval and shall

become a law if the governor approves and signs it,

or fails to veto it within seven consecutive days after

presentation. If during that period or on the seventh day

the legislature adjourns sine die or takes a recess of

more than thirty days, the governor shall have fifteen

consecutive days from the date of presentation to act on

the bill. In all cases except general appropriation bills,

the veto shall extend to the entire bill. The governor may

veto any specific appropriation in a general appropria-

tion bill, but may not veto any qualification or restriction

without also vetoing the appropriation to which it relates.

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

general appropriation bill has been vetoed, the governor

shall transmit signed objections thereto to the house in

which the bill originated if in session. If that house is not

in session, the governor shall file them with the

custodian of state records, who shall lay them before

that house at its next regular or special session,

whichever occurs first, and they shall be entered on

its journal. If the originating house votes to re-enact a

vetoed measure, whether in a regular or special

session, and the other house does not consider or

fails to re-enact the vetoed measure, no further

consideration by either house at any subsequent

session may be taken. If a vetoed measure is presented

at a special session and the originating house does not

consider it, the measure will be available for considera-

tion at any intervening special session and until the end

of the next regular session.

the bill or reinstate the vetoed specific appropriation of a

general appropriation bill, the vote of each member

voting shall be entered on the respective journals, and

the bill shall become law or the specific appropriation

reinstated, the veto notwithstanding.

History.—Ams. proposed by Constitution Revision Commission, Revision Nos.

8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 9. Effective date of laws.—Each law

shall take effect on the sixtieth day after adjournment

sine die of the session of the legislature in which

enacted or as otherwise provided therein. If the law is

passed over the veto of the governor it shall take effect

on the sixtieth day after adjournment sine die of the

session in which the veto is overridden, on a later date

fixed in the law, or on a date fixed by resolution passed

by both houses of the legislature.

SECTION 10. Special laws.—No special law shall

be passed unless notice of intention to seek enactment

thereof has been published in the manner provided by

general law. Such notice shall not be necessary when

the law, except the provision for referendum, is condi-

tioned to become effective only upon approval by vote of

the electors of the area affected.

SECTION 11. Prohibited special laws.—

(a) There shall be no special law or general law of

local application pertaining to:

(1) election, jurisdiction or duties of officers, except

officers of municipalities, chartered counties, special

districts or local governmental agencies;

(2) assessment or collection of taxes for state or

county purposes, including extension of time therefor,

relief of tax officers from due performance of their

duties, and relief of their sureties from liability;

(3) rules of evidence in any court;

(4) punishment for crime;

(5) petit juries, including compensation of jurors,

except establishment of jury commissions;

(6) change of civil or criminal venue;

(7) conditions precedent to bringing any civil or

criminal proceedings, or limitations of time therefor;

(8) refund of money legally paid or remission of

fines, penalties or forfeitures;

(9) creation, enforcement, extension or impairment

of liens based on private contracts, or fixing of interest

rates on private contracts;

(10) disposal of public property, including any interest

therein, for private purposes;

(11) vacation of roads;

(12) private incorporation or grant of privilege to a

private corporation;

(13) effectuation of invalid deeds, wills or other

instruments, or change in the law of descent;

(14) change of name of any person;

(15) divorce;

(16) legitimation or adoption of persons;

(17) relief of minors from legal disabilities;

(18) transfer of any property interest of persons under

legal disabilities or of estates of decedents;

(19) hunting or fresh water fishing;

(20) regulation of occupations which are regulated by

a state agency; or

ARTICLE III CONSTITUTION OF THE STATE OF FLORIDA ARTICLE III

(21) any subject when prohibited by general law

passed by a three-fifths vote of the membership of

each house. Such law may be amended or repealed by

like vote.

(b) In the enactment of general laws on other

subjects, political subdivisions or other governmental

entities may be classified only on a basis reasonably

related to the subject of the law.

Note.—See the following for prohibited subject matters added under the

authority of this paragraph:

s. 112.67, F.S. (Pertaining to protection of public employee retirement benefits).

s. 121.191, F.S. (Pertaining to state-administered or supported retirement

systems).

s. 145.16, F.S. (Pertaining to compensation of designated county officials).

s. 189.031(2), F.S. (Pertaining to independent special districts).

s. 190.049, F.S. (Pertaining to the creation of independent special districts

having the powers enumerated in two or more of the paragraphs of s. 190.012, F.S.).

s. 215.845, F.S. (Pertaining to the maximum rate of interest on bonds).

s. 298.76(1), F.S. (Pertaining to the grant of authority, power, rights, or privileges

to a water control district formed pursuant to ch. 298, F.S.).

s. 373.503(2)(b), F.S. (Pertaining to allocation of millage for water management

purposes).

s. 1011.77, F.S. (Pertaining to taxation for school purposes and the Florida

Education Finance Program).

s. 1013.37(5), F.S. (Pertaining to the “State Uniform Building Code for Public

Educational Facilities Construction”).

SECTION 12. Appropriation bills.—Laws making

appropriations for salaries of public officers and other

current expenses of the state shall contain provisions on

no other subject.

SECTION 13. Term of office.—No office shall be

created the term of which shall exceed four years except

as provided herein.

SECTION 14. Civil service system.—By law there

shall be created a civil service system for state employ-

ees, except those expressly exempted, and there may

be created civil service systems and boards for county,

district or municipal employees and for such offices

thereof as are not elected or appointed by the governor,

and there may be authorized such boards as are

necessary to prescribe the qualifications, method of

selection and tenure of such employees and officers.

SECTION 15. Terms and qualifications of legis-

lators.—

(a) SENATORS. Senators shall be elected for

terms of four years, those from odd-numbered districts

in the years the numbers of which are multiples of four

and those from even-numbered districts in even-num-

bered years the numbers of which are not multiples of

four; except, at the election next following a reapportion-

ment, some senators shall be elected for terms of two

years when necessary to maintain staggered terms.

(b) REPRESENTATIVES. Members of the house

of representatives shall be elected for terms of two

years in each even-numbered year.

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

the district from which elected and shall have resided in

the state for a period of two years prior to election.

(d) ASSUMING OFFICE; VACANCIES. Members

of the legislature shall take office upon election.

Vacancies in legislative office shall be filled only by

election as provided by law.

SECTION 16. Legislative apportionment.—

(a) SENATORIAL AND REPRESENTATIVE DIS-

TRICTS. The legislature at its regular session in the

second year following each decennial census, by joint

resolution, shall apportion the state in accordance with

the constitution of the state and of the United States into

not less than thirty nor more than forty consecutively

numbered senatorial districts of either contiguous,

overlapping or identical territory, and into not less

than eighty nor more than one hundred twenty con-

secutively numbered representative districts of either

contiguous, overlapping or identical territory. Should

that session adjourn without adopting such joint resolu-

tion, the governor by proclamation shall reconvene the

legislature within thirty days in special apportionment

session which shall not exceed thirty consecutive days,

during which no other business shall be transacted, and

it shall be the mandatory duty of the legislature to adopt

a joint resolution of apportionment.

(b) FAILURE OF LEGISLATURE TO APPORTION;

JUDICIAL REAPPORTIONMENT. In the event a

special apportionment session of the legislature finally

adjourns without adopting a joint resolution of appor-

tionment, the attorney general shall, within five days,

petition the supreme court of the state to make such

apportionment. No later than the sixtieth day after the

filing of such petition, the supreme court shall file with

the custodian of state records an order making such

apportionment.

Within fifteen days after the passage of the joint

resolution of apportionment, the attorney general shall

petition the supreme court of the state for a declaratory

judgment determining the validity of the apportionment.

The supreme court, in accordance with its rules, shall

permit adversary interests to present their views and,

within thirty days from the filing of the petition, shall

enter its judgment.

(d) EFFECT OF JUDGMENT IN APPORTION-

MENT; EXTRAORDINARY APPORTIONMENT SES-

SION. A judgment of the supreme court of the state

determining the apportionment to be valid shall be

binding upon all the citizens of the state. Should the

supreme court determine that the apportionment made

by the legislature is invalid, the governor by proclama-

tion shall reconvene the legislature within five days

thereafter in extraordinary apportionment session which

shall not exceed fifteen days, during which the legis-

lature shall adopt a joint resolution of apportionment

conforming to the judgment of the supreme court.

(e) EXTRAORDINARY APPORTIONMENT SES-

SION; REVIEW OF APPORTIONMENT. Within fif-

teen days after the adjournment of an extraordinary

apportionment session, the attorney general shall file a

petition in the supreme court of the state setting forth the

apportionment resolution adopted by the legislature, or

if none has been adopted reporting that fact to the court.

Consideration of the validity of a joint resolution of

apportionment shall be had as provided for in cases of

such joint resolution adopted at a regular or special

apportionment session.

(f) JUDICIAL REAPPORTIONMENT. Should an

extraordinary apportionment session fail to adopt a

ARTICLE III CONSTITUTION OF THE STATE OF FLORIDA ARTICLE III

resolution of apportionment or should the supreme court

determine that the apportionment made is invalid, the

court shall, not later than sixty days after receiving the

petition of the attorney general, file with the custodian of

state records an order making such apportionment.

History.—Am. proposed by Constitution Revision Commission, Revision No. 8,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 17. Impeachment.—

(a) The governor, lieutenant governor, members of

the cabinet, justices of the supreme court, judges of

district courts of appeal, judges of circuit courts, and

judges of county courts shall be liable to impeachment

for misdemeanor in office. The house of representatives

by two-thirds vote shall have the power to impeach an

officer. The speaker of the house of representatives

shall have power at any time to appoint a committee to

investigate charges against any officer subject to

impeachment.

(b) An officer impeached by the house of represen-

tatives shall be disqualified from performing any official

duties until acquitted by the senate, and, unless

impeached, the governor may by appointment fill the

office until completion of the trial.

tives shall be tried by the senate. The chief justice of the

supreme court, or another justice designated by the

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

the chief justice, in which case the governor shall

preside. The senate shall determine the time for the

trial of any impeachment and may sit for the trial

whether the house of representatives be in session or

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

months after the impeachment. During an impeachment

trial senators shall be upon their oath or affirmation. No

officer shall be convicted without the concurrence of

two-thirds of the members of the senate present.

Judgment of conviction in cases of impeachment shall

remove the offender from office and, in the discretion of

the senate, may include disqualification to hold any

office of honor, trust or profit. Conviction or acquittal

shall not affect the civil or criminal responsibility of the

officer.

History.—Am. S.J.R. 459, 1987; adopted 1988; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May

5, 1998; adopted 1998.

SECTION 18. Conflict of Interest.—A code of

ethics for all state employees and nonjudicial officers

prohibiting conflict between public duty and private

interests shall be prescribed by law.

History.—Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

Note.—This section was repealed effective January 5, 1999, by Am. proposed

by Constitution Revision Commission, Revision No. 13, 1998, filed with the

Secretary of State May 5, 1998; adopted 1998. See s. 5(e), Art. XI, State

Constitution, for constitutional effective date. Identical language to s. 18, Art. III,

State Constitution, was enacted in s. 8(h), Art. II, State Constitution, by Revision No.

13, 1998.

SECTION 19. State Budgeting, Planning and

Appropriations Processes.—

(a) ANNUAL BUDGETING.

(1) General law shall prescribe the adoption of

annual state budgetary and planning processes and

require that detail reflecting the annualized costs of the

state budget and reflecting the nonrecurring costs of the

budget requests shall accompany state department and

agency legislative budget requests, the governor’s

recommended budget, and appropriation bills.

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

membership of each house, appropriations made for

recurring purposes from nonrecurring general revenue

funds for any fiscal year shall not exceed three percent

of the total general revenue funds estimated to be

available at the time such appropriation is made.

(3) As prescribed by general law, each state depart-

ment and agency shall be required to submit a

legislative budget request that is based upon and that

reflects the long-range financial outlook adopted by the

joint legislative budget commission or that specifically

explains any variance from the long-range financial

outlook contained in the request.

(4) For purposes of this section, the terms depart-

ment and agency shall include the judicial branch.

(b) APPROPRIATION BILLS FORMAT. Separate

sections within the general appropriation bill shall be

used for each major program area of the state budget;

major program areas shall include: education enhance-

ment “lottery” trust fund items; education (all other

funds); human services; criminal justice and correc-

tions; natural resources, environment, growth manage-

ment, and transportation; general government; and

judicial branch. Each major program area shall include

an itemization of expenditures for: state operations;

state capital outlay; aid to local governments and

nonprofit organizations operations; aid to local govern-

ments and nonprofit organizations capital outlay; federal

funds and the associated state matching funds; spend-

ing authorizations for operations; and spending author-

izations for capital outlay. Additionally, appropriation

bills passed by the legislature shall include an item-

ization of specific appropriations that exceed one million

dollars ($1,000,000.00) in 1992 dollars. For purposes of

this subsection, “specific appropriation,” “itemization,”

and “major program area” shall be defined by law. This

itemization threshold shall be adjusted by general law

every four years to reflect the rate of inflation or deflation

as indicated in the Consumer Price Index for All Urban

Consumers, U.S. City Average, All Items, or successor

reports as reported by the United States Department of

Labor, Bureau of Labor Statistics or its successor.

Substantive bills containing appropriations shall also be

subject to the itemization requirement mandated under

this provision and shall be subject to the governor’s

specific appropriation veto power described in Article III,

Section 8.

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

joint legislative budget commission shall issue a long-

range financial outlook setting out recommended fiscal

strategies for the state and its departments and

agencies in order to assist the legislature in making

budget decisions. The long-range financial outlook must

include major workload and revenue estimates. In order

to implement this paragraph, the joint legislative budget

commission shall use current official consensus esti-

mates and may request the development of additional

official estimates.

ARTICLE III CONSTITUTION OF THE STATE OF FLORIDA ARTICLE III

(2) The joint legislative budget commission shall

seek input from the public and from the executive and

judicial branches when developing and recommending

the long-range financial outlook.

(3) The legislature shall prescribe by general law

conditions under which limited adjustments to the

budget, as recommended by the governor or the chief

justice of the supreme court, may be approved without

the concurrence of the full legislature.

(d) SEVENTY-TWO HOUR PUBLIC REVIEW PER-

IOD. All general appropriation bills shall be furnished

to each member of the legislature, each member of the

cabinet, the governor, and the chief justice of the

supreme court at least seventy-two hours before final

passage by either house of the legislature of the bill in

the form that will be presented to the governor.

(e) FINAL BUDGET REPORT. A final budget re-

port shall be prepared as prescribed by general law. The

final budget report shall be produced no later than the

120th day after the beginning of the fiscal year, and

copies of the report shall be furnished to each member

of the legislature, the head of each department and

agency of the state, the auditor general, and the chief

justice of the supreme court.

(f) TRUST FUNDS.

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

public body may be created or re-created by law without

a three-fifths vote of the membership of each house of

the legislature in a separate bill for that purpose only.

(2) State trust funds shall terminate not more than

four years after the effective date of the act authorizing

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

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

authorized.

(3) Trust funds required by federal programs or

mandates; trust funds established for bond covenants,

indentures, or resolutions, whose revenues are legally

pledged by the state or public body to meet debt service

or other financial requirements of any debt obligations of

the state or any public body; the state transportation

trust fund; the trust fund containing the net annual

proceeds from the Florida Education Lotteries; the

Florida retirement trust fund; trust funds for institutions

under the management of the Board of Governors,

where such trust funds are for auxiliary enterprises and

contracts, grants, and donations, as those terms are

defined by general law; trust funds that serve as clearing

funds or accounts for the chief financial officer or state

agencies; trust funds that account for assets held by the

state in a trustee capacity as an agent or fiduciary for

individuals, private organizations, or other governmen-

tal units; and other trust funds authorized by this

Constitution, are not subject to the requirements set

forth in paragraph (2) of this subsection.

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

abolished under this subsection shall be deposited into

the general revenue fund.

(g) BUDGET STABILIZATION FUND. Subject to

the provisions of this subsection, an amount equal to at

least 5% of the last completed fiscal year’s net revenue

collections for the general revenue fund shall be

retained in the budget stabilization fund. The budget

stabilization fund’s principal balance shall not exceed an

amount equal to 10% of the last completed fiscal year’s

net revenue collections for the general revenue fund.

The legislature shall provide criteria for withdrawing

funds from the budget stabilization fund in a separate bill

for that purpose only and only for the purpose of

covering revenue shortfalls of the general revenue

fund or for the purpose of providing funding for an

emergency, as defined by general law. General law

shall provide for the restoration of this fund. The budget

stabilization fund shall be comprised of funds not

otherwise obligated or committed for any purpose.

(h) LONG-RANGE STATE PLANNING DOCU-

MENT AND DEPARTMENT AND AGENCY PLAN-

NING DOCUMENT PROCESSES. General law shall

provide for a long-range state planning document. The

governor shall recommend to the legislature biennially

any revisions to the long-range state planning docu-

ment, as defined by law. General law shall require a

biennial review and revision of the long-range state

planning document and shall require all departments

and agencies of state government to develop planning

documents that identify statewide strategic goals and

objectives, consistent with the long-range state planning

document. The long-range state planning document

and department and agency planning documents shall

remain subject to review and revision by the legislature.

The long-range state planning document must include

projections of future needs and resources of the state

which are consistent with the long-range financial

outlook. The department and agency planning docu-

ments shall include a prioritized listing of planned

expenditures for review and possible reduction in the

event of revenue shortfalls, as defined by general law.

(i) GOVERNMENT EFFICIENCY TASK FORCE.

No later than January of 2007, and each fourth year

thereafter, the president of the senate, the speaker of

the house of representatives, and the governor shall

appoint a government efficiency task force, the mem-

bership of which shall be established by general law.

The task force shall be composed of members of the

legislature and representatives from the private and

public sectors who shall develop recommendations for

improving governmental operations and reducing costs.

Staff to assist the task force in performing its duties shall

be assigned by general law, and the task force may

obtain assistance from the private sector. The task force

shall complete its work within one year and shall submit

its recommendations to the joint legislative budget

commission, the governor, and the chief justice of the

supreme court.

(j) JOINT LEGISLATIVE BUDGET COMMIS-

SION. There is created within the legislature the

joint legislative budget commission composed of

equal numbers of senate members appointed by the

president of the senate and house members appointed

by the speaker of the house of representatives. Each

member shall serve at the pleasure of the officer who

appointed the member. A vacancy on the commission

shall be filled in the same manner as the original

appointment. From November of each odd-numbered

year through October of each even-numbered year, the

chairperson of the joint legislative budget commission

shall be appointed by the president of the senate and

ARTICLE III CONSTITUTION OF THE STATE OF FLORIDA ARTICLE III

the vice chairperson of the commission shall be

appointed by the speaker of the house of representa-

tives. From November of each even-numbered year

through October of each odd-numbered year, the

chairperson of the joint legislative budget commission

shall be appointed by the speaker of the house of

representatives and the vice chairperson of the com-

mission shall be appointed by the president of the

senate. The joint legislative budget commission shall be

governed by the joint rules of the senate and the house

of representatives, which shall remain in effect until

repealed or amended by concurrent resolution. The

commission shall convene at least quarterly and shall

convene at the call of the president of the senate and the

speaker of the house of representatives. A majority of

the commission members of each house plus one

additional member from either house constitutes a

quorum. Action by the commission requires a majority

vote of the commission members present of each

house. The commission may conduct its meetings

through teleconferences or similar means. In addition

to the powers and duties specified in this subsection, the

joint legislative budget commission shall exercise all

other powers and perform any other duties not in conflict

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

or joint rule.

History.—Proposed by Taxation and Budget Reform Commission, Revision No.

1, 1992, filed with the Secretary of State May 7, 1992; adopted 1992; Ams. proposed

by Constitution Revision Commission, Revision Nos. 8 and 13, 1998, filed with the

Secretary of State May 5, 1998; adopted 1998; Am. C.S. for S.J.R. 2144, 2005;

adopted 2006.

SECTION 20. Standards for establishing con-

gressional district boundaries.—In establishing con-

gressional district boundaries:

(a) No apportionment plan or individual district shall

be drawn with the intent to favor or disfavor a political

party or an incumbent; and districts shall not be drawn

with the intent or result of denying or abridging the equal

opportunity of racial or language minorities to participate

in the political process or to diminish their ability to elect

representatives of their choice; and districts shall

consist of contiguous territory.

(b) Unless compliance with the standards in this

subsection conflicts with the standards in subsection

(a) or with federal law, districts shall be as nearly equal

in population as is practicable; districts shall be com-

pact; and districts shall, where feasible, utilize existing

political and geographical boundaries.

tions

(a) and (b) of this section are set forth shall not be

read to establish any priority of one standard over the

other within that subsection.

History.—Proposed by Initiative Petition filed with the Secretary of State

September 28, 2007; adopted 2010.

Note.—The subsections of section 20, as it appeared in Amendment No. 6,

proposed by Initiative Petition filed with the Secretary of State September 28, 2007,

and adopted in 2010, were designated (1)-(3); the editors redesignated them as (a)-

SECTION 21. Standards for establishing legis-

lative district boundaries.—In establishing legislative

district boundaries:

(a) No apportionment plan or district shall be drawn

with the intent to favor or disfavor a political party or an

incumbent; and districts shall not be drawn with the

intent or result of denying or abridging the equal

opportunity of racial or language minorities to participate

in the political process or to diminish their ability to elect

representatives of their choice; and districts shall

consist of contiguous territory.

(b) Unless compliance with the standards in this

subsection conflicts with the standards in subsection

(a) or with federal law, districts shall be as nearly equal

in population as is practicable; districts shall be com-

pact; and districts shall, where feasible, utilize existing

political and geographical boundaries.

tions

(a) and (b) of this section are set forth shall not be

read to establish any priority of one standard over the

other within that subsection.

History.—Proposed by Initiative Petition filed with the Secretary of State

September 28, 2007; adopted 2010.

Note.—The subsections of section 21, as it appeared in Amendment No. 5,

proposed by Initiative Petition filed with the Secretary of State September 28, 2007,

and adopted in 2010, were designated (1)-(3); the editors redesignated them as (a)-

ARTICLE IV

EXECUTIVE

Sec.

1. Governor.

2. Lieutenant governor.

3. Succession to office of governor; acting governor.

4. Cabinet.

5. Election of governor, lieutenant governor and

cabinet members; qualifications; terms.

6. Executive departments.

7. Suspensions; filling office during suspensions.

8. Clemency.

9. Fish and wildlife conservation commission.

10. Attorney General.

11. Department of Veterans’ Affairs.

12. Department of Elderly Affairs.

13. Revenue Shortfalls.

SECTION 1. Governor.—

(a) The supreme executive power shall be vested in

a governor, who shall be commander-in-chief of all

military forces of the state not in active service of the

United States. The governor shall take care that the

laws be faithfully executed, commission all officers of

the state and counties, and transact all necessary

business with the officers of government. The governor

may require information in writing from all executive or

administrative state, county or municipal officers upon

any subject relating to the duties of their respective

offices. The governor shall be the chief administrative

officer of the state responsible for the planning and

budgeting for the state.

(b) The governor may initiate judicial proceedings in

the name of the state against any executive or admin-

istrative state, county or municipal officer to enforce

compliance with any duty or restrain any unauthorized

act.

of the justices of the supreme court as to the inter-

pretation of any portion of this constitution upon any

ARTICLE III CONSTITUTION OF THE STATE OF FLORIDA ARTICLE IV

question affecting the governor’s executive powers and

duties. The justices shall, subject to their rules of

procedure, permit interested persons to be heard on

the questions presented and shall render their written

opinion not earlier than ten days from the filing and

docketing of the request, unless in their judgment the

delay would cause public injury.

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

militia to preserve the public peace, execute the laws of

the state, suppress insurrection, or repel invasion.

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

each regular session inform the legislature concerning

the condition of the state, propose such reorganization

of the executive department as will promote efficiency

and economy, and recommend measures in the public

interest.

(f) When not otherwise provided for in this constitu-

tion, the governor shall fill by appointment any vacancy

in state or county office for the remainder of the term of

an appointive office, and for the remainder of the term of

an elective office if less than twenty-eight months,

otherwise until the first Tuesday after the first Monday

following the next general election.

History.—Am. proposed by Taxation and Budget Reform Commission, Revision

No. 1, 1992, filed with the Secretary of State May 7, 1992; adopted 1992; Am.

proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with

the Secretary of State May 5, 1998; adopted 1998.

SECTION 2. Lieutenant governor.—There shall

be a lieutenant governor, who shall perform such duties

pertaining to the office of governor as shall be assigned

by the governor, except when otherwise provided by

law, and such other duties as may be prescribed by law.

History.—Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 3. Succession to office of governor;

acting governor.—

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

lieutenant governor shall become governor. Further

succession to the office of governor shall be prescribed

by law. A successor shall serve for the remainder of the

term.

(b) Upon impeachment of the governor and until

completion of trial thereof, or during the governor’s

physical or mental incapacity, the lieutenant governor

shall act as governor. Further succession as acting

governor shall be prescribed by law. Incapacity to serve

as governor may be determined by the supreme court

upon due notice after docketing of a written suggestion

thereof by three cabinet members, and in such case

restoration of capacity shall be similarly determined

after docketing of written suggestion thereof by the

governor, the legislature or three cabinet members.

Incapacity to serve as governor may also be established

by certificate filed with the custodian of state records by

the governor declaring incapacity for physical reasons

to serve as governor, and in such case restoration of

capacity shall be similarly established.

History.—Ams. proposed by Constitution Revision Commission, Revision Nos.

8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 4. Cabinet.—

(a) There shall be a cabinet composed of an

attorney general, a chief financial officer, and a

commissioner of agriculture. In addition to the powers

and duties specified herein, they shall exercise such

powers and perform such duties as may be prescribed

by law. In the event of a tie vote of the governor and

cabinet, the side on which the governor voted shall be

deemed to prevail.

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

officer. There is created in the office of the attorney

general the position of statewide prosecutor. The

statewide prosecutor shall have concurrent jurisdiction

with the state attorneys to prosecute violations of

criminal laws occurring or having occurred, in two or

more judicial circuits as part of a related transaction, or

when any such offense is affecting or has affected two

or more judicial circuits as provided by general law. The

statewide prosecutor shall be appointed by the attorney

general from not less than three persons nominated by

the judicial nominating commission for the supreme

court, or as otherwise provided by general law.

fiscal officer of the state, and shall settle and approve

accounts against the state, and shall keep all state

funds and securities.

(d) The commissioner of agriculture shall have

supervision of matters pertaining to agriculture except

as otherwise provided by law.

(e) The governor as chair, the chief financial officer,

and the attorney general shall constitute the state board

of administration, which shall succeed to all the power,

control, and authority of the state board of administra-

tion established pursuant to Article IX, Section 16 of the

Constitution of 1885, and which shall continue as a body

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

(f) The governor as chair, the chief financial officer,

the attorney general, and the commissioner of agricul-

ture shall constitute the trustees of the internal improve-

ment trust fund and the land acquisition trust fund as

provided by law.

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

the attorney general, and the commissioner of agricul-

ture shall constitute the agency head of the Department

of Law Enforcement. The Office of Domestic Security

and Counterterrorism is created within the Department

of Law Enforcement. The Office of Domestic Security

and Counterterrorism shall provide support for prose-

cutors and federal, state, and local law enforcement

agencies that investigate or analyze information relating

to attempts or acts of terrorism or that prosecute

terrorism, and shall perform any other duties that are

provided by law.

History.—Am. H.J.R. 435, 1983; adopted 1984; Am. H.J.R. 386, 1985; adopted

1986; Ams. proposed by Constitution Revision Commission, Revision Nos. 8 and

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. proposed

by Constitution Revision Commission, Revision No. 5, 2018, filed with the Secretary

of State May 9, 2018; adopted 2018.

SECTION 5. Election of governor, lieutenant

governor and cabinet members; qualifications;

terms.—

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

year the number of which is even but not a multiple of

four, the electors shall choose a governor and a

lieutenant governor and members of the cabinet each

for a term of four years beginning on the first Tuesday

after the first Monday in January of the succeeding year.

ARTICLE IV CONSTITUTION OF THE STATE OF FLORIDA ARTICLE IV

In primary elections, candidates for the office of

governor may choose to run without a lieutenant

governor candidate. In the general election, all candi-

dates for the offices of governor and lieutenant governor

shall form joint candidacies in a manner prescribed by

law so that each voter shall cast a single vote for a

candidate for governor and a candidate for lieutenant

governor running together.

(b) When elected, the governor, lieutenant governor

and each cabinet member must be an elector not less

than thirty years of age who has resided in the state for

the preceding seven years. The attorney general must

have been a member of the bar of Florida for the

preceding five years. No person who has, or but for

resignation would have, served as governor or acting

governor for more than six years in two consecutive

terms shall be elected governor for the succeeding

term.

History.—Am. proposed by Constitution Revision Commission, Revision No.

11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 6. Executive departments.—All func-

tions of the executive branch of state government shall

be allotted among not more than twenty-five depart-

ments, exclusive of those specifically provided for or

authorized in this constitution. The administration of

each department, unless otherwise provided in this

constitution, shall be placed by law under the direct

supervision of the governor, the lieutenant governor, the

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

board appointed by and serving at the pleasure of the

governor, except:

(a) When provided by law, confirmation by the

senate or the approval of three members of the cabinet

shall be required for appointment to or removal from any

designated statutory office.

(b) Boards authorized to grant and revoke licenses

to engage in regulated occupations shall be assigned to

appropriate departments and their members appointed

for fixed terms, subject to removal only for cause.

SECTION 7. Suspensions; filling office during

suspensions.—

(a) By executive order stating the grounds and filed

with the custodian of state records, the governor may

suspend from office any state officer not subject to

impeachment, any officer of the militia not in the active

service of the United States, or any county officer, for

malfeasance, misfeasance, neglect of duty, drunken-

ness, incompetence, permanent inability to perform

official duties, or commission of a felony, and may fill

the office by appointment for the period of suspension.

The suspended officer may at any time before removal

be reinstated by the governor.

(b) The senate may, in proceedings prescribed by

law, remove from office or reinstate the suspended

official and for such purpose the senate may be

convened in special session by its president or by a

majority of its membership.

officer indicted for crime may be suspended from office

until acquitted and the office filled by appointment for the

period of suspension, not to extend beyond the term,

unless these powers are vested elsewhere by law or the

municipal charter.

History.—Ams. proposed by Constitution Revision Commission, Revision Nos.

8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 8. Clemency.—

(a) Except in cases of treason and in cases where

impeachment results in conviction, the governor may,

by executive order filed with the custodian of state

records, suspend collection of fines and forfeitures,

grant reprieves not exceeding sixty days and, with the

approval of two members of the cabinet, grant full or

conditional pardons, restore civil rights, commute pun-

ishment, and remit fines and forfeitures for offenses.

(b) In cases of treason the governor may grant

reprieves until adjournment of the regular session of the

legislature convening next after the conviction, at which

session the legislature may grant a pardon or further

reprieve; otherwise the sentence shall be executed.

probation commission with power to supervise persons

on probation and to grant paroles or conditional

releases to persons under sentences for crime. The

qualifications, method of selection and terms, not to

exceed six years, of members of the commission shall

be prescribed by law.

History.—Am. proposed by Constitution Revision Commission, Revision No. 8,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 9. Fish and wildlife conservation com-

mission.—There shall be a fish and wildlife conserva-

tion commission, composed of seven members ap-

pointed by the governor, subject to confirmation by the

senate for staggered terms of five years. The commis-

sion shall exercise the regulatory and executive powers

of the state with respect to wild animal life and fresh

water aquatic life, and shall also exercise regulatory and

executive powers of the state with respect to marine life,

except that all license fees for taking wild animal life,

fresh water aquatic life, and marine life and penalties for

violating regulations of the commission shall be pre-

scribed by general law. The commission shall establish

procedures to ensure adequate due process in the

exercise of its regulatory and executive functions. The

legislature may enact laws in aid of the commission, not

inconsistent with this section, except that there shall be

no special law or general law of local application

pertaining to hunting or fishing. The commission’s

exercise of executive powers in the area of planning,

budgeting, personnel management, and purchasing

shall be as provided by law. Revenue derived from

license fees for the taking of wild animal life and fresh

water aquatic life shall be appropriated to the commis-

sion by the legislature for the purposes of management,

protection, and conservation of wild animal life and fresh

water aquatic life. Revenue derived from license fees

relating to marine life shall be appropriated by the

legislature for the purposes of management, protection,

and conservation of marine life as provided by law. The

commission shall not be a unit of any other state agency

and shall have its own staff, which includes manage-

ment, research, and enforcement. Unless provided by

ARTICLE IV CONSTITUTION OF THE STATE OF FLORIDA ARTICLE IV

general law, the commission shall have no authority to

regulate matters relating to air and water pollution.

History.—Am. C.S. for H.J.R. 637, 1973; adopted 1974; Am. proposed by

Constitution Revision Commission, Revision No. 5, 1998, filed with the Secretary of

State May 5, 1998; adopted 1998.

SECTION 10. Attorney General.—The attorney

general shall, as directed by general law, request the

opinion of the justices of the supreme court as to the

validity of any initiative petition circulated pursuant to

Section 3 of Article XI. The justices shall, subject to their

rules of procedure, permit interested persons to be

heard on the questions presented and shall render their

written opinion no later than April 1 of the year in which

the initiative is to be submitted to the voters pursuant to

Section 5 of Article XI.

History.—Added, H.J.R. 71, 1986; adopted 1986; Am. S.J.R. 2394, 2004;

adopted 2004.

SECTION 11. Department of Veterans’ Affairs.

The legislature, by general law, shall provide for a

Department of Veterans’ Affairs and prescribe its duties.

The head of the department is the governor and cabinet.

History.—Added, C.S. for H.J.R. 290, 1988; adopted 1988; Am. proposed by

Constitution Revision Commission, Revision No. 5, 2018, filed with the Secretary of

State May 9, 2018; adopted 2018.

SECTION 12. Department of Elderly Affairs.—

The legislature may create a Department of Elderly

Affairs and prescribe its duties. The provisions govern-

ing the administration of the department must comply

with Section 6 of Article IV of the State Constitution.

History.—Added, C.S. for H.J.R. 290, 1988; adopted 1988.

SECTION 13. Revenue Shortfalls.—In the event

of revenue shortfalls, as defined by general law, the

governor and cabinet may establish all necessary

reductions in the state budget in order to comply with

the provisions of Article VII, Section 1(d). The governor

and cabinet shall implement all necessary reductions for

the executive budget, the chief justice of the supreme

court shall implement all necessary reductions for the

judicial budget, and the speaker of the house of

representatives and the president of the senate shall

implement all necessary reductions for the legislative

budget. Budget reductions pursuant to this section shall

be consistent with the provisions of Article III, Section

19(h).

History.—Proposed by Taxation and Budget Reform Commission Revision No.

1, 1992, filed with the Secretary of State May 7, 1992; adopted 1992.

ARTICLE V

JUDICIARY

Sec.

1. Courts.

2. Administration; practice and procedure.

3. Supreme court.

4. District courts of appeal.

5. Circuit courts.

6. County courts.

7. Specialized divisions.

8. Eligibility.

9. Determination of number of judges.

Sec.

10. Retention; election and terms.

11. Vacancies.

12. Discipline; removal and retirement.

13. Ethics in the judiciary.

14. Funding.

15. Attorneys; admission and discipline.

16. Clerks of the circuit courts.

17. State attorneys.

18. Public defenders.

19. Judicial officers as conservators of the peace.

20. Schedule to Article V.

21. Judicial interpretation of statutes and rules.

SECTION 1. Courts.—The judicial power shall be

vested in a supreme court, district courts of appeal,

circuit courts and county courts. No other courts may be

established by the state, any political subdivision or any

municipality. The legislature shall, by general law, divide

the state into appellate court districts and judicial circuits

following county lines. Commissions established by law,

or administrative officers or bodies may be granted

quasi-judicial power in matters connected with the

functions of their offices. The legislature may establish

by general law a civil traffic hearing officer system for

the purpose of hearing civil traffic infractions. The

legislature may, by general law, authorize a military

court-martial to be conducted by military judges of the

Florida National Guard, with direct appeal of a decision

to the District Court of Appeal, First District.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 1608, 1988; adopted

1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998,

filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 2. Administration; practice and pro-

cedure.—

(a) The supreme court shall adopt rules for the

practice and procedure in all courts including the time

for seeking appellate review, the administrative super-

vision of all courts, the transfer to the court having

jurisdiction of any proceeding when the jurisdiction of

another court has been improvidently invoked, and a

requirement that no cause shall be dismissed because

an improper remedy has been sought. The supreme

court shall adopt rules to allow the court and the district

courts of appeal to submit questions relating to military

law to the federal Court of Appeals for the Armed Forces

for an advisory opinion. Rules of court may be repealed

by general law enacted by two-thirds vote of the

membership of each house of the legislature.

(b) The chief justice of the supreme court shall be

chosen by a majority of the members of the court; shall

be the chief administrative officer of the judicial system;

and shall have the power to assign justices or judges,

including consenting retired justices or judges, to

temporary duty in any court for which the judge is

qualified and to delegate to a chief judge of a judicial

circuit the power to assign judges for duty in that circuit.

shall be chosen by a majority of the judges thereof or, if

there is no majority, by the chief justice. The chief judge

shall be responsible for the administrative supervision of

the court.

ARTICLE IV CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

(d) A chief judge in each circuit shall be chosen from

among the circuit judges as provided by supreme court

rule. The chief judge shall be responsible for the

administrative supervision of the circuit courts and

county courts in his circuit.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May

5, 1998; adopted 1998.

SECTION 3. Supreme court.—

(a) ORGANIZATION.—The supreme court shall

consist of seven justices. Of the seven justices, each

appellate district shall have at least one justice elected

or appointed from the district to the supreme court who

is a resident of the district at the time of the original

appointment or election. Five justices shall constitute a

quorum. The concurrence of four justices shall be

necessary to a decision. When recusals for cause

would prohibit the court from convening because of

the requirements of this section, judges assigned to

temporary duty may be substituted for justices.

(b) JURISDICTION.—The supreme court:

(1) Shall hear appeals from final judgments of trial

courts imposing the death penalty and from decisions of

district courts of appeal declaring invalid a state statute

or a provision of the state constitution.

(2) When provided by general law, shall hear

appeals from final judgments entered in proceedings

for the validation of bonds or certificates of indebted-

ness and shall review action of statewide agencies

relating to rates or service of utilities providing electric,

gas, or telephone service.

(3) May review any decision of a district court of

appeal that expressly declares valid a state statute, or

that expressly construes a provision of the state or

federal constitution, or that expressly affects a class of

constitutional or state officers, or that expressly and

directly conflicts with a decision of another district court

of appeal or of the supreme court on the same question

of law.

(4) May review any decision of a district court of

appeal that passes upon a question certified by it to be

of great public importance, or that is certified by it to be

in direct conflict with a decision of another district court

of appeal.

(5) May review any order or judgment of a trial court

certified by the district court of appeal in which an appeal

is pending to be of great public importance, or to have a

great effect on the proper administration of justice

throughout the state, and certified to require immediate

resolution by the supreme court.

(6) May review a question of law certified by the

Supreme Court of the United States or a United States

Court of Appeals which is determinative of the cause

and for which there is no controlling precedent of the

supreme court of Florida.

(7) May issue writs of prohibition to courts and all

writs necessary to the complete exercise of its jurisdic-

tion.

(8) May issue writs of mandamus and quo warranto

to state officers and state agencies.

(9) May, or any justice may, issue writs of habeas

corpus returnable before the supreme court or any

justice, a district court of appeal or any judge thereof, or

any circuit judge.

(10) Shall, when requested by the attorney general

pursuant to the provisions of Section 10 of Article IV,

render an advisory opinion of the justices, addressing

issues as provided by general law.

shall appoint a clerk and a marshal who shall hold office

during the pleasure of the court and perform such duties

as the court directs. Their compensation shall be fixed

by general law. The marshal shall have the power to

execute the process of the court throughout the state,

and in any county may deputize the sheriff or a deputy

sheriff for such purpose.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. C.S. for S.J.R.’s 49, 81, 1976;

adopted 1976; Am. S.J.R. 20-C, 1979; adopted 1980; Am. H.J.R. 71, 1986; adopted

1986; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998,

filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 4. District courts of appeal.—

(a) ORGANIZATION.—There shall be a district

court of appeal serving each appellate district. Each

district court of appeal shall consist of at least three

judges. Three judges shall consider each case and the

concurrence of two shall be necessary to a decision.

(b) JURISDICTION.—

(1) District courts of appeal shall have jurisdiction to

hear appeals, that may be taken as a matter of right,

from final judgments or orders of trial courts, including

those entered on review of administrative action, not

directly appealable to the supreme court or a circuit

court. They may review interlocutory orders in such

cases to the extent provided by rules adopted by the

supreme court.

(2) District courts of appeal shall have the power of

direct review of administrative action, as prescribed by

general law.

(3) A district court of appeal or any judge thereof

may issue writs of habeas corpus returnable before the

court or any judge thereof or before any circuit judge

within the territorial jurisdiction of the court. A district

court of appeal may issue writs of mandamus, certiorari,

prohibition, quo warranto, and other writs necessary to

the complete exercise of its jurisdiction. To the extent

necessary to dispose of all issues in a cause properly

before it, a district court of appeal may exercise any of

the appellate jurisdiction of the circuit courts.

of appeal shall appoint a clerk and a marshal who shall

hold office during the pleasure of the court and perform

such duties as the court directs. Their compensation

shall be fixed by general law. The marshal shall have the

power to execute the process of the court throughout

the territorial jurisdiction of the court, and in any county

may deputize the sheriff or a deputy sheriff for such

purpose.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 5. Circuit courts.—

(a) ORGANIZATION.—There shall be a circuit court

serving each judicial circuit.

(b) JURISDICTION.—The circuit courts shall have

original jurisdiction not vested in the county courts, and

jurisdiction of appeals when provided by general law.

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

They shall have the power to issue writs of mandamus,

quo warranto, certiorari, prohibition and habeas corpus,

and all writs necessary or proper to the complete

exercise of their jurisdiction. Jurisdiction of the circuit

court shall be uniform throughout the state. They shall

have the power of direct review of administrative action

prescribed by general law.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 6. County courts.—

(a) ORGANIZATION.—There shall be a county

court in each county. There shall be one or more judges

for each county court as prescribed by general law.

(b) JURISDICTION.—The county courts shall ex-

ercise the jurisdiction prescribed by general law. Such

jurisdiction shall be uniform throughout the state.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 7. Specialized divisions.—All courts

except the supreme court may sit in divisions as may

be established by general law. A circuit or county court

may hold civil and criminal trials and hearings in any

place within the territorial jurisdiction of the court as

designated by the chief judge of the circuit.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 8. Eligibility.—No person shall be eligi-

ble for office of justice or judge of any court unless the

person is an elector of the state and resides in the

territorial jurisdiction of the court. No justice or judge

shall serve after attaining the age of seventy-five years

except upon temporary assignment. No person is

eligible for the office of justice of the supreme court or

judge of a district court of appeal unless the person is,

and has been for the preceding ten years, a member of

the bar of Florida. No person is eligible for the office of

circuit judge unless the person is, and has been for the

preceding five years, a member of the bar of Florida.

Unless otherwise provided by general law, no person is

eligible for the office of county court judge unless the

person is, and has been for the preceding five years, a

member of the bar of Florida. Unless otherwise provided

by general law, a person shall be eligible for election or

appointment to the office of county court judge in a

county having a population of 40,000 or less if the

person is a member in good standing of the bar of

Florida.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 37, 1984; adopted 1984

(effective July 1, 1985); Am. proposed by Constitution Revision Commission,

Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998;

Am. proposed by Constitution Revision Commission, Revision No. 1, 2018, filed with

the Secretary of State May 9, 2018; adopted 2018.

SECTION 9. Determination of number of judges.

The supreme court shall establish by rule uniform

criteria for the determination of the need for additional

judges except supreme court justices, the necessity for

decreasing the number of judges and for increasing,

decreasing or redefining appellate districts and judicial

circuits. If the supreme court finds that a need exists for

increasing or decreasing the number of judges or

increasing, decreasing or redefining appellate districts

and judicial circuits, it shall, prior to the next regular

session of the legislature, certify to the legislature its

findings and recommendations concerning such need.

Upon receipt of such certificate, the legislature, at the

next regular session, shall consider the findings and

recommendations and may reject the recommendations

or by law implement the recommendations in whole or in

part; provided the legislature may create more judicial

offices than are recommended by the supreme court or

may decrease the number of judicial offices by a greater

number than recommended by the court only upon a

finding of two-thirds of the membership of both houses

of the legislature, that such a need exists. A decrease in

the number of judges shall be effective only after the

expiration of a term. If the supreme court fails to make

findings as provided above when need exists, the

legislature may by concurrent resolution request the

court to certify its findings and recommendations and

upon the failure of the court to certify its findings for nine

consecutive months, the legislature may, upon a finding

of two-thirds of the membership of both houses of the

legislature that a need exists, increase or decrease the

number of judges or increase, decrease or redefine

appellate districts and judicial circuits.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 10. Retention; election and terms.—

(a) Any justice or judge may qualify for retention by a

vote of the electors in the general election next

preceding the expiration of the justice’s or judge’s

term in the manner prescribed by law. If a justice or

judge is ineligible or fails to qualify for retention, a

vacancy shall exist in that office upon the expiration of

the term being served by the justice or judge. When a

justice or judge so qualifies, the ballot shall read

substantially as follows: “Shall Justice (or Judge)

(name of justice or judge) of the (name of the court) be retained

in office?” If a majority of the qualified electors voting

within the territorial jurisdiction of the court vote to retain,

the justice or judge shall be retained for a term of six

years. The term of the justice or judge retained shall

commence on the first Tuesday after the first Monday in

January following the general election. If a majority of

the qualified electors voting within the territorial jurisdic-

tion of the court vote to not retain, a vacancy shall exist

in that office upon the expiration of the term being

served by the justice or judge.

(b)(1) The election of circuit judges shall be pre-

served notwithstanding the provisions of subsection (a)

unless a majority of those voting in the jurisdiction of that

circuit approves a local option to select circuit judges by

merit selection and retention rather than by election.

The election of circuit judges shall be by a vote of the

qualified electors within the territorial jurisdiction of the

court.

(2) The election of county court judges shall be

preserved notwithstanding the provisions of subsection

(a) unless a majority of those voting in the jurisdiction of

that county approves a local option to select county

judges by merit selection and retention rather than by

election. The election of county court judges shall be by

a vote of the qualified electors within the territorial

jurisdiction of the court.

(3)a. A vote to exercise a local option to select

circuit court judges and county court judges by merit

selection and retention rather than by election shall be

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

held in each circuit and county at the general election in

the year 2000. If a vote to exercise this local option fails

in a vote of the electors, such option shall not again be

put to a vote of the electors of that jurisdiction until the

expiration of at least two years.

b. After the year 2000, a circuit may initiate the local

option for merit selection and retention or the election of

circuit judges, whichever is applicable, by filing with the

custodian of state records a petition signed by the

number of electors equal to at least ten percent of the

votes cast in the circuit in the last preceding election in

which presidential electors were chosen.

c. After the year 2000, a county may initiate the

local option for merit selection and retention or the

election of county court judges, whichever is applicable,

by filing with the supervisor of elections a petition signed

by the number of electors equal to at least ten percent of

the votes cast in the county in the last preceding election

in which presidential electors were chosen. The terms of

circuit judges and judges of county courts shall be for six

years.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. C.S. for S.J.R.’s 49, 81, 1976;

adopted 1976; Ams. proposed by Constitution Revision Commission, Revision Nos.

7 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 11. Vacancies.—

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

which election for retention applies, the governor shall

fill the vacancy by appointing for a term ending on the

first Tuesday after the first Monday in January of the

year following the next general election occurring at

least one year after the date of appointment, one of not

fewer than three persons nor more than six persons

nominated by the appropriate judicial nominating com-

mission.

(b) The governor shall fill each vacancy on a circuit

court or on a county court, wherein the judges are

elected by a majority vote of the electors, by appointing

for a term ending on the first Tuesday after the first

Monday in January of the year following the next

primary and general election occurring at least one

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

three persons nor more than six persons nominated by

the appropriate judicial nominating commission. An

election shall be held to fill that judicial office for the

term of the office beginning at the end of the appointed

term.

from the occurrence of a vacancy unless the period is

extended by the governor for a time not to exceed thirty

days. The governor shall make the appointment within

sixty days after the nominations have been certified to

the governor.

(d) There shall be a separate judicial nominating

commission as provided by general law for the supreme

court, each district court of appeal, and each judicial

circuit for all trial courts within the circuit. Uniform rules

of procedure shall be established by the judicial

nominating commissions at each level of the court

system. Such rules, or any part thereof, may be

repealed by general law enacted by a majority vote of

the membership of each house of the legislature, or by

the supreme court, five justices concurring. Except for

deliberations of the judicial nominating commissions,

the proceedings of the commissions and their records

shall be open to the public.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. C.S. for S.J.R.’s 49, 81, 1976;

adopted 1976; Am. H.J.R. 1160, 1984; adopted 1984; Am. C.S. for S.J.R. 978, 1996;

adopted 1996; Ams. proposed by Constitution Revision Commission, Revision Nos.

7 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 12. Discipline; removal and retire-

ment.—

(a) JUDICIAL QUALIFICATIONS COMMISSION.—

A judicial qualifications commission is created.

(1) There shall be a judicial qualifications commis-

sion vested with jurisdiction to investigate and recom-

mend to the Supreme Court of Florida the removal from

office of any justice or judge whose conduct, during term

of office or otherwise occurring on or after November 1,

1966, (without regard to the effective date of this

section) demonstrates a present unfitness to hold office,

and to investigate and recommend the discipline of a

justice or judge whose conduct, during term of office or

otherwise occurring on or after November 1, 1966

(without regard to the effective date of this section),

warrants such discipline. For purposes of this section,

discipline is defined as any or all of the following:

reprimand, fine, suspension with or without pay, or

lawyer discipline. The commission shall have jurisdic-

tion over justices and judges regarding allegations that

misconduct occurred before or during service as a

justice or judge if a complaint is made no later than one

year following service as a justice or judge. The

commission shall have jurisdiction regarding allegations

of incapacity during service as a justice or judge. The

commission shall be composed of:

a. Two judges of district courts of appeal selected

by the judges of those courts, two circuit judges selected

by the judges of the circuit courts and two judges of

county courts selected by the judges of those courts;

b. Four electors who reside in the state, who are

members of the bar of Florida, and who shall be chosen

by the governing body of the bar of Florida; and

c. Five electors who reside in the state, who have

never held judicial office or been members of the bar of

Florida, and who shall be appointed by the governor.

(2) The members of the judicial qualifications com-

mission shall serve staggered terms, not to exceed six

years, as prescribed by general law. No member of the

commission except a judge shall be eligible for state

judicial office while acting as a member of the commis-

sion and for a period of two years thereafter. No

member of the commission shall hold office in a political

party or participate in any campaign for judicial office or

hold public office; provided that a judge may campaign

for judicial office and hold that office. The commission

shall elect one of its members as its chairperson.

(3) Members of the judicial qualifications commis-

sion not subject to impeachment shall be subject to

removal from the commission pursuant to the provisions

of Article IV, Section 7, Florida Constitution.

(4) The commission shall adopt rules regulating its

proceedings, the filling of vacancies by the appointing

authorities, the disqualification of members, the rotation

of members between the panels, and the temporary

replacement of disqualified or incapacitated members.

The commission’s rules, or any part thereof, may be

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

repealed by general law enacted by a majority vote of

the membership of each house of the legislature, or by

the supreme court, five justices concurring. The com-

mission shall have power to issue subpoenas. Until

formal charges against a justice or judge are filed by the

investigative panel with the clerk of the supreme court of

Florida all proceedings by or before the commission

shall be confidential; provided, however, upon a finding

of probable cause and the filing by the investigative

panel with said clerk of such formal charges against a

justice or judge such charges and all further proceed-

ings before the commission shall be public.

(5) The commission shall have access to all infor-

mation from all executive, legislative and judicial

agencies, including grand juries, subject to the rules

of the commission. At any time, on request of the

speaker of the house of representatives or the governor,

the commission shall make available all information in

the possession of the commission for use in considera-

tion of impeachment or suspension, respectively.

(b) PANELS.—The commission shall be divided into

an investigative panel and a hearing panel as estab-

lished by rule of the commission. The investigative

panel is vested with the jurisdiction to receive or initiate

complaints, conduct investigations, dismiss complaints,

and upon a vote of a simple majority of the panel submit

formal charges to the hearing panel. The hearing panel

is vested with the authority to receive and hear formal

charges from the investigative panel and upon a two-

thirds vote of the panel recommend to the supreme

court the removal of a justice or judge or the involuntary

retirement of a justice or judge for any permanent

disability that seriously interferes with the performance

of judicial duties. Upon a simple majority vote of the

membership of the hearing panel, the panel may

recommend to the supreme court that the justice or

judge be subject to appropriate discipline.

receive recommendations from the judicial qualifica-

tions commission’s hearing panel.

(1) The supreme court may accept, reject, or modify

in whole or in part the findings, conclusions, and

recommendations of the commission and it may order

that the justice or judge be subjected to appropriate

discipline, or be removed from office with termination of

compensation for willful or persistent failure to perform

judicial duties or for other conduct unbecoming a

member of the judiciary demonstrating a present

unfitness to hold office, or be involuntarily retired for

any permanent disability that seriously interferes with

the performance of judicial duties. Malafides, scienter or

moral turpitude on the part of a justice or judge shall not

be required for removal from office of a justice or judge

whose conduct demonstrates a present unfitness to

hold office. After the filing of a formal proceeding and

upon request of the investigative panel, the supreme

court may suspend the justice or judge from office, with

or without compensation, pending final determination of

the inquiry.

(2) The supreme court may award costs to the

prevailing party.

(d) The power of removal conferred by this section

shall be both alternative and cumulative to the power of

impeachment.

(e) Notwithstanding any of the foregoing provisions

of this section, if the person who is the subject of

proceedings by the judicial qualifications commission is

a justice of the supreme court of Florida all justices of

such court automatically shall be disqualified to sit as

justices of such court with respect to all proceedings

therein concerning such person and the supreme court

for such purposes shall be composed of a panel

consisting of the seven chief judges of the judicial

circuits of the state of Florida most senior in tenure of

judicial office as circuit judge. For purposes of determin-

ing seniority of such circuit judges in the event there be

judges of equal tenure in judicial office as circuit judge

the judge or judges from the lower numbered circuit or

circuits shall be deemed senior. In the event any such

chief circuit judge is under investigation by the judicial

qualifications commission or is otherwise disqualified or

unable to serve on the panel, the next most senior chief

circuit judge or judges shall serve in place of such

disqualified or disabled chief circuit judge.

(f) SCHEDULE TO SECTION 12.—

(1) Except to the extent inconsistent with the provi-

sions of this section, all provisions of law and rules of

court in force on the effective date of this article shall

continue in effect until superseded in the manner

authorized by the constitution.

(2) After this section becomes effective and until

adopted by rule of the commission consistent with it:

a. The commission shall be divided, as determined

by the chairperson, into one investigative panel and one

hearing panel to meet the responsibilities set forth in this

section.

b. The investigative panel shall be composed of:

1. Four judges,

2. Two members of the bar of Florida, and

3. Three non-lawyers.

c. The hearing panel shall be composed of:

1. Two judges,

2. Two members of the bar of Florida, and

3. Two non-lawyers.

d. Membership on the panels may rotate in a

manner determined by the rules of the commission

provided that no member shall vote as a member of the

investigative and hearing panel on the same proceed-

ing.

e. The commission shall hire separate staff for each

panel.

f. The members of the commission shall serve for

staggered terms of six years.

g. The terms of office of the present members of the

judicial qualifications commission shall expire upon the

effective date of the amendments to this section

approved by the legislature during the regular session

of the legislature in 1996 and new members shall be

appointed to serve the following staggered terms:

1. Group I.—The terms of five members, composed

of two electors as set forth in s. 12(a)(1)c. of Article V,

one member of the bar of Florida as set forth in s.

12(a)(1)b. of Article V, one judge from the district courts

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

of appeal and one circuit judge as set forth in s. 12(a)(1)

a. of Article V, shall expire on December 31, 1998.

2. Group II.—The terms of five members, com-

posed of one elector as set forth in s. 12(a)(1)c. of

Article V, two members of the bar of Florida as set forth

in s. 12(a)(1)b. of Article V, one circuit judge and one

county judge as set forth in s. 12(a)(1)a. of Article V shall

expire on December 31, 2000.

3. Group III.—The terms of five members, com-

posed of two electors as set forth in s. 12(a)(1)c. of

Article V, one member of the bar of Florida as set forth in

s. 12(a)(1)b., one judge from the district courts of appeal

and one county judge as set forth in s. 12(a)(1)a. of

Article V, shall expire on December 31, 2002.

h. An appointment to fill a vacancy of the commis-

sion shall be for the remainder of the term.

i. Selection of members by district courts of appeal

judges, circuit judges, and county court judges, shall be

by no less than a majority of the members voting at the

respective courts’ conferences. Selection of members

by the board of governors of the bar of Florida shall be

by no less than a majority of the board.

j. The commission shall be entitled to recover the

costs of investigation and prosecution, in addition to any

penalty levied by the supreme court.

k. The compensation of members and referees

shall be the travel expenses or transportation and per

diem allowance as provided by general law.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 3911, 1974; adopted

1974; Am. H.J.R. 1709, 1975; adopted 1976; Am. C.S. for S.J.R. 978, 1996; adopted

1996; Am. proposed by Constitution Revision Commission, Revision No. 7, 1998,

filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 13. Ethics in the judiciary.—

(a) All justices and judges shall devote full time to

their judicial duties. A justice or judge shall not engage in

the practice of law or hold office in any political party.

(b) A former justice or former judge shall not lobby

for compensation on issues of policy, appropriations, or

procurement before the legislative or executive

branches of state government for a period of six

years after he or she vacates his or her judicial position.

The legislature may enact legislation to implement this

subsection, including, but not limited to, defining terms

and providing penalties for violations. Any such law shall

not contain provisions on any other subject.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. proposed by Constitution

Revision Commission, Revision No. 7, 2018, filed with the Secretary of State May 9,

2018; adopted 2018.

SECTION 14. Funding.—

(a) All justices and judges shall be compensated

only by state salaries fixed by general law. Funding for

the state courts system, state attorneys’ offices, public

defenders’ offices, and court-appointed counsel, except

as otherwise provided in subsection (c), shall be

provided from state revenues appropriated by general

law.

(b) All funding for the offices of the clerks of the

circuit and county courts performing court-related func-

tions, except as otherwise provided in this subsection

and subsection (c), shall be provided by adequate and

appropriate filing fees for judicial proceedings and

service charges and costs for performing court-related

functions as required by general law. Selected salaries,

costs, and expenses of the state courts system may be

funded from appropriate filing fees for judicial proceed-

ings and service charges and costs for performing

court-related functions, as provided by general law.

Where the requirements of either the United States

Constitution or the Constitution of the State of Florida

preclude the imposition of filing fees for judicial pro-

ceedings and service charges and costs for performing

court-related functions sufficient to fund the court-

related functions of the offices of the clerks of the circuit

and county courts, the state shall provide, as deter-

mined by the legislature, adequate and appropriate

supplemental funding from state revenues appropriated

by general law.

this subsection, shall be required to provide any funding

for the state courts system, state attorneys’ offices,

public defenders’ offices, court-appointed counsel or the

offices of the clerks of the circuit and county courts

performing court-related functions. Counties shall be

required to fund the cost of communications services,

existing radio systems, existing multi-agency criminal

justice information systems, and the cost of construction

or lease, maintenance, utilities, and security of facilities

for the trial courts, public defenders’ offices, state

attorneys’ offices, and the offices of the clerks of the

circuit and county courts performing court-related func-

tions. Counties shall also pay reasonable and neces-

sary salaries, costs, and expenses of the state courts

system to meet local requirements as determined by

general law.

(d) The judiciary shall have no power to fix appro-

priations.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. proposed by Constitution

Revision Commission, Revision No. 7, 1998, filed with the Secretary of State May 5,

1998; adopted 1998.

SECTION 15. Attorneys; admission and disci-

pline.—The supreme court shall have exclusive jur-

isdiction to regulate the admission of persons to the

practice of law and the discipline of persons admitted.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 16. Clerks of the circuit courts.—

There shall be in each county a clerk of the circuit

court who shall be selected pursuant to the provisions of

Article VIII section 1. Notwithstanding any other provi-

sion of the constitution, the duties of the clerk of the

circuit court may be divided by special or general law

between two officers, one serving as clerk of court and

one serving as ex officio clerk of the board of county

commissioners, auditor, recorder, and custodian of all

county funds. There may be a clerk of the county court if

authorized by general or special law.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 17. State attorneys.—In each judicial

circuit a state attorney shall be elected for a term of four

years. Except as otherwise provided in this constitution,

the state attorney shall be the prosecuting officer of all

trial courts in that circuit and shall perform other duties

prescribed by general law; provided, however, when

authorized by general law, the violations of all municipal

ordinances may be prosecuted by municipal

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

prosecutors. A state attorney shall be an elector of the

state and reside in the territorial jurisdiction of the circuit;

shall be and have been a member of the bar of Florida

for the preceding five years; shall devote full time to the

duties of the office; and shall not engage in the private

practice of law. State attorneys shall appoint such

assistant state attorneys as may be authorized by law.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 386, 1985; adopted

1986; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998,

filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 18. Public defenders.—In each judicial

circuit a public defender shall be elected for a term of

four years, who shall perform duties prescribed by

general law. A public defender shall be an elector of the

state and reside in the territorial jurisdiction of the circuit

and shall be and have been a member of the Bar of

Florida for the preceding five years. Public defenders

shall appoint such assistant public defenders as may be

authorized by law.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May

5, 1998; adopted 1998.

SECTION 19. Judicial officers as conservators

of the peace.—All judicial officers in this state shall be

conservators of the peace.

History.—S.J.R. 52-D, 1971; adopted 1972.

SECTION 20. Schedule to Article V.—

(a) This article shall replace all of Article V of the

Constitution of 1885, as amended, which shall then

stand repealed.

(b) Except to the extent inconsistent with the provi-

sions of this article, all provisions of law and rules of

court in force on the effective date of this article shall

continue in effect until superseded in the manner

authorized by the constitution.

changed by general law consistent with sections 1

through 19 of this article:

(1) The supreme court shall have the jurisdiction

immediately theretofore exercised by it, and it shall

determine all proceedings pending before it on the

effective date of this article.

(2) The appellate districts shall be those in existence

on the date of adoption of this article. There shall be a

district court of appeal in each district. The district courts

of appeal shall have the jurisdiction immediately there-

tofore exercised by the district courts of appeal and shall

determine all proceedings pending before them on the

effective date of this article.

(3) Circuit courts shall have jurisdiction of appeals

from county courts and municipal courts, except those

appeals which may be taken directly to the supreme

court; and they shall have exclusive original jurisdiction

in all actions at law not cognizable by the county courts;

of proceedings relating to the settlement of the estate of

decedents and minors, the granting of letters testamen-

tary, guardianship, involuntary hospitalization, the de-

termination of incompetency, and other jurisdiction

usually pertaining to courts of probate; in all cases in

equity including all cases relating to juveniles; of all

felonies and of all misdemeanors arising out of the same

circumstances as a felony which is also charged; in all

cases involving legality of any tax assessment or toll; in

the action of ejectment; and in all actions involving the

titles or boundaries or right of possession of real

property. The circuit court may issue injunctions.

There shall be judicial circuits which shall be the judicial

circuits in existence on the date of adoption of this

article. The chief judge of a circuit may authorize a

county court judge to order emergency hospitalizations

pursuant to Chapter 71-131, Laws of Florida, in the

absence from the county of the circuit judge and the

county court judge shall have the power to issue all

temporary orders and temporary injunctions necessary

or proper to the complete exercise of such jurisdiction.

(4) County courts shall have original jurisdiction in all

criminal misdemeanor cases not cognizable by the

circuit courts, of all violations of municipal and county

ordinances, and of all actions at law in which the matter

in controversy does not exceed the sum of two thousand

five hundred dollars ($2,500.00) exclusive of interest

and costs, except those within the exclusive jurisdiction

of the circuit courts. Judges of county courts shall be

committing magistrates. The county courts shall have

jurisdiction now exercised by the county judge’s courts

other than that vested in the circuit court by subsection

(c)(3) hereof, the jurisdiction now exercised by the

county courts, the claims court, the small claims courts,

the small claims magistrates courts, magistrates courts,

justice of the peace courts, municipal courts and courts

of chartered counties, including but not limited to the

counties referred to in Article VIII, sections 9, 10, 11 and

24 of the Constitution of 1885.

(5) Each judicial nominating commission shall be

composed of the following:

a. Three members appointed by the Board of

Governors of The Florida Bar from among The Florida

Bar members who are actively engaged in the practice

of law with offices within the territorial jurisdiction of the

affected court, district or circuit;

b. Three electors who reside in the territorial

jurisdiction of the court or circuit appointed by the

governor; and

c. Three electors who reside in the territorial

jurisdiction of the court or circuit and who are not

members of the bar of Florida, selected and appointed

by a majority vote of the other six members of the

commission.

(6) No justice or judge shall be a member of a judicial

nominating commission. A member of a judicial nomi-

nating commission may hold public office other than

judicial office. No member shall be eligible for appoint-

ment to state judicial office so long as that person is a

member of a judicial nominating commission and for a

period of two years thereafter. All acts of a judicial

nominating commission shall be made with a concur-

rence of a majority of its members.

(7) The members of a judicial nominating commis-

sion shall serve for a term of four years except the terms

of the initial members of the judicial nominating com-

missions shall expire as follows:

a. The terms of one member of category a. b. and c.

in subsection (c)(5) hereof shall expire on July 1, 1974;

b. The terms of one member of category a. b. and c.

in subsection (c)(5) hereof shall expire on July 1, 1975;

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

c. The terms of one member of category a. b. and c.

in subsection (c)(5) hereof shall expire on July 1, 1976;

(8) All fines and forfeitures arising from offenses

tried in the county court shall be collected, and

accounted for by clerk of the court, and deposited in a

special trust account. All fines and forfeitures received

from violations of ordinances or misdemeanors com-

mitted within a county or municipal ordinances com-

mitted within a municipality within the territorial jurisdic-

tion of the county court shall be paid monthly to the

county or municipality respectively. If any costs are

assessed and collected in connection with offenses

tried in county court, all court costs shall be paid into the

general revenue fund of the state of Florida and such

other funds as prescribed by general law.

(9) Any municipality or county may apply to the chief

judge of the circuit in which that municipality or county is

situated for the county court to sit in a location suitable to

the municipality or county and convenient in time and

place to its citizens and police officers and upon such

application said chief judge shall direct the court to sit in

the location unless the chief judge shall determine the

request is not justified. If the chief judge does not

authorize the county court to sit in the location

requested, the county or municipality may apply to the

supreme court for an order directing the county court to

sit in the location. Any municipality or county which so

applies shall be required to provide the appropriate

physical facilities in which the county court may hold

court.

(10) All courts except the supreme court may sit in

divisions as may be established by local rule approved

by the supreme court.

(11) A county court judge in any county having a

population of 40,000 or less according to the last

decennial census, shall not be required to be a member

of the bar of Florida.

(12) Municipal prosecutors may prosecute violations

of municipal ordinances.

(13) Justice shall mean a justice elected or appointed

to the supreme court and shall not include any judge

assigned from any court.

(d) When this article becomes effective:

(1) All courts not herein authorized, except as

provided by subsection (d)(4) of this section shall

cease to exist and jurisdiction to conclude all pending

cases and enforce all prior orders and judgments shall

vest in the court that would have jurisdiction of the cause

if thereafter instituted. All records of and property held

by courts abolished hereby shall be transferred to the

proper office of the appropriate court under this article.

(2) Judges of the following courts, if their terms do

not expire in 1973 and if they are eligible under

subsection (d)(8) hereof, shall become additional

judges of the circuit court for each of the counties of

their respective circuits, and shall serve as such circuit

judges for the remainder of the terms to which they were

elected and shall be eligible for election as circuit judges

thereafter. These courts are: civil court of record of

Dade county, all criminal courts of record, the felony

courts of record of Alachua, Leon and Volusia Counties,

the courts of record of Broward, Brevard, Escambia,

Hillsborough, Lee, Manatee and Sarasota Counties, the

civil and criminal court of record of Pinellas County, and

county judge’s courts and separate juvenile courts in

counties having a population in excess of 100,000

according to the 1970 federal census. On the effective

date of this article, there shall be an additional number of

positions of circuit judges equal to the number of

existing circuit judges and the number of judges of

the above named courts whose term expires in 1973.

Elections to such offices shall take place at the same

time and manner as elections to other state judicial

offices in 1972 and the terms of such offices shall be for

a term of six years. Unless changed pursuant to section

nine of this article, the number of circuit judges presently

existing and created by this subsection shall not be

changed.

(3) In all counties having a population of less than

100,000 according to the 1970 federal census and

having more than one county judge on the date of the

adoption of this article, there shall be the same number

of judges of the county court as there are county judges

existing on that date unless changed pursuant to section

9 of this article.

(4) Municipal courts shall continue with their same

jurisdiction until amended or terminated in a manner

prescribed by special or general law or ordinances, or

until January 3, 1977, whichever occurs first. On that

date all municipal courts not previously abolished shall

cease to exist. Judges of municipal courts shall remain

in office and be subject to reappointment or reelection in

the manner prescribed by law until said courts are

terminated pursuant to the provisions of this subsection.

Upon municipal courts being terminated or abolished in

accordance with the provisions of this subsection, the

judges thereof who are not members of the bar of

Florida, shall be eligible to seek election as judges of

county courts of their respective counties.

(5) Judges, holding elective office in all other courts

abolished by this article, whose terms do not expire in

1973 including judges established pursuant to Article

VIII, sections 9 and 11 of the Constitution of 1885 shall

serve as judges of the county court for the remainder of

the term to which they were elected. Unless created

pursuant to section 9, of this Article V such judicial office

shall not continue to exist thereafter.

(6) By March 21, 1972, the supreme court shall

certify the need for additional circuit and county judges.

The legislature in the 1972 regular session may by

general law create additional offices of judge, the terms

of which shall begin on the effective date of this article.

Elections to such offices shall take place at the same

time and manner as election to other state judicial

offices in 1972.

(7) County judges of existing county judge’s courts

and justices of the peace and magistrates’ court who are

not members of bar of Florida shall be eligible to seek

election as county court judges of their respective

counties.

(8) No judge of a court abolished by this article shall

become or be eligible to become a judge of the circuit

court unless the judge has been a member of bar of

Florida for the preceding five years.

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE V

(9) The office of judges of all other courts abolished

by this article shall be abolished as of the effective date

of this article.

(10) The offices of county solicitor and prosecuting

attorney shall stand abolished, and all county solicitors

and prosecuting attorneys holding such offices upon the

effective date of this article shall become and serve as

assistant state attorneys for the circuits in which their

counties are situate for the remainder of their terms, with

compensation not less than that received immediately

before the effective date of this article.

(e) LIMITED OPERATION OF SOME PROVI-

SIONS.—

(1) All justices of the supreme court, judges of the

district courts of appeal and circuit judges in office upon

the effective date of this article shall retain their offices

for the remainder of their respective terms. All members

of the judicial qualifications commission in office upon

the effective date of this article shall retain their offices

for the remainder of their respective terms. Each state

attorney in office on the effective date of this article shall

retain the office for the remainder of the term.

(2) No justice or judge holding office immediately

after this article becomes effective who held judicial

office on July 1, 1957, shall be subject to retirement from

judicial office because of age pursuant to section 8 of

this article.

(f) Until otherwise provided by law, the nonjudicial

duties required of county judges shall be performed by

the judges of the county court.

(g) All provisions of Article V of the Constitution of

1885, as amended, not embraced herein which are not

inconsistent with this revision shall become statutes

subject to modification or repeal as are other statutes.

(h) The requirements of section 14 relative to all

county court judges or any judge of a municipal court

who continues to hold office pursuant to subsection

(d)(4) hereof being compensated by state salaries shall

not apply prior to January 3, 1977, unless otherwise

provided by general law.

(i) DELETION OF OBSOLETE SCHEDULE

ITEMS.—The legislature shall have power, by concur-

rent resolution, to delete from this article any subsection

of this section 20 including this subsection, when all

events to which the subsection to be deleted is or could

become applicable have occurred. A legislative deter-

mination of fact made as a basis for application of this

subsection shall be subject to judicial review.

(j) EFFECTIVE DATE.—Unless otherwise provided

herein, this article shall become effective at 11:59

o’clock P.M., Eastern Standard Time, January 1, 1973.

History.—S.J.R. 52-D, 1971; adopted 1972; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May

5, 1998; adopted 1998.

Note.—All provisions of Art. V of the Constitution of 1885, as amended,

considered as statutory law, were repealed by ch. 73-303, Laws of Florida.

SECTION 21. Judicial interpretation of statutes

and rules.—In interpreting a state statute or rule, a

state court or an officer hearing an administrative action

pursuant to general law may not defer to an adminis-

trative agency’s interpretation of such statute or rule,

and must instead interpret such statute or rule de novo.

History.—Proposed by Constitution Revision Commission, Revision No. 1,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

ARTICLE VI

SUFFRAGE AND ELECTIONS

Sec.

1. Regulation of elections.

2. Electors.

3. Oath.

4. Disqualifications.

5. Primary, general, and special elections.

6. Municipal and district elections.

7. Campaign spending limits and funding of cam-

paigns for elective state-wide office.

SECTION 1. Regulation of elections.—All elec-

tions by the people shall be by direct and secret vote.

General elections shall be determined by a plurality of

votes cast. Registration and elections shall, and political

party functions may, be regulated by law; however, the

requirements for a candidate with no party affiliation or

for a candidate of a minor party for placement of the

candidate’s name on the ballot shall be no greater than

the requirements for a candidate of the party having the

largest number of registered voters.

History.—Am. proposed by Constitution Revision Commission, Revision No.

11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 2. Electors.—Only a citizen of the United

States who is at least eighteen years of age and who is a

permanent resident of the state, if registered as

provided by law, shall be an elector of the county

where registered.

History.—Am. proposed by Constitution Revision Commission, Revision No.

11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. by

Initiative Petition filed with the Secretary of State November 28, 2018; adopted 2020.

SECTION 3. Oath.—Each eligible citizen upon

registering shall subscribe the following: “I do solemnly

swear (or affirm) that I will protect and defend the

Constitution of the United States and the Constitution of

the State of Florida, and that I am qualified to register as

an elector under the Constitution and laws of the State

of Florida.”

SECTION 4. Disqualifications.—

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

this or any other state to be mentally incompetent, shall

be qualified to vote or hold office until restoration of civil

rights or removal of disability. Except as provided in

subsection (b) of this section, any disqualification from

voting arising from a felony conviction shall terminate

and voting rights shall be restored upon completion of all

terms of sentence including parole or probation.

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

offense shall be qualified to vote until restoration of civil

rights.

election to any of the following offices:

(1) Florida representative,

(2) Florida senator,

(3) Florida Lieutenant governor,

(4) any office of the Florida cabinet,

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

ARTICLE V CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VI

(6) U.S. Senator from Florida

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

have served (or, but for resignation, would have served)

in that office for eight consecutive years.

History.—Am. by Initiative Petition filed with the Secretary of State July 23,

1992; adopted 1992; Am. by Initiative Petition filed with the Secretary of State

October 31, 2014; adopted 2018.

SECTION 5. Primary, general, and special elec-

tions.—

(a) A general election shall be held in each county on

the first Tuesday after the first Monday in November of

each even-numbered year to choose a successor to

each elective state and county officer whose term will

expire before the next general election and, except as

provided herein, to fill each vacancy in elective office for

the unexpired portion of the term. A general election

may be suspended or delayed due to a state of

emergency or impending emergency pursuant to gen-

eral law. Special elections and referenda shall be held

as provided by law.

(b) If all candidates for an office have the same party

affiliation and the winner will have no opposition in the

general election, all qualified electors, regardless of

party affiliation, may vote in the primary elections for that

office.

History.—Am. S.J.R. 162, 1992; adopted 1992; Am. proposed by Constitution

Revision Commission, Revision No. 11, 1998, filed with the Secretary of State May

5, 1998; adopted 1998.

SECTION 6. Municipal and district elections.—

Registration and elections in municipalities shall, and in

other governmental entities created by statute may, be

provided by law.

SECTION 7. Campaign spending limits and

funding of campaigns for elective state-wide office.

It is the policy of this state to provide for state-wide

elections in which all qualified candidates may compete

effectively. A method of public financing for campaigns

for state-wide office shall be established by law.

Spending limits shall be established for such campaigns

for candidates who use public funds in their campaigns.

The legislature shall provide funding for this provision.

General law implementing this paragraph shall be at

least as protective of effective competition by a candi-

date who uses public funds as the general law in effect

on January 1, 1998.

History.—Proposed by Constitution Revision Commission, Revision No. 11,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

ARTICLE VII

FINANCE AND TAXATION

Sec.

1. Taxation; appropriations; state expenses; state

revenue limitation.

2. Taxes; rate.

3. Taxes; exemptions.

4. Taxation; assessments.

5. Estate, inheritance and income taxes.

6. Homestead exemptions.

Sec.

7. Allocation of pari-mutuel taxes.

8. Aid to local governments.

9. Local taxes.

10. Pledging credit.

11. State bonds; revenue bonds.

12. Local bonds.

13. Relief from illegal taxes.

14. Bonds for pollution control and abatement and

other water facilities.

15. Revenue bonds for scholarship loans.

16. Bonds for housing and related facilities.

17. Bonds for acquiring transportation right-of-way or

for constructing bridges.

18. Laws requiring counties or municipalities to spend

funds or limiting their ability to raise revenue or

receive state tax revenue.

19. Supermajority vote required to impose, authorize,

or raise state taxes or fees.

SECTION 1. Taxation; appropriations; state ex-

penses; state revenue limitation.—

(a) No tax shall be levied except in pursuance of law.

No state ad valorem taxes shall be levied upon real

estate or tangible personal property. All other forms of

taxation shall be preempted to the state except as

provided by general law.

(b) Motor vehicles, boats, airplanes, trailers, trailer

coaches and mobile homes, as defined by law, shall be

subject to a license tax for their operation in the amounts

and for the purposes prescribed by law, but shall not be

subject to ad valorem taxes.

except in pursuance of appropriation made by law.

(d) Provision shall be made by law for raising

sufficient revenue to defray the expenses of the state

for each fiscal period.

(e) Except as provided herein, state revenues

collected for any fiscal year shall be limited to state

revenues allowed under this subsection for the prior

fiscal year plus an adjustment for growth. As used in this

subsection, “growth” means an amount equal to the

average annual rate of growth in Florida personal

income over the most recent twenty quarters times

the state revenues allowed under this subsection for the

prior fiscal year. For the 1995-1996 fiscal year, the state

revenues allowed under this subsection for the prior

fiscal year shall equal the state revenues collected for

the 1994-1995 fiscal year. Florida personal income shall

be determined by the legislature, from information

available from the United States Department of Com-

merce or its successor on the first day of February prior

to the beginning of the fiscal year. State revenues

collected for any fiscal year in excess of this limitation

shall be transferred to the budget stabilization fund until

the fund reaches the maximum balance specified in

Section 19(g) of Article III, and thereafter shall be

refunded to taxpayers as provided by general law. State

revenues allowed under this subsection for any fiscal

year may be increased by a two-thirds vote of the

membership of each house of the legislature in a

separate bill that contains no other subject and that

ARTICLE VI CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

sets forth the dollar amount by which the state revenues

allowed will be increased. The vote may not be taken

less than seventy-two hours after the third reading of the

bill. For purposes of this subsection, “state revenues”

means taxes, fees, licenses, and charges for services

imposed by the legislature on individuals, businesses,

or agencies outside state government. However, “state

revenues” does not include: revenues that are neces-

sary to meet the requirements set forth in documents

authorizing the issuance of bonds by the state; reve-

nues that are used to provide matching funds for the

federal Medicaid program with the exception of the

revenues used to support the Public Medical Assistance

Trust Fund or its successor program and with the

exception of state matching funds used to fund elective

expansions made after July 1, 1994; proceeds from the

state lottery returned as prizes; receipts of the Florida

Hurricane Catastrophe Fund; balances carried forward

from prior fiscal years; taxes, licenses, fees, and

charges for services imposed by local, regional, or

school district governing bodies; or revenue from taxes,

licenses, fees, and charges for services required to be

imposed by any amendment or revision to this con-

stitution after July 1, 1994. An adjustment to the revenue

limitation shall be made by general law to reflect the

fiscal impact of transfers of responsibility for the funding

of governmental functions between the state and other

levels of government. The legislature shall, by general

law, prescribe procedures necessary to administer this

subsection.

History.—Am. H.J.R. 2053, 1994; adopted 1994.

SECTION 2. Taxes; rate.—All ad valorem taxation

shall be at a uniform rate within each taxing unit, except

the taxes on intangible personal property may be at

different rates but shall never exceed two mills on the

dollar of assessed value; provided, as to any obligations

secured by mortgage, deed of trust, or other lien on real

estate wherever located, an intangible tax of not more

than two mills on the dollar may be levied by law to be in

lieu of all other intangible assessments on such obliga-

tions.

SECTION 3. Taxes; exemptions.—

(a) All property owned by a municipality and used

exclusively by it for municipal or public purposes shall

be exempt from taxation. A municipality, owning prop-

erty outside the municipality, may be required by

general law to make payment to the taxing unit in

which the property is located. Such portions of property

as are used predominantly for educational, literary,

scientific, religious or charitable purposes may be

exempted by general law from taxation.

(b) There shall be exempt from taxation, cumula-

tively, to every head of a family residing in this state,

household goods and personal effects to the value fixed

by general law, not less than one thousand dollars, and

to every widow or widower or person who is blind or

totally and permanently disabled, property to the value

fixed by general law not less than five hundred dollars.

of its respective tax levy and subject to the provisions of

this subsection and general law, grant community and

economic development ad valorem tax exemptions to

new businesses and expansions of existing businesses,

as defined by general law. Such an exemption may be

granted only by ordinance of the county or municipality,

and only after the electors of the county or municipality

voting on such question in a referendum authorize the

county or municipality to adopt such ordinances. An

exemption so granted shall apply to improvements to

real property made by or for the use of a new business

and improvements to real property related to the

expansion of an existing business and shall also

apply to tangible personal property of such new busi-

ness and tangible personal property related to the

expansion of an existing business. The amount or limits

of the amount of such exemption shall be specified by

general law. The period of time for which such exemp-

tion may be granted to a new business or expansion of

an existing business shall be determined by general

law. The authority to grant such exemption shall expire

ten years from the date of approval by the electors of the

county or municipality, and may be renewable by

referendum as provided by general law.

(d) Any county or municipality may, for the purpose

of its respective tax levy and subject to the provisions of

this subsection and general law, grant historic preser-

vation ad valorem tax exemptions to owners of historic

properties. This exemption may be granted only by

ordinance of the county or municipality. The amount or

limits of the amount of this exemption and the require-

ments for eligible properties must be specified by

general law. The period of time for which this exemption

may be granted to a property owner shall be determined

by general law.

(e) By general law and subject to conditions spec-

ified therein:

(1) Twenty-five thousand dollars of the assessed

value of property subject to tangible personal property

tax shall be exempt from ad valorem taxation.

(2) The assessed value of solar devices or renew-

able energy source devices subject to tangible personal

property tax may be exempt from ad valorem taxation,

subject to limitations provided by general law.

(f) There shall be granted an ad valorem tax

exemption for real property dedicated in perpetuity for

conservation purposes, including real property encum-

bered by perpetual conservation easements or by other

perpetual conservation protections, as defined by gen-

eral law.

(g) By general law and subject to the conditions

specified therein, each person who receives a home-

stead exemption as provided in section 6 of this article;

who was a member of the United States military or

military reserves, the United States Coast Guard or its

reserves, or the Florida National Guard; and who was

deployed during the preceding calendar year on active

duty outside the continental United States, Alaska, or

Hawaii in support of military operations designated by

the legislature shall receive an additional exemption

equal to a percentage of the taxable value of his or her

homestead property. The applicable percentage shall

be calculated as the number of days during the

preceding calendar year the person was deployed on

active duty outside the continental United States,

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

Alaska, or Hawaii in support of military operations

designated by the legislature divided by the number

of days in that year.

History.—Am. S.J.R.’s 9-E, 15-E, 1980; adopted 1980; Am. C.S. for S.J.R.’s

318, 356, 1988; adopted 1988; Am. S.J.R. 152, 1992; adopted 1992; Am. H.J.R.

969, 1997; adopted 1998; Am. C.S. for S.J.R. 2-D, 2007; adopted 2008; Ams.

proposed by Taxation and Budget Reform Commission, Revision Nos. 3 and 4,

2008, filed with the Secretary of State April 28, 2008; adopted 2008; Am. H.J.R. 833,

2009; adopted 2010; Am. C.S. for H.J.R. 193, 2016; adopted 2016.

Note.—Section 34, Art. XII, State Constitution, provides in part that “the

amendment to subsection (e) of Section 3 of Article VII authorizing the legislature,

subject to limitations set forth in general law, to exempt the assessed value of solar

devices or renewable energy source devices subject to tangible personal property

tax from ad valorem taxation . . . shall take effect on January 1, 2018, and shall

expire on December 31, 2037. Upon expiration, this section shall be repealed and

the text of subsection (e) of Section 3 of Article VII . . . shall revert to that in

existence on December 31, 2017, except that any amendments to such text

otherwise adopted shall be preserved and continue to operate to the extent that such

amendments are not dependent upon the portions of text which expire pursuant to

this section.” Effective December 31, 2037, s. 3(e), Art. VII, State Constitution, will

read:

(e) By general law and subject to conditions specified therein, twenty-five

thousand dollars of the assessed value of property subject to tangible personal

property tax shall be exempt from ad valorem taxation.

Note.—This subsection, originally designated (g) by Revision No. 4 of the

Taxation and Budget Reform Commission, 2008, was redesignated (f) by the editors

to conform to the redesignation of subsections by Revision No. 3 of the Taxation and

Budget Reform Commission, 2008.

SECTION 4. Taxation; assessments.—By gener-

al law regulations shall be prescribed which shall secure

a just valuation of all property for ad valorem taxation,

provided:

(a) Agricultural land, land producing high water

recharge to Florida’s aquifers, or land used exclusively

for noncommercial recreational purposes may be clas-

sified by general law and assessed solely on the basis of

character or use.

(b) As provided by general law and subject to

conditions, limitations, and reasonable definitions spec-

ified therein, land used for conservation purposes shall

be classified by general law and assessed solely on the

basis of character or use.

erty held for sale as stock in trade and livestock may be

valued for taxation at a specified percentage of its value,

may be classified for tax purposes, or may be exempted

from taxation.

(d) All persons entitled to a homestead exemption

under Section 6 of this Article shall have their home-

stead assessed at just value as of January 1 of the year

following the effective date of this amendment. This

assessment shall change only as provided in this

subsection.

(1) Assessments subject to this subsection shall be

changed annually on January 1st of each year; but

those changes in assessments shall not exceed the

lower of the following:

a. Three percent (3%) of the assessment for the

prior year.

b. The percent change in the Consumer Price Index

for all urban consumers, U.S. City Average, all items

1967=100, or successor reports for the preceding

calendar year as initially reported by the United States

Department of Labor, Bureau of Labor Statistics.

(2) No assessment shall exceed just value.

(3) After any change of ownership, as provided by

general law, homestead property shall be assessed at

just value as of January 1 of the following year, unless

the provisions of paragraph (8) apply. Thereafter, the

homestead shall be assessed as provided in this

subsection.

(4) New homestead property shall be assessed at

just value as of January 1st of the year following the

establishment of the homestead, unless the provisions

of paragraph (8) apply. That assessment shall only

change as provided in this subsection.

(5) Changes, additions, reductions, or improve-

ments to homestead property shall be assessed as

provided for by general law; provided, however, after the

adjustment for any change, addition, reduction, or

improvement, the property shall be assessed as pro-

vided in this subsection.

(6) In the event of a termination of homestead

status, the property shall be assessed as provided by

general law.

(7) The provisions of this amendment are severable.

If any of the provisions of this amendment shall be held

unconstitutional by any court of competent jurisdiction,

the decision of such court shall not affect or impair any

remaining provisions of this amendment.

(8)a. A person who establishes a new homestead

as of January 1 and who has received a homestead

exemption pursuant to Section 6 of this Article as of

January 1 of any of the three years immediately

preceding the establishment of the new homestead is

entitled to have the new homestead assessed at less

than just value. The assessed value of the newly

established homestead shall be determined as follows:

1. If the just value of the new homestead is greater

than or equal to the just value of the prior homestead as

of January 1 of the year in which the prior homestead

was abandoned, the assessed value of the new home-

stead shall be the just value of the new homestead

minus an amount equal to the lesser of $500,000 or the

difference between the just value and the assessed

value of the prior homestead as of January 1 of the year

in which the prior homestead was abandoned. There-

after, the homestead shall be assessed as provided in

this subsection.

2. If the just value of the new homestead is less

than the just value of the prior homestead as of January

1 of the year in which the prior homestead was

abandoned, the assessed value of the new homestead

shall be equal to the just value of the new homestead

divided by the just value of the prior homestead and

multiplied by the assessed value of the prior homestead.

However, if the difference between the just value of the

new homestead and the assessed value of the new

homestead calculated pursuant to this sub-subpara-

graph is greater than $500,000, the assessed value of

the new homestead shall be increased so that the

difference between the just value and the assessed

value equals $500,000. Thereafter, the homestead shall

be assessed as provided in this subsection.

b. By general law and subject to conditions spec-

ified therein, the legislature shall provide for application

of this paragraph to property owned by more than one

person.

(e) The legislature may, by general law, for assess-

ment purposes and subject to the provisions of this

subsection, allow counties and municipalities to author-

ize by ordinance that historic property may be assessed

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

solely on the basis of character or use. Such character

or use assessment shall apply only to the jurisdiction

adopting the ordinance. The requirements for eligible

properties must be specified by general law.

(f) A county may, in the manner prescribed by

general law, provide for a reduction in the assessed

value of homestead property to the extent of any

increase in the assessed value of that property which

results from the construction or reconstruction of the

property for the purpose of providing living quarters for

one or more natural or adoptive grandparents or parents

of the owner of the property or of the owner’s spouse if

at least one of the grandparents or parents for whom the

living quarters are provided is 62 years of age or older.

Such a reduction may not exceed the lesser of the

following:

(1) The increase in assessed value resulting from

construction or reconstruction of the property.

(2) Twenty percent of the total assessed value of the

property as improved.

(g) For all levies other than school district levies,

assessments of residential real property, as defined by

general law, which contains nine units or fewer and

which is not subject to the assessment limitations set

forth in subsections (a) through (d) shall change only as

provided in this subsection.

(1) Assessments subject to this subsection shall be

changed annually on the date of assessment provided

by law; but those changes in assessments shall not

exceed ten percent (10%) of the assessment for the

prior year.

(2) No assessment shall exceed just value.

(3) After a change of ownership or control, as

defined by general law, including any change of own-

ership of a legal entity that owns the property, such

property shall be assessed at just value as of the next

assessment date. Thereafter, such property shall be

assessed as provided in this subsection.

(4) Changes, additions, reductions, or improve-

ments to such property shall be assessed as provided

for by general law; however, after the adjustment for any

change, addition, reduction, or improvement, the prop-

erty shall be assessed as provided in this subsection.

(h) For all levies other than school district levies,

assessments of real property that is not subject to the

assessment limitations set forth in subsections (a)

through (d) and (g) shall change only as provided in

this subsection.

(1) Assessments subject to this subsection shall be

changed annually on the date of assessment provided

by law; but those changes in assessments shall not

exceed ten percent (10%) of the assessment for the

prior year.

(2) No assessment shall exceed just value.

(3) The legislature must provide that such property

shall be assessed at just value as of the next assess-

ment date after a qualifying improvement, as defined by

general law, is made to such property. Thereafter, such

property shall be assessed as provided in this subsec-

tion.

(4) The legislature may provide that such property

shall be assessed at just value as of the next assess-

ment date after a change of ownership or control, as

defined by general law, including any change of own-

ership of the legal entity that owns the property.

Thereafter, such property shall be assessed as pro-

vided in this subsection.

(5) Changes, additions, reductions, or improve-

ments to such property shall be assessed as provided

for by general law; however, after the adjustment for any

change, addition, reduction, or improvement, the prop-

erty shall be assessed as provided in this subsection.

(i) The legislature, by general law and subject to

conditions specified therein, may prohibit the considera-

tion of the following in the determination of the assessed

value of real property:

(1) Any change or improvement to real property

used for residential purposes made to improve the

property’s resistance to wind damage.

(2) The installation of a solar or renewable energy

source device.

(j)(1) The assessment of the following working

waterfront properties shall be based upon the current

use of the property:

a. Land used predominantly for commercial fishing

purposes.

b. Land that is accessible to the public and used for

vessel launches into waters that are navigable.

c. Marinas and drystacks that are open to the

public.

d. Water-dependent marine manufacturing facil-

ities, commercial fishing facilities, and marine vessel

construction and repair facilities and their support

activities.

(2) The assessment benefit provided by this sub-

section is subject to conditions and limitations and

reasonable definitions as specified by the legislature by

general law.

History.—Am. S.J.R. 12-E, 1980; adopted 1980; Am. H.J.R. 214, 1987; adopted

1988; Am. by Initiative Petition filed with the Secretary of State August 3, 1992;

adopted 1992; Am. H.J.R. 969, 1997; adopted 1998; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May

5, 1998; adopted 1998; Am. C.S. for H.J.R. 317, 2002; adopted 2002; Am. C.S. for

S.J.R. 2-D, 2007; adopted 2008; Ams. Proposed by Taxation and Budget Reform

Commission, Revision Nos. 3, 4, and 6, 2008, filed with the Secretary of State April

28, 2008; adopted 2008; Am. C.S. for H.J.R. 193, 2016; adopted 2016; Am. H.J.R.

369, 2020; adopted 2020.

Note.—

A. This subsection, originally designated (h) by Revision No. 3 of the Taxation

and Budget Reform Commission, 2008, was redesignated (i) by the editors to

conform to the redesignation of subsections by Revision No. 4 of the Taxation and

Budget Reform Commission, 2008.

B. Section 34, Art. XII, State Constitution, provides in part that “the amendment

to subsection (i) of Section 4 of Article VII authorizing the legislature, by general law,

to prohibit the consideration of the installation of a solar device or a renewable

energy source device in determining the assessed value of real property for the

purpose of ad valorem taxation shall take effect on January 1, 2018, and shall expire

on December 31, 2037. Upon expiration, this section shall be repealed and the text

of . . . subsection (i) of Section 4 of Article VII shall revert to that in existence on

December 31, 2017, except that any amendments to such text otherwise adopted

shall be preserved and continue to operate to the extent that such amendments are

not dependent upon the portions of text which expire pursuant to this section.”

Effective December 31, 2037, s. 4(i), Art. VII, State Constitution, will read:

(i) The legislature, by general law and subject to conditions specified therein,

may prohibit the consideration of the following in the determination of the assessed

value of real property used for residential purposes:

(1) Any change or improvement made for the purpose of improving the

property’s resistance to wind damage.

(2) The installation of a renewable energy source device.

Note.—This subsection, originally designated (h) by Revision No. 6 of the

Taxation and Budget Reform Commission, 2008, was redesignated (j) by the editors

to conform to the redesignation of subsections by Revision No. 4 of the Taxation and

Budget Reform Commission, 2008, and the creation of a new (h) by Revision No. 3

of the Taxation and Budget Reform Commission, 2008.

SECTION 5. Estate, inheritance and income

taxes.—

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

(a) NATURAL PERSONS. No tax upon estates or

inheritances or upon the income of natural persons who

are residents or citizens of the state shall be levied by

the state, or under its authority, in excess of the

aggregate of amounts which may be allowed to be

credited upon or deducted from any similar tax levied by

the United States or any state.

(b) OTHERS. No tax upon the income of residents

and citizens other than natural persons shall be levied

by the state, or under its authority, in excess of 5% of net

income, as defined by law, or at such greater rate as is

authorized by a three-fifths (

) vote of the membership

of each house of the legislature or as will provide for the

state the maximum amount which may be allowed to be

credited against income taxes levied by the United

States and other states. There shall be exempt from

taxation not less than five thousand dollars ($5,000) of

the excess of net income subject to tax over the

maximum amount allowed to be credited against

income taxes levied by the United States and other

states.

effective immediately upon approval by the electors of

Florida.

History.—Am. H.J.R. 7-B, 1971; adopted 1971.

SECTION 6. Homestead exemptions.—

(a) Every person who has the legal or equitable title

to real estate and maintains thereon the permanent

residence of the owner, or another legally or naturally

dependent upon the owner, shall be exempt from

taxation thereon, except assessments for special ben-

efits, up to the assessed valuation of twenty-five

thousand dollars and, for all levies other than school

district levies, on the assessed valuation greater than

fifty thousand dollars and up to seventy-five thousand

dollars, upon establishment of right thereto in the

manner prescribed by law. The real estate may be

held by legal or equitable title, by the entireties, jointly, in

common, as a condominium, or indirectly by stock

ownership or membership representing the owner’s or

member’s proprietary interest in a corporation owning a

fee or a leasehold initially in excess of ninety-eight

years. The exemption shall not apply with respect to any

assessment roll until such roll is first determined to be in

compliance with the provisions of section 4 by a state

agency designated by general law. This exemption is

repealed on the effective date of any amendment to this

Article which provides for the assessment of homestead

property at less than just value.

(b) Not more than one exemption shall be allowed

any individual or family unit or with respect to any

residential unit. No exemption shall exceed the value of

the real estate assessable to the owner or, in case of

ownership through stock or membership in a corpora-

tion, the value of the proportion which the interest in the

corporation bears to the assessed value of the property.

ified therein, the Legislature may provide to renters, who

are permanent residents, ad valorem tax relief on all ad

valorem tax levies. Such ad valorem tax relief shall be in

the form and amount established by general law.

(d) The legislature may, by general law, allow

counties or municipalities, for the purpose of their

respective tax levies and subject to the provisions of

general law, to grant either or both of the following

additional homestead tax exemptions:

(1) An exemption not exceeding fifty thousand

dollars to a person who has the legal or equitable title

to real estate and maintains thereon the permanent

residence of the owner, who has attained age sixty-five,

and whose household income, as defined by general

law, does not exceed twenty thousand dollars; or

(2) An exemption equal to the assessed value of the

property to a person who has the legal or equitable title

to real estate with a just value less than two hundred and

fifty thousand dollars, as determined in the first tax year

that the owner applies and is eligible for the exemption,

and who has maintained thereon the permanent resi-

dence of the owner for not less than twenty-five years,

who has attained age sixty-five, and whose household

income does not exceed the income limitation pre-

scribed in paragraph (1).

The general law must allow counties and municipalities

to grant these additional exemptions, within the limits

prescribed in this subsection, by ordinance adopted in

the manner prescribed by general law, and must provide

for the periodic adjustment of the income limitation

prescribed in this subsection for changes in the cost of

living.

(e)(1) Each veteran who is age 65 or older who is

partially or totally permanently disabled shall receive a

discount from the amount of the ad valorem tax

otherwise owed on homestead property the veteran

owns and resides in if the disability was combat related

and the veteran was honorably discharged upon

separation from military service. The discount shall be

in a percentage equal to the percentage of the veteran’s

permanent, service-connected disability as determined

by the United States Department of Veterans Affairs. To

qualify for the discount granted by this paragraph, an

applicant must submit to the county property appraiser,

by March 1, an official letter from the United States

Department of Veterans Affairs stating the percentage

of the veteran’s service-connected disability and such

evidence that reasonably identifies the disability as

combat related and a copy of the veteran’s honorable

discharge. If the property appraiser denies the request

for a discount, the appraiser must notify the applicant in

writing of the reasons for the denial, and the veteran

may reapply. The Legislature may, by general law,

waive the annual application requirement in subsequent

years.

(2) If a veteran who receives the discount described

in paragraph (1) predeceases his or her spouse, and if,

upon the death of the veteran, the surviving spouse

holds the legal or beneficial title to the homestead

property and permanently resides thereon, the discount

carries over to the surviving spouse until he or she

remarries or sells or otherwise disposes of the home-

stead property. If the surviving spouse sells or otherwise

disposes of the property, a discount not to exceed the

dollar amount granted from the most recent ad valorem

tax roll may be transferred to the surviving spouse’s new

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

homestead property, if used as his or her permanent

residence and he or she has not remarried.

(3) This subsection is self-executing and does not

require implementing legislation.

(f) By general law and subject to conditions and

limitations specified therein, the Legislature may pro-

vide ad valorem tax relief equal to the total amount or a

portion of the ad valorem tax otherwise owed on

homestead property to:

(1) The surviving spouse of a veteran who died from

service-connected causes while on active duty as a

member of the United States Armed Forces.

(2) The surviving spouse of a first responder who

died in the line of duty.

(3) A first responder who is totally and permanently

disabled as a result of an injury or injuries sustained in

the line of duty. Causal connection between a disability

and service in the line of duty shall not be presumed but

must be determined as provided by general law. For

purposes of this paragraph, the term “disability” does

not include a chronic condition or chronic disease,

unless the injury sustained in the line of duty was the

sole cause of the chronic condition or chronic disease.

As used in this subsection and as further defined by

general law, the term “first responder” means a law

enforcement officer, a correctional officer, a firefighter,

an emergency medical technician, or a paramedic, and

the term “in the line of duty” means arising out of and in

the actual performance of duty required by employment

as a first responder.

History.—Am. S.J.R. 1-B, 1979; adopted 1980; Am. S.J.R. 4-E, 1980; adopted

1980; Am. H.J.R. 3151, 1998; adopted 1998; Am. proposed by Constitution

Revision Commission, Revision No. 13, 1998, filed with the Secretary of State

May 5, 1998; adopted 1998; Am. H.J.R. 353, 2006; adopted 2006; Am. H.J.R. 631,

2006; adopted 2006; Am. C.S. for S.J.R. 2-D, 2007; adopted 2008; Am. S.J.R. 592,

2011; adopted 2012; Am. H.J.R. 93, 2012; adopted 2012; Am. H.J.R. 169, 2012;

adopted 2012; Am. C.S. for H.J.R. 275, 2016; adopted 2016; Am. C.S. for H.J.R.

1009, 2016; adopted 2016; Am. H.J.R. 877, 2020; adopted 2020.

SECTION 7. Allocation of pari-mutuel taxes.—

Taxes upon the operation of pari-mutuel pools may be

preempted to the state or allocated in whole or in part to

the counties. When allocated to the counties, the

distribution shall be in equal amounts to the several

counties.

SECTION 8. Aid to local governments.—State

funds may be appropriated to the several counties,

school districts, municipalities or special districts upon

such conditions as may be provided by general law.

These conditions may include the use of relative ad

valorem assessment levels determined by a state

agency designated by general law.

History.—Am. S.J.R. 4-E, 1980; adopted 1980.

SECTION 9. Local taxes.—

(a) Counties, school districts, and municipalities

shall, and special districts may, be authorized by law

to levy ad valorem taxes and may be authorized by

general law to levy other taxes, for their respective

purposes, except ad valorem taxes on intangible

personal property and taxes prohibited by this constitu-

tion.

(b) Ad valorem taxes, exclusive of taxes levied for

the payment of bonds and taxes levied for periods not

longer than two years when authorized by vote of the

electors who are the owners of freeholds therein not

wholly exempt from taxation, shall not be levied in

excess of the following millages upon the assessed

value of real estate and tangible personal property: for

all county purposes, ten mills; for all municipal pur-

poses, ten mills; for all school purposes, ten mills; for

water management purposes for the northwest portion

of the state lying west of the line between ranges two

and three east, 0.05 mill; for water management

purposes for the remaining portions of the state, 1.0

mill; and for all other special districts a millage

authorized by law approved by vote of the electors

who are owners of freeholds therein not wholly exempt

from taxation. A county furnishing municipal services

may, to the extent authorized by law, levy additional

taxes within the limits fixed for municipal purposes.

History.—Am. S.J.R. 1061, 1975; adopted 1976.

SECTION 10. Pledging credit.—Neither the state

nor any county, school district, municipality, special

district, or agency of any of them, shall become a joint

owner with, or stockholder of, or give, lend or use its

taxing power or credit to aid any corporation, associa-

tion, partnership or person; but this shall not prohibit

laws authorizing:

(a) the investment of public trust funds;

(b) the investment of other public funds in obliga-

tions of, or insured by, the United States or any of its

instrumentalities;

pality, special district or other local governmental body

of (1) revenue bonds to finance or refinance the cost of

capital projects for airports or port facilities, or (2)

revenue bonds to finance or refinance the cost of

capital projects for industrial or manufacturing plants

to the extent that the interest thereon is exempt from

income taxes under the then existing laws of the United

States, when, in either case, the revenue bonds are

payable solely from revenue derived from the sale,

operation or leasing of the projects. If any project so

financed, or any part thereof, is occupied or operated by

any private corporation, association, partnership or

person pursuant to contract or lease with the issuing

body, the property interest created by such contract or

lease shall be subject to taxation to the same extent as

other privately owned property.

(d) a municipality, county, special district, or agency

of any of them, being a joint owner of, giving, or lending

or using its taxing power or credit for the joint ownership,

construction and operation of electrical energy generat-

ing or transmission facilities with any corporation,

association, partnership or person.

History.—Am. H.J.R. 1424, 1973; adopted 1974.

SECTION 11. State bonds; revenue bonds.—

(a) State bonds pledging the full faith and credit of

the state may be issued only to finance or refinance the

cost of state fixed capital outlay projects authorized by

law, and purposes incidental thereto, upon approval by

a vote of the electors; provided state bonds issued

pursuant to this subsection may be refunded without a

vote of the electors at a lower net average interest cost

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

rate. The total outstanding principal of state bonds

issued pursuant to this subsection shall never exceed

fifty percent of the total tax revenues of the state for the

two preceding fiscal years, excluding any tax revenues

held in trust under the provisions of this constitution.

(b) Moneys sufficient to pay debt service on state

bonds as the same becomes due shall be appropriated

by law.

of the state issued under this section or any other

section of this constitution may be combined for the

purposes of sale.

(d) Revenue bonds may be issued by the state or its

agencies without a vote of the electors to finance or

refinance the cost of state fixed capital outlay projects

authorized by law, and purposes incidental thereto, and

shall be payable solely from funds derived directly from

sources other than state tax revenues.

(e) Bonds pledging all or part of a dedicated state tax

revenue may be issued by the state in the manner

provided by general law to finance or refinance the

acquisition and improvement of land, water areas, and

related property interests and resources for the pur-

poses of conservation, outdoor recreation, water re-

source development, restoration of natural systems,

and historic preservation.

(f) Each project, building, or facility to be financed or

refinanced with revenue bonds issued under this

section shall first be approved by the Legislature by

an act relating to appropriations or by general law.

History.—Am. C.S. for C.S. for S.J.R. 612, 1984; adopted 1984; Am. proposed

by Constitution Revision Commission, Revision No. 5, 1998, filed with the Secretary

of State May 5, 1998; adopted 1998.

SECTION 12. Local bonds.—Counties, school

districts, municipalities, special districts and local gov-

ernmental bodies with taxing powers may issue bonds,

certificates of indebtedness or any form of tax anticipa-

tion certificates, payable from ad valorem taxation and

maturing more than twelve months after issuance only:

(a) to finance or refinance capital projects author-

ized by law and only when approved by vote of the

electors who are owners of freeholds therein not wholly

exempt from taxation; or

(b) to refund outstanding bonds and interest and

redemption premium thereon at a lower net average

interest cost rate.

SECTION 13. Relief from illegal taxes.—Until

payment of all taxes which have been legally assessed

upon the property of the same owner, no court shall

grant relief from the payment of any tax that may be

illegal or illegally assessed.

SECTION 14. Bonds for pollution control and

abatement and other water facilities.—

(a) When authorized by law, state bonds pledging

the full faith and credit of the state may be issued without

an election to finance the construction of air and water

pollution control and abatement and solid waste dis-

posal facilities and other water facilities authorized by

general law (herein referred to as “facilities”) to be

operated by any municipality, county, district or author-

ity, or any agency thereof (herein referred to as “local

governmental agencies”), or by any agency of the State

of Florida. Such bonds shall be secured by a pledge of

and shall be payable primarily from all or any part of

revenues to be derived from operation of such facilities,

special assessments, rentals to be received under

lease-purchase agreements herein provided for, any

other revenues that may be legally available for such

purpose, including revenues from other facilities, or any

combination thereof (herein collectively referred to as

“pledged revenues”), and shall be additionally secured

by the full faith and credit of the State of Florida.

(b) No such bonds shall be issued unless a state

fiscal agency, created by law, has made a determination

that in no state fiscal year will the debt service

requirements of the bonds proposed to be issued and

all other bonds secured by the pledged revenues

exceed seventy-five per cent of the pledged revenues.

local governmental agency, under lease-purchase

agreements for such periods and under such other

terms and conditions as may be mutually agreed upon.

The local governmental agencies may pledge the

revenues derived from such leased facilities or any

other available funds for the payment of rentals there-

under; and, in addition, the full faith and credit and taxing

power of such local governmental agencies may be

pledged for the payment of such rentals without any

election of freeholder electors or qualified electors.

(d) The state may also issue such bonds for the

purpose of loaning money to local governmental

agencies, for the construction of such facilities to be

owned or operated by any of such local governmental

agencies. Such loans shall bear interest at not more

than one-half of one per cent per annum greater than

the last preceding issue of state bonds pursuant to this

section, shall be secured by the pledged revenues, and

may be additionally secured by the full faith and credit of

the local governmental agencies.

(e) The total outstanding principal of state bonds

issued pursuant to this section 14 shall never exceed

fifty per cent of the total tax revenues of the state for the

two preceding fiscal years.

History.—C.S. for H.J.R.’s 3853, 4040, 1970; adopted 1970; Am. H.J.R. 1471,

1980; adopted 1980.

SECTION 15. Revenue bonds for scholarship

loans.—

(a) When authorized by law, revenue bonds may be

issued to establish a fund to make loans to students

determined eligible as prescribed by law and who have

been admitted to attend any public or private institutions

of higher learning, junior colleges, health related training

institutions, or vocational training centers, which are

recognized or accredited under terms and conditions

prescribed by law. Revenue bonds issued pursuant to

this section shall be secured by a pledge of and shall be

payable primarily from payments of interest, principal,

and handling charges to such fund from the recipients of

the loans and, if authorized by law, may be additionally

secured by student fees and by any other moneys in

such fund. There shall be established from the proceeds

of each issue of revenue bonds a reserve account in an

amount equal to and sufficient to pay the greatest

amount of principal, interest, and handling charges to

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

become due on such issue in any ensuing state fiscal

year.

(b) Interest moneys in the fund established pursuant

to this section, not required in any fiscal year for

payment of debt service on then outstanding revenue

bonds or for maintenance of the reserve account, may

be used for educational loans to students determined to

be eligible therefor in the manner provided by law, or for

such other related purposes as may be provided by law.

History.—Added, H.J.R. 46-D, 1971; adopted 1972.

SECTION 16. Bonds for housing and related

facilities.—

(a) When authorized by law, revenue bonds may be

issued without an election to finance or refinance

housing and related facilities in Florida, herein referred

to as “facilities.”

(b) The bonds shall be secured by a pledge of and

shall be payable primarily from all or any part of

revenues to be derived from the financing, operation

or sale of such facilities, mortgage or loan payments,

and any other revenues or assets that may be legally

available for such purposes derived from sources other

than ad valorem taxation, including revenues from other

facilities, or any combination thereof, herein collectively

referred to as “pledged revenues,” provided that in no

event shall the full faith and credit of the state be

pledged to secure such revenue bonds.

agency, created by law, has made a determination that

in no state fiscal year will the debt service requirements

of the bonds proposed to be issued and all other bonds

secured by the same pledged revenues exceed the

pledged revenues available for payment of such debt

service requirements, as defined by law.

History.—Added, S.J.R. 6-E, 1980; adopted 1980.

SECTION 17. Bonds for acquiring transporta-

tion right-of-way or for constructing bridges.—

(a) When authorized by law, state bonds pledging

the full faith and credit of the state may be issued,

without a vote of the electors, to finance or refinance the

cost of acquiring real property or the rights to real

property for state roads as defined by law, or to finance

or refinance the cost of state bridge construction, and

purposes incidental to such property acquisition or state

bridge construction.

(b) Bonds issued under this section shall be secured

by a pledge of and shall be payable primarily from motor

fuel or special fuel taxes, except those defined in

Section 9(c) of Article XII, as provided by law, and

shall additionally be secured by the full faith and credit of

the state.

unless a state fiscal agency, created by law, has made a

determination that in no state fiscal year will the debt

service requirements of the bonds proposed to be

issued and all other bonds secured by the same

pledged revenues exceed ninety percent of the pledged

revenues available for payment of such debt service

requirements, as defined by law. For the purposes of

this subsection, the term “pledged revenues” means all

revenues pledged to the payment of debt service,

excluding any pledge of the full faith and credit of the

state.

History.—Added, C.S. for C.S. for S.J.R. 391, 1988; adopted 1988.

SECTION 18. Laws requiring counties or muni-

cipalities to spend funds or limiting their ability to

raise revenue or receive state tax revenue.—

(a) No county or municipality shall be bound by any

general law requiring such county or municipality to

spend funds or to take an action requiring the expen-

diture of funds unless the legislature has determined

that such law fulfills an important state interest and

unless: funds have been appropriated that have been

estimated at the time of enactment to be sufficient to

fund such expenditure; the legislature authorizes or has

authorized a county or municipality to enact a funding

source not available for such county or municipality on

February 1, 1989, that can be used to generate the

amount of funds estimated to be sufficient to fund such

expenditure by a simple majority vote of the governing

body of such county or municipality; the law requiring

such expenditure is approved by two-thirds of the

membership in each house of the legislature; the

expenditure is required to comply with a law that applies

to all persons similarly situated, including the state and

local governments; or the law is either required to

comply with a federal requirement or required for

eligibility for a federal entitlement, which federal require-

ment specifically contemplates actions by counties or

municipalities for compliance.

(b) Except upon approval of each house of the

legislature by two-thirds of the membership, the legis-

lature may not enact, amend, or repeal any general law

if the anticipated effect of doing so would be to reduce

the authority that municipalities or counties have to raise

revenues in the aggregate, as such authority exists on

February 1, 1989.

legislature by two-thirds of the membership, the legis-

lature may not enact, amend, or repeal any general law

if the anticipated effect of doing so would be to reduce

the percentage of a state tax shared with counties and

municipalities as an aggregate on February 1, 1989.

The provisions of this subsection shall not apply to

enhancements enacted after February 1, 1989, to state

tax sources, or during a fiscal emergency declared in a

written joint proclamation issued by the president of the

senate and the speaker of the house of representatives,

or where the legislature provides additional state-

shared revenues which are anticipated to be sufficient

to replace the anticipated aggregate loss of state-

shared revenues resulting from the reduction of the

percentage of the state tax shared with counties and

municipalities, which source of replacement revenues

shall be subject to the same requirements for repeal or

modification as provided herein for a state-shared tax

source existing on February 1, 1989.

(d) Laws adopted to require funding of pension

benefits existing on the effective date of this section,

criminal laws, election laws, the general appropriations

act, special appropriations acts, laws reauthorizing but

not expanding then-existing statutory authority, laws

having insignificant fiscal impact, and laws creating,

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VII

modifying, or repealing noncriminal infractions, are

exempt from the requirements of this section.

(e) The legislature may enact laws to assist in the

implementation and enforcement of this section.

History.—Added, C.S. for C.S. for C.S. for C.S. for H.J.R.’s 139, 40, 1989;

adopted 1990.

SECTION 19. Supermajority vote required to

impose, authorize, or raise state taxes or fees.—

(a) SUPERMAJORITY VOTE REQUIRED TO IM-

POSE OR AUTHORIZE NEW STATE TAX OR FEE.

No new state tax or fee may be imposed or authorized

by the legislature except through legislation approved

by two-thirds of the membership of each house of the

legislature and presented to the Governor for approval

pursuant to Article III, Section 8.

(b) SUPERMAJORITY VOTE REQUIRED TO

RAISE STATE TAXES OR FEES. No state tax or

fee may be raised by the legislature except through

legislation approved by two-thirds of the membership of

each house of the legislature and presented to the

Governor for approval pursuant to Article III, Section 8.

ize the imposition of any state tax or fee otherwise

prohibited by this Constitution, and does not apply to

any tax or fee imposed by, or authorized to be imposed

by, a county, municipality, school board, or special

district.

(d) DEFINITIONS. As used in this section, the

following terms shall have the following meanings:

(1) “Fee” means any charge or payment required by

law, including any fee for service, fee or cost for

licenses, and charge for service.

(2) “Raise” means:

a. To increase or authorize an increase in the rate

of a state tax or fee imposed on a percentage or per mill

basis;

b. To increase or authorize an increase in the

amount of a state tax or fee imposed on a flat or fixed

amount basis; or

c. To decrease or eliminate a state tax or fee

exemption or credit.

(e) SINGLE-SUBJECT. A state tax or fee im-

posed, authorized, or raised under this section must

be contained in a separate bill that contains no other

subject.

History.—Added, H.J.R. 7001, 2018; adopted 2018.

ARTICLE VIII

LOCAL GOVERNMENT

Sec.

1. Counties.

2. Municipalities.

3. Consolidation.

4. Transfer of powers.

5. Local option.

6. Schedule to Article VIII.

SECTION 1. Counties.—

(a) POLITICAL SUBDIVISIONS. The state shall

be divided by law into political subdivisions called

counties. Counties may be created, abolished or

changed by law, with provision for payment or appor-

tionment of the public debt.

(b) COUNTY FUNDS. The care, custody and

method of disbursing county funds shall be provided

by general law.

cial law, a county government may be established by

charter which shall be adopted, amended or repealed

only upon vote of the electors of the county in a special

election called for that purpose.

(d) COUNTY OFFICERS. There shall be elected

by the electors of each county, for terms of four years, a

sheriff, a tax collector, a property appraiser, a super-

visor of elections, and a clerk of the circuit court. Unless

otherwise provided by special law approved by vote of

the electors or pursuant to Article V, section 16, the clerk

of the circuit court shall be ex officio clerk of the board of

county commissioners, auditor, recorder and custodian

of all county funds. Notwithstanding subsection 6(e) of

this article, a county charter may not abolish the office of

a sheriff, a tax collector, a property appraiser, a super-

visor of elections, or a clerk of the circuit court; transfer

the duties of those officers to another officer or office;

change the length of the four-year term of office; or

establish any manner of selection other than by election

by the electors of the county.

(e) COMMISSIONERS. Except when otherwise

provided by county charter, the governing body of

each county shall be a board of county commissioners

composed of five or seven members serving staggered

terms of four years. After each decennial census the

board of county commissioners shall divide the county

into districts of contiguous territory as nearly equal in

population as practicable. One commissioner residing in

each district shall be elected as provided by law.

(f) NON-CHARTER GOVERNMENT. Counties

not operating under county charters shall have such

power of self-government as is provided by general or

special law. The board of county commissioners of a

county not operating under a charter may enact, in a

manner prescribed by general law, county ordinances

not inconsistent with general or special law, but an

ordinance in conflict with a municipal ordinance shall not

be effective within the municipality to the extent of such

conflict.

(g) CHARTER GOVERNMENT. Counties operat-

ing under county charters shall have all powers of local

self-government not inconsistent with general law, or

with special law approved by vote of the electors. The

governing body of a county operating under a charter

may enact county ordinances not inconsistent with

general law. The charter shall provide which shall

prevail in the event of conflict between county and

municipal ordinances.

(h) TAXES; LIMITATION. Property situate within

municipalities shall not be subject to taxation for

services rendered by the county exclusively for the

benefit of the property or residents in unincorporated

areas.

(i) COUNTY ORDINANCES. Each county ordi-

nance shall be filed with the custodian of state records

ARTICLE VII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VIII

and shall become effective at such time thereafter as is

provided by general law.

(j) VIOLATION OF ORDINANCES. Persons vio-

lating county ordinances shall be prosecuted and

punished as provided by law.

(k) COUNTY SEAT. In every county there shall be

a county seat at which shall be located the principal

offices and permanent records of all county officers. The

county seat may not be moved except as provided by

general law. Branch offices for the conduct of county

business may be established elsewhere in the county by

resolution of the governing body of the county in the

manner prescribed by law. No instrument shall be

deemed recorded until filed at the county seat, or a

branch office designated by the governing body of the

county for the recording of instruments, according to

law.

History.—Am. H.J.R. 1907, 1973; adopted 1974; Am. H.J.R. 452, 1984;

adopted 1984; Am. H.J.R. 125, 1998; adopted 1998; Am. proposed by Constitution

Revision Commission, Revision No. 8, 1998, filed with the Secretary of State May 5,

1998; adopted 1998; Am. proposed by Constitution Revision Commission, Revision

No. 5, 2018, filed with the Secretary of State May 9, 2018; adopted 2018.

Note.—Section 6(g), Art. VIII, State Constitution, provides that:

(g) SELECTION AND DUTIES OF COUNTY OFFICERS.

(1) Except as provided in this subsection, the amendment to Section 1 of this

article, relating to the selection and duties of county officers, shall take effect

January 5, 2021, but shall govern with respect to the qualifying for and the holding of

the primary and general elections for county constitutional officers in 2020.

(2) For Miami-Dade County and Broward County, the amendment to Section 1

of this article, relating to the selection and duties of county officers, shall take effect

January 7, 2025, but shall govern with respect to the qualifying for and the holding of

the primary and general elections for county constitutional officers in 2024.

Prior to the amendment of s. 1, Art. VIII, State Constitution, by Constitution

Revision Commission, Revision No. 5 (2018), s. 1(d), Art. VIII, read:

(d) COUNTY OFFICERS. There shall be elected by the electors of each

county, for terms of four years, a sheriff, a tax collector, a property appraiser, a

supervisor of elections, and a clerk of the circuit court; except, when provided by

county charter or special law approved by vote of the electors of the county, any

county officer may be chosen in another manner therein specified, or any county

office may be abolished when all the duties of the office prescribed by general law

are transferred to another office. When not otherwise provided by county charter or

special law approved by vote of the electors, the clerk of the circuit court shall be ex

officio clerk of the board of county commissioners, auditor, recorder and custodian of

all county funds.

SECTION 2. Municipalities.—

(a) ESTABLISHMENT. Municipalities may be es-

tablished or abolished and their charters amended

pursuant to general or special law. When any munici-

pality is abolished, provision shall be made for the

protection of its creditors.

(b) POWERS. Municipalities shall have govern-

mental, corporate and proprietary powers to enable

them to conduct municipal government, perform muni-

cipal functions and render municipal services, and may

exercise any power for municipal purposes except as

otherwise provided by law. Each municipal legislative

body shall be elective.

corporated territory, merger of municipalities, and ex-

ercise of extra-territorial powers by municipalities shall

be as provided by general or special law.

SECTION 3. Consolidation.—The government of

a county and the government of one or more munici-

palities located therein may be consolidated into a

single government which may exercise any and all

powers of the county and the several municipalities. The

consolidation plan may be proposed only by special law,

which shall become effective if approved by vote of the

electors of the county, or of the county and munici-

palities affected, as may be provided in the plan.

Consolidation shall not extend the territorial scope of

taxation for the payment of pre-existing debt except to

areas whose residents receive a benefit from the facility

or service for which the indebtedness was incurred.

SECTION 4. Transfer of powers.—By law or by

resolution of the governing bodies of each of the

governments affected, any function or power of a

county, municipality or special district may be trans-

ferred to or contracted to be performed by another

county, municipality or special district, after approval by

vote of the electors of the transferor and approval by

vote of the electors of the transferee, or as otherwise

provided by law.

SECTION 5. Local option.—

(a) Local option on the legality or prohibition of the

sale of intoxicating liquors, wines or beers shall be

preserved to each county. The status of a county with

respect thereto shall be changed only by vote of the

electors in a special election called upon the petition of

twenty-five per cent of the electors of the county, and

not sooner than two years after an earlier election on the

same question. Where legal, the sale of intoxicating

liquors, wines and beers shall be regulated by law.

(b) Each county shall have the authority to require a

criminal history records check and a 3 to 5-day waiting

period, excluding weekends and legal holidays, in

connection with the sale of any firearm occurring within

such county. For purposes of this subsection, the term

“sale” means the transfer of money or other valuable

consideration for any firearm when any part of the

transaction is conducted on property to which the public

has the right of access. Holders of a concealed

weapons permit as prescribed by general law shall

not be subject to the provisions of this subsection when

purchasing a firearm.

History.—Am. proposed by Constitution Revision Commission, Revision No.

12, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 6. Schedule to Article VIII.—

(a) This article shall replace all of Article VIII of the

Constitution of 1885, as amended, except those sec-

tions expressly retained and made a part of this article

by reference.

(b) COUNTIES; COUNTY SEATS; MUNICIPALI-

TIES; DISTRICTS. The status of the following items

as they exist on the date this article becomes effective is

recognized and shall be continued until changed in

accordance with law: the counties of the state; their

status with respect to the legality of the sale of

intoxicating liquors, wines and beers; the method of

selection of county officers; the performance of muni-

cipal functions by county officers; the county seats; and

the municipalities and special districts of the state, their

powers, jurisdiction and government.

person holding office when this article becomes effec-

tive shall continue in office for the remainder of the term

if that office is not abolished. If the office is abolished the

incumbent shall be paid adequate compensation, to be

fixed by law, for the loss of emoluments for the

remainder of the term.

ARTICLE VIII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VIII

(d) ORDINANCES. Local laws relating only to

unincorporated areas of a county on the effective date

of this article may be amended or repealed by county

ordinance.

(e) CONSOLIDATION AND HOME RULE. Article

VIII, Sections

10,

11 and

24, of the Constitution of

1885, as amended, shall remain in full force and effect

as to each county affected, as if this article had not been

adopted, until that county shall expressly adopt a

charter or home rule plan pursuant to this article. All

provisions of the Metropolitan Dade County Home Rule

Charter, heretofore or hereafter adopted by the electors

of Dade County pursuant to

Article VIII, Section 11, of

the Constitution of 1885, as amended, shall be valid,

and any amendments to such charter shall be valid;

provided that the said provisions of such charter and the

said amendments thereto are authorized under said

Article VIII, Section 11, of the Constitution of 1885, as

amended.

(f) DADE COUNTY; POWERS CONFERRED

UPON MUNICIPALITIES. To the extent not inconsis-

tent with the powers of existing municipalities or general

law, the Metropolitan Government of Dade County may

exercise all the powers conferred now or hereafter by

general law upon municipalities.

(g) SELECTION AND DUTIES OF COUNTY OFFI-

CERS.—

(1) Except as provided in this subsection, the

amendment to Section 1 of this article, relating to the

selection and duties of county officers, shall take effect

January 5, 2021, but shall govern with respect to the

qualifying for and the holding of the primary and general

elections for county constitutional officers in 2020.

(2) For Miami-Dade County and Broward County,

the amendment to Section 1 of this article, relating to the

selection and duties of county officers, shall take effect

January 7, 2025, but shall govern with respect to the

qualifying for and the holding of the primary and general

elections for county constitutional officers in 2024.

(h) DELETION OF OBSOLETE SCHEDULE

ITEMS. The legislature shall have power, by joint

resolution, to delete from this article any subsection of

this Section 6, including this subsection, when all events

to which the subsection to be deleted is or could become

applicable have occurred. A legislative determination of

fact made as a basis for application of this subsection

shall be subject to judicial review.

History.—Am. proposed by Constitution Revision Commission, Revision No. 5,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

Note.—Section 9 of Art. VIII of the Constitution of 1885, as amended, reads as

follows:

SECTION 9. Legislative power over city of Jacksonville and Duval County.—

The Legislature shall have power to establish, alter or abolish, a Municipal

corporation to be known as the City of Jacksonville, extending territorially throughout

the present limits of Duval County, in the place of any or all county, district, municipal

and local governments, boards, bodies and officers, constitutional or statutory,

legislative, executive, judicial, or administrative, and shall prescribe the jurisdiction,

powers, duties and functions of such municipal corporation, its legislative, executive,

judicial and administrative departments and its boards, bodies and officers; to divide

the territory included in such municipality into subordinate districts, and to prescribe

a just and reasonable system of taxation for such municipality and districts; and to fix

the liability of such municipality and districts. Bonded and other indebtedness,

existing at the time of the establishment of such municipality, shall be enforceable

only against property theretofore taxable therefor. The Legislature shall, from time to

time, determine what portion of said municipality is a rural area, and a homestead in

such rural area shall not be limited as if in a city or town. Such municipality may

exercise all the powers of a municipal corporation and shall also be recognized as

one of the legal political divisions of the State with the duties and obligations of a

county and shall be entitled to all the powers, rights and privileges, including

representation in the State Legislature, which would accrue to it if it were a county.

All property of Duval County and of the municipalities in said county shall vest in

such municipal corporation when established as herein provided. The offices of

Clerk of the Circuit Court and Sheriff shall not be abolished but the Legislature may

prescribe the time when, and the method by which, such offices shall be filled and

the compensation to be paid to such officers and may vest in them additional powers

and duties. No county office shall be abolished or consolidated with another office

without making provision for the performance of all State duties now or hereafter

prescribed by law to be performed by such county officer. Nothing contained herein

shall affect Section 20 of Article III of the Constitution of the State of Florida, except

as to such provisions therein as relate to regulating the jurisdiction and duties of any

class of officers, to summoning and impanelling grand and petit jurors, to assessing

and collecting taxes for county purposes and to regulating the fees and

compensation of county officers. No law authorizing the establishing or abolishing

of such Municipal corporation pursuant to this Section, shall become operative or

effective until approved by a majority of the qualified electors participating in an

election held in said County, but so long as such Municipal corporation exists under

this Section the Legislature may amend or extend the law authorizing the same

without referendum to the qualified voters unless the Legislative act providing for

such amendment or extension shall provide for such referendum.

History.—Added, S.J.R. 113, 1933; adopted 1934.

Note.—Section 10, Art. VIII of the Constitution of 1885, as amended, reads as

follows:

SECTION 10. Legislative power over city of Key West and Monroe county.—

The Legislature shall have power to establish, alter or abolish, a Municipal

corporation to be known as the City of Key West, extending territorially throughout

the present limits of Monroe County, in the place of any or all county, district,

municipal and local governments, boards, bodies and officers, constitutional or

statutory, legislative, executive, judicial, or administrative, and shall prescribe the

jurisdiction, powers, duties and functions of such municipal corporation, its

legislative, executive, judicial and administrative departments and its boards,

bodies and officers; to divide the territory included in such municipality into

subordinate districts, and to prescribe a just and reasonable system of taxation

for such municipality and districts; and to fix the liability of such municipality and

districts. Bonded and other indebtedness, existing at the time of the establishment of

such municipality, shall be enforceable only against property theretofore taxable

therefor. The Legislature shall, from time to time, determine what portion of said

municipality is a rural area, and a homestead in such rural area shall not be limited

as if in a city or town. Such municipality may exercise all the powers of a municipal

corporation and shall also be recognized as one of the legal political divisions of the

State with the duties and obligations of a county and shall be entitled to all the

powers, rights and privileges, including representation in the State Legislature,

which would accrue to it if it were a county. All property of Monroe County and of the

municipality in said county shall vest in such municipal corporation when established

as herein provided. The offices of Clerk of the Circuit Court and Sheriff shall not be

abolished but the Legislature may prescribe the time when, and the method by

which, such offices shall be filled and the compensation to be paid to such officers

and may vest in them additional powers and duties. No county office shall be

abolished or consolidated with another office without making provision for the

performance of all State duties now or hereafter prescribed by law to be performed

by such county officer. Nothing contained herein shall affect Section 20 of Article III

of the Constitution of the State of Florida, except as to such provisions therein as

relate to regulating the jurisdiction and duties of any class of officers, to summoning

and impanelling grand and petit juries, to assessing and collecting taxes for county

purposes and to regulating the fees and compensation of county officers. No law

authorizing the establishing or abolishing of such Municipal corporation pursuant to

this Section shall become operative or effective until approved by a majority of the

qualified electors participating in an election held in said County, but so long as such

Municipal corporation exists under this Section the Legislature may amend or

extend the law authorizing the same without referendum to the qualified voters

unless the Legislative Act providing for such amendment or extension shall provide

for such referendum.

History.—Added, S.J.R. 429, 1935; adopted 1936.

Note.—Section 11 of Art. VIII of the Constitution of 1885, as amended, reads as

follows:

SECTION 11. Dade County, home rule charter.—(1) The electors of Dade

County, Florida, are granted power to adopt, revise, and amend from time to time a

home rule charter of government for Dade County, Florida, under which the Board of

County Commissioners of Dade County shall be the governing body. This charter:

(a) Shall fix the boundaries of each county commission district, provide a

method for changing them from time to time, and fix the number, terms and

compensation of the commissioners, and their method of election.

(b) May grant full power and authority to the Board of County Commissioners of

Dade County to pass ordinances relating to the affairs, property and government of

Dade County and provide suitable penalties for the violation thereof; to levy and

collect such taxes as may be authorized by general law and no other taxes, and to do

everything necessary to carry on a central metropolitan government in Dade County.

provide a method for changing the boundaries of, merging, consolidating and

abolishing from time to time all municipal corporations, county or district govern-

ments, special taxing districts, authorities, boards, or other governmental units

whose jurisdiction lies wholly within Dade County, whether such governmental units

are created by the Constitution or the Legislature or otherwise, except the Dade

County Board of County Commissioners as it may be provided for from time to time

by this home rule charter and the Board of Public Instruction of Dade County.

(d) May provide a method by which any and all of the functions or powers of any

municipal corporation or other governmental unit in Dade County may be transferred

to the Board of County Commissioners of Dade County.

(e) May provide a method for establishing new municipal corporations, special

taxing districts, and other governmental units in Dade County from time to time and

provide for their government and prescribe their jurisdiction and powers.

(f) May abolish and may provide a method for abolishing from time to time all

offices provided for by Article VIII, Section 6, of the Constitution or by the

Legislature, except the Superintendent of Public Instruction and may provide for

the consolidation and transfer of the functions of such offices, provided, however,

that there shall be no power to abolish or impair the jurisdiction of the Circuit Court or

ARTICLE VIII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE VIII

to abolish any other court provided for by this Constitution or by general law, or the

judges or clerks thereof although such charter may create new courts and judges

and clerks thereof with jurisdiction to try all offenses against ordinances passed by

the Board of County Commissioners of Dade County and none of the other courts

provided for by this Constitution or by general law shall have original jurisdiction to

try such offenses, although the charter may confer appellate jurisdiction on such

courts, and provided further that if said home rule charter shall abolish any county

office or offices as authorized herein, that said charter shall contain adequate

provision for the carrying on of all functions of said office or offices as are now or may

hereafter be prescribed by general law.

(g) Shall provide a method by which each municipal corporation in Dade

County shall have the power to make, amend or repeal its own charter. Upon

adoption of this home rule charter by the electors this method shall be exclusive and

the Legislature shall have no power to amend or repeal the charter of any municipal

corporation in Dade County.

(h) May change the name of Dade County.

(i) Shall provide a method for the recall of any commissioner and a method for

initiative and referendum, including the initiation of and referendum on ordinances

and the amendment or revision of the home rule charter, provided, however, that the

power of the Governor and Senate relating to the suspension and removal of officers

provided for in this Constitution shall not be impaired, but shall extend to all officers

provided for in said home rule charter.

(2) Provision shall be made for the protection of the creditors of any

governmental unit which is merged, consolidated, or abolished or whose boundaries

are changed or functions or powers transferred.

(3) This home rule charter shall be prepared by a Metropolitan Charter Board

created by the Legislature and shall be presented to the electors of Dade County for

ratification or rejection in the manner provided by the Legislature. Until a home rule

charter is adopted the Legislature may from time to time create additional Charter

Boards to prepare charters to be presented to the electors of Dade County for

ratification or rejection in the manner provided by the Legislature. Such Charter,

once adopted by the electors, may be amended only by the electors of Dade County

and this charter shall provide a method for submitting future charter revisions and

amendments to the electors of Dade County.

(4) The County Commission shall continue to receive its pro rata share of all

revenues payable by the state from whatever source to the several counties and the

state of Florida shall pay to the Commission all revenues which would have been

paid to any municipality in Dade County which may be abolished by or in the method

provided by this home rule charter; provided, however, the Commission shall

reimburse the comptroller of Florida for the expense incurred if any, in the keeping of

separate records to determine the amounts of money which would have been

payable to any such municipality.

(5) Nothing in this section shall limit or restrict the power of the Legislature to

enact general laws which shall relate to Dade County and any other one or more

counties in the state of Florida or to any municipality in Dade County and any other

one or more municipalities of the State of Florida, and the home rule charter

provided for herein shall not conflict with any provision of this Constitution nor of any

applicable general laws now applying to Dade County and any other one or more

counties of the State of Florida except as expressly authorized in this section nor

shall any ordinance enacted in pursuance to said home rule charter conflict with this

Constitution or any such applicable general law except as expressly authorized

herein, nor shall the charter of any municipality in Dade County conflict with this

Constitution or any such applicable general law except as expressly authorized

herein, provided however that said charter and said ordinances enacted in

pursuance thereof may conflict with, modify or nullify any existing local, special

or general law applicable only to Dade County.

(6) Nothing in this section shall be construed to limit or restrict the power of the

Legislature to enact general laws which shall relate to Dade County and any other

one or more counties of the state of Florida or to any municipality in Dade County

and any other one or more municipalities of the State of Florida relating to county or

municipal affairs and all such general laws shall apply to Dade County and to all

municipalities therein to the same extent as if this section had not been adopted and

such general laws shall supersede any part or portion of the home rule charter

provided for herein in conflict therewith and shall supersede any provision of any

ordinance enacted pursuant to said charter and in conflict therewith, and shall

supersede any provision of any charter of any municipality in Dade County in conflict

therewith.

(7) Nothing in this section shall be construed to limit or restrict the power and

jurisdiction of the Railroad and Public Utilities Commission or of any other state

agency, bureau or commission now or hereafter provided for in this Constitution or

by general law and said state agencies, bureaus and commissions shall have the

same powers in Dade County as shall be conferred upon them in regard to other

counties.

(8) If any section, subsection, sentence, clause or provisions of this section is

held invalid as violative of the provisions of Section 1 Article XVII of this Constitution

the remainder of this section shall not be affected by such invalidity.

(9) It is declared to be the intent of the Legislature and of the electors of the

State of Florida to provide by this section home rule for the people of Dade County in

local affairs and this section shall be liberally construed to carry out such purpose,

and it is further declared to be the intent of the Legislature and of the electors of the

State of Florida that the provisions of this Constitution and general laws which shall

relate to Dade County and any other one or more counties of the State of Florida or

to any municipality in Dade County and any other one or more municipalities of the

State of Florida enacted pursuant thereto by the Legislature shall be the supreme

law in Dade County, Florida, except as expressly provided herein and this section

shall be strictly construed to maintain such supremacy of this Constitution and of the

Legislature in the enactment of general laws pursuant to this Constitution.

History.—Added, H.J.R. 858, 1941; adopted 1942; Am. S.J.R. 1046, 1955;

adopted 1956.

Note.—Section 24 of Art. VIII of the Constitution of 1885, as amended, reads as

follows:

SECTION 24. Hillsborough County, home rule charter.—

(1) The electors of Hillsborough county are hereby granted the power to adopt

a charter for a government which shall exercise any and all powers for county and

municipal purposes which this constitution or the legislature, by general, special or

local law, has conferred upon Hillsborough county or any municipality therein. Such

government shall exercise these powers by the enactment of ordinances which

relate to government of Hillsborough county and provide suitable penalties for the

violation thereof. Such government shall have no power to create or abolish any

municipality, except as otherwise provided herein.

(2) The method and manner by which the electors of Hillsborough county shall

exercise this power shall be set forth in a charter for the government of Hillsborough

county which charter shall be presented to said electors by any charter commission

established by the legislature. The legislature may provide for the continuing

existence of any charter commission or may establish a charter commission or

commissions subsequent to any initial commission without regard to any election or

elections held upon any charter or charters theretofore presented. A charter shall

become effective only upon ratification by a majority of the electors of Hillsborough

county voting in a general or special election as provided by law.

(3) The number, qualifications, terms of office and method of filling vacancies in

the membership of any charter commission established pursuant to this section and

the powers, functions and duties of any such commission shall be provided by law.

(4) A charter prepared by any commission established pursuant to this section

shall provide that:

(a) The governments of the city of Tampa and the county of Hillsborough shall

be consolidated, and the structure of the new local government shall include:

1. An executive branch, the chief officer of which shall be responsible for the

administration of government.

2. An elected legislative branch, the election to membership, powers and

duties of which shall be as provided by the charter.

3. A judicial branch, which shall only have jurisdiction in the enforcement of

ordinances enacted by the legislative branch created by this section.

(b) Should the electors of the municipalities of Plant City or Temple Terrace

wish to consolidate their governments with the government hereinabove created,

they may do so by majority vote of the electors of said municipality voting in an

election upon said issue.

section shall be protected. Bonded or other indebtedness existing at the effective

date of any government established hereunder shall be enforceable only against the

real and personal property theretofore taxable for such purposes.

(d) Such other provisions as might be required by law.

(5) The provisions of such charter and ordinances enacted pursuant thereto

shall not conflict with any provision of this constitution nor with general, special or

local laws now or hereafter applying to Hillsborough county.

(6) The government established hereunder shall be recognized as a county,

that is one of the legal political subdivisions of the state with the powers, rights,

privileges, duties and obligations of a county, and may also exercise all the powers

of a municipality. Said government shall have the right to sue and be sued.

(7) Any government established hereunder shall be entitled to receive from the

state of Florida or from the United States or from any other agency, public or private,

funds and revenues to which a county is, or may hereafter be entitled, and also all

funds and revenues to which an incorporated municipality is or may hereafter be

entitled, and to receive the same without diminution or loss by reason of any such

government as may be established. Nothing herein contained shall preclude such

government as may be established hereunder from receiving all funds and revenues

from whatever source now received, or hereinafter received provided by law.

(8) The board of county commissioners of Hillsborough county shall be

abolished when the functions, duties, powers and responsibilities of said board

shall be transferred in the manner to be provided by the charter to the government

established pursuant to this section. No other office provided for by this constitution

shall be abolished by or pursuant to this section.

(9) This section shall not restrict or limit the legislature in the enactment of

general, special or local laws as otherwise provided in this constitution.

History.—Added, C.S. for H.J.R. 1987, 1965; adopted 1966.

ARTICLE IX

EDUCATION

Sec.

1. Public education.

2. State board of education.

3. Terms of appointive board members.

4. School districts; school boards.

5. Superintendent of schools.

6. State school fund.

7. State University System.

8. State College System.

SECTION 1. Public education.—

(a) The education of children is a fundamental value

of the people of the State of Florida. It is, therefore, a

paramount duty of the state to make adequate provision

for the education of all children residing within its

borders. Adequate provision shall be made by law for

a uniform, efficient, safe, secure, and high quality

ARTICLE VIII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE IX

system of free public schools that allows students to

obtain a high quality education and for the establish-

ment, maintenance, and operation of institutions of

higher learning and other public education programs

that the needs of the people may require. To assure that

children attending public schools obtain a high quality

education, the legislature shall make adequate provi-

sion to ensure that, by the beginning of the 2010 school

year, there are a sufficient number of classrooms so

that:

(1) The maximum number of students who are

assigned to each teacher who is teaching in public

school classrooms for prekindergarten through grade 3

does not exceed 18 students;

(2) The maximum number of students who are

assigned to each teacher who is teaching in public

school classrooms for grades 4 through 8 does not

exceed 22 students; and

(3) The maximum number of students who are

assigned to each teacher who is teaching in public

school classrooms for grades 9 through 12 does not

exceed 25 students.

The class size requirements of this subsection do not

apply to extracurricular classes. Payment of the costs

associated with reducing class size to meet these

requirements is the responsibility of the state and not

of local schools districts. Beginning with the 2003-2004

fiscal year, the legislature shall provide sufficient funds

to reduce the average number of students in each

classroom by at least two students per year until the

maximum number of students per classroom does not

exceed the requirements of this subsection.

(b) Every four-year old child in Florida shall be

provided by the State a high quality pre-kindergarten

learning opportunity in the form of an early childhood

development and education program which shall be

voluntary, high quality, free, and delivered according to

professionally accepted standards. An early childhood

development and education program means an orga-

nized program designed to address and enhance each

child’s ability to make age appropriate progress in an

appropriate range of settings in the development of

language and cognitive capabilities and emotional,

social, regulatory and moral capacities through educa-

tion in basic skills and such other skills as the

Legislature may determine to be appropriate.

programs provided by reason of subparagraph (b) shall

be implemented no later than the beginning of the 2005

school year through funds generated in addition to those

used for existing education, health, and development

programs. Existing education, health, and development

programs are those funded by the State as of January 1,

2002 that provided for child or adult education, health

care, or development.

History.—Am. proposed by Constitution Revision Commission, Revision No. 6,

1998, filed with the Secretary of State May 5, 1998; adopted 1998; Ams. by Initiative

Petitions filed with the Secretary of State April 13, 2001, and January 25, 2002;

adopted 2002.

SECTION 2. State board of education.—The

state board of education shall be a body corporate

and have such supervision of the system of free public

education as is provided by law. The state board of

education shall consist of seven members appointed by

the governor to staggered 4-year terms, subject to

confirmation by the senate. The state board of educa-

tion shall appoint the commissioner of education.

History.—Am. proposed by Constitution Revision Commission, Revision No. 8,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 3. Terms of appointive board mem-

bers.—Members of any appointive board dealing with

education may serve terms in excess of four years as

provided by law.

SECTION 4. School districts; school boards.—

(a) Each county shall constitute a school district;

provided, two or more contiguous counties, upon vote of

the electors of each county pursuant to law, may be

combined into one school district. In each school district

there shall be a school board composed of five or more

members chosen by vote of the electors in a nonparti-

san election for appropriately staggered terms of four

years, as provided by law.

(b) The school board shall operate, control and

supervise all free public schools within the school

district and determine the rate of school district taxes

within the limits prescribed herein. Two or more school

districts may operate and finance joint educational

programs.

History.—Am. proposed by Constitution Revision Commission, Revision No.

11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 5. Superintendent of schools.—In

each school district there shall be a superintendent of

schools who shall be elected at the general election in

each year the number of which is a multiple of four for a

term of four years; or, when provided by resolution of the

district school board, or by special law, approved by

vote of the electors, the district school superintendent in

any school district shall be employed by the district

school board as provided by general law. The resolution

or special law may be rescinded or repealed by either

procedure after four years.

History.—Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 6. State school fund.—The income

derived from the state school fund shall, and the

principal of the fund may, be appropriated, but only to

the support and maintenance of free public schools.

SECTION 7. State University System.—

(a) PURPOSES. In order to achieve excellence

through teaching students, advancing research and

providing public service for the benefit of Florida’s

citizens, their communities and economies, the people

hereby establish a system of governance for the state

university system of Florida.

(b) STATE UNIVERSITY SYSTEM. There shall be

a single state university system comprised of all public

universities. A board of trustees shall administer each

public university and a board of governors shall govern

the state university system.

constituent university shall be administered by a board

of trustees consisting of thirteen members dedicated to

ARTICLE IX CONSTITUTION OF THE STATE OF FLORIDA ARTICLE IX

the purposes of the state university system. The board

of governors shall establish the powers and duties of the

boards of trustees. Each board of trustees shall consist

of six citizen members appointed by the governor and

five citizen members appointed by the board of gover-

nors. The appointed members shall be confirmed by the

senate and serve staggered terms of five years as

provided by law. The chair of the faculty senate, or the

equivalent, and the president of the student body of the

university shall also be members.

(d) STATEWIDE BOARD OF GOVERNORS. The

board of governors shall be a body corporate consisting

of seventeen members. The board shall operate,

regulate, control, and be fully responsible for the

management of the whole university system. These

responsibilities shall include, but not be limited to,

defining the distinctive mission of each constituent

university and its articulation with free public schools

and community colleges, ensuring the well-planned

coordination and operation of the system, and avoiding

wasteful duplication of facilities or programs. The

board’s management shall be subject to the powers

of the legislature to appropriate for the expenditure of

funds, and the board shall account for such expendi-

tures as provided by law. The governor shall appoint to

the board fourteen citizens dedicated to the purposes of

the state university system. The appointed members

shall be confirmed by the senate and serve staggered

terms of seven years as provided by law. The commis-

sioner of education, the chair of the advisory council of

faculty senates, or the equivalent, and the president of

the Florida student association, or the equivalent, shall

also be members of the board.

(e) FEES. Any proposal or action of a constituent

university to raise, impose, or authorize any fee, as

authorized by law, must be approved by at least nine

affirmative votes of the members of the board of

trustees of the constituent university, if approval by

the board of trustees is required by general law, and at

least twelve affirmative votes of the members of the

board of governors, if approval by the board of

governors is required by general law, in order to take

effect. A fee under this subsection shall not include

tuition.

History.—Proposed by Initiative Petition filed with the Secretary of State

September 28, 2001; adopted 2002; Am. proposed by Constitution Revision

Commission, Revision No. 2, 2018, filed with the Secretary of State May 9,

2018; adopted 2018.

SECTION 8. State College System.—

(a) PURPOSES. In order to achieve excellence

and to provide access to undergraduate education to

the students of this state; to originate articulated path-

ways to a baccalaureate degree; to ensure superior

commitment to teaching and learning; and to respond

quickly and efficiently to meet the demand of commu-

nities by aligning certificate and degree programs with

local and regional workforce needs, the people hereby

establish a system of governance for the state college

system of Florida.

(b) STATE COLLEGE SYSTEM. There shall be a

single state college system comprised of all public

community and state colleges. A local board of trustees

shall govern each state college system institution and

the state board of education shall supervise the state

college system.

college system institution shall be governed by a local

board of trustees dedicated to the purposes of the state

college system. A member of a board of trustees must

be a resident of the service delivery area of the college.

The powers and duties of the boards of trustees shall be

provided by law. Each member shall be appointed by

the governor to staggered 4-year terms, subject to

confirmation by the senate.

(d) ROLE OF THE STATE BOARD OF EDUCA-

TION. The state board of education shall supervise

the state college system as provided by law.

History.—Proposed by Constitution Revision Commission, Revision No. 2,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

ARTICLE X

MISCELLANEOUS

Sec.

1. Amendments to United States Constitution.

2. Militia.

3. Vacancy in office.

4. Homestead; exemptions.

5. Coverture and property.

6. Eminent domain.

7. Lotteries.

8. Census.

9. Repeal of criminal statutes.

10. Felony; definition.

11. Sovereignty lands.

12. Rules of construction.

13. Suits against the state.

14. State retirement systems benefit changes.

15. State operated lotteries.

16. Limiting marine net fishing.

17. Everglades Trust Fund.

18. Disposition of conservation lands.

19. [Repealed]

20. Workplaces without tobacco smoke or vapor.

21. Limiting cruel and inhumane confinement of pigs

during pregnancy.

22. Parental notice of termination of a minor’s preg-

nancy.

23. Slot machines.

24. Florida minimum wage.

25. Patients’ right to know about adverse medical

incidents.

26. Prohibition of medical license after repeated

medical malpractice.

27. Comprehensive Statewide Tobacco Education

And Prevention Program.

28. Land Acquisition Trust Fund.

29. Medical marijuana production, possession and

use.

30. Voter control of gambling in Florida.

31. Death benefits for survivors of first responders

and military members.

32. Prohibition on racing of and wagering on grey-

hounds or other dogs.

ARTICLE IX CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

SECTION 1. Amendments to United States Con-

stitution.—The legislature shall not take action on any

proposed amendment to the constitution of the United

States unless a majority of the members thereof have

been elected after the proposed amendment has been

submitted for ratification.

SECTION 2. Militia.—

(a) The militia shall be composed of all ablebodied

inhabitants of the state who are or have declared their

intention to become citizens of the United States; and no

person because of religious creed or opinion shall be

exempted from military duty except upon conditions

provided by law.

(b) The organizing, equipping, housing, maintaining,

and disciplining of the militia, and the safekeeping of

public arms may be provided for by law.

officers of the militia, including an adjutant general who

shall be chief of staff. The appointment of all general

officers shall be subject to confirmation by the senate.

(d) The qualifications of personnel and officers of the

federally recognized national guard, including the ad-

jutant general, and the grounds and proceedings for

their discipline and removal shall conform to the

appropriate United States army or air force regulations

and usages.

SECTION 3. Vacancy in office.—Vacancy in office

shall occur upon the creation of an office, upon the

death, removal from office, or resignation of the incum-

bent or the incumbent’s succession to another office,

unexplained absence for sixty consecutive days, or

failure to maintain the residence required when elected

or appointed, and upon failure of one elected or

appointed to office to qualify within thirty days from

the commencement of the term.

History.—Am. proposed by Constitution Revision Commission, Revision No.

13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 4. Homestead; exemptions.—

(a) There shall be exempt from forced sale under

process of any court, and no judgment, decree or

execution shall be a lien thereon, except for the

payment of taxes and assessments thereon, obligations

contracted for the purchase, improvement or repair

thereof, or obligations contracted for house, field or

other labor performed on the realty, the following

property owned by a natural person:

(1) a homestead, if located outside a municipality, to

the extent of one hundred sixty acres of contiguous land

and improvements thereon, which shall not be reduced

without the owner’s consent by reason of subsequent

inclusion in a municipality; or if located within a

municipality, to the extent of one-half acre of contiguous

land, upon which the exemption shall be limited to the

residence of the owner or the owner’s family;

(2) personal property to the value of one thousand

dollars.

(b) These exemptions shall inure to the surviving

spouse or heirs of the owner.

the owner is survived by spouse or minor child, except

the homestead may be devised to the owner’s spouse if

there be no minor child. The owner of homestead real

estate, joined by the spouse if married, may alienate the

homestead by mortgage, sale or gift and, if married,

may by deed transfer the title to an estate by the entirety

with the spouse. If the owner or spouse is incompetent,

the method of alienation or encumbrance shall be as

provided by law.

History.—Am. H.J.R. 4324, 1972; adopted 1972; Am. H.J.R. 40, 1983; adopted

1984; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998,

filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 5. Coverture and property.—There

shall be no distinction between married women and

married men in the holding, control, disposition, or

encumbering of their property, both real and personal;

except that dower or curtesy may be established and

regulated by law.

SECTION 6. Eminent domain.—

(a) No private property shall be taken except for a

public purpose and with full compensation therefor paid

to each owner or secured by deposit in the registry of the

court and available to the owner.

(b) Provision may be made by law for the taking of

easements, by like proceedings, for the drainage of the

land of one person over or through the land of another.

suant to a petition to initiate condemnation proceedings

filed on or after January 2, 2007, may not be conveyed

to a natural person or private entity except as provided

by general law passed by a three-fifths vote of the

membership of each house of the Legislature.

History.—Am. H.J.R. 1569, 2006; adopted 2006.

SECTION 7. Lotteries.—Lotteries, other than the

types of pari-mutuel pools authorized by law as of the

effective date of this constitution, are hereby prohibited

in this state.

SECTION 8. Census.—

(a) Each decennial census of the state taken by the

United States shall be an official census of the state.

(b) Each decennial census, for the purpose of

classifications based upon population, shall become

effective on the thirtieth day after the final adjournment

of the regular session of the legislature convened next

after certification of the census.

SECTION 9. Repeal of criminal statutes.—Re-

peal of a criminal statute shall not affect prosecution for

any crime committed before such repeal.

History.—Am. proposed by Constitution Revision Commission, Revision No. 6,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 10. Felony; definition.—The term “fel-

ony” as used herein and in the laws of this state shall

mean any criminal offense that is punishable under the

laws of this state, or that would be punishable if

committed in this state, by death or by imprisonment

in the state penitentiary.

SECTION 11. Sovereignty lands.—The title to

lands under navigable waters, within the boundaries

of the state, which have not been alienated, including

beaches below mean high water lines, is held by the

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

state, by virtue of its sovereignty, in trust for all the

people. Sale of such lands may be authorized by law,

but only when in the public interest. Private use of

portions of such lands may be authorized by law, but

only when not contrary to the public interest.

History.—Am. H.J.R. 792, 1970; adopted 1970.

SECTION 12. Rules of construction.—Unless

qualified in the text the following rules of construction

shall apply to this constitution.

(a) “Herein” refers to the entire constitution.

(b) The singular includes the plural.

(d) “Vote of the electors” means the vote of the

majority of those voting on the matter in an election,

general or special, in which those participating are

limited to the electors of the governmental unit referred

to in the text.

(e) Vote or other action of a legislative house or

other governmental body means the vote or action of a

majority or other specified percentage of those mem-

bers voting on the matter. “Of the membership” means

“of all members thereof.”

(f) The terms “judicial office,” “justices” and “judges”

shall not include judges of courts established solely for

the trial of violations of ordinances.

(g) “Special law” means a special or local law.

(h) Titles and subtitles shall not be used in con-

struction.

SECTION 13. Suits against the state.—Provision

may be made by general law for bringing suit against the

state as to all liabilities now existing or hereafter

originating.

SECTION 14. State retirement systems benefit

changes.—A governmental unit responsible for any

retirement or pension system supported in whole or in

part by public funds shall not after January 1, 1977,

provide any increase in the benefits to the members or

beneficiaries of such system unless such unit has made

or concurrently makes provision for the funding of the

increase in benefits on a sound actuarial basis.

History.—Added, H.J.R. 291, 1975; adopted 1976.

SECTION 15. State operated lotteries.—

(a) Lotteries may be operated by the state.

(b) If any subsection or subsections of the amend-

ment to the Florida Constitution are held unconstitu-

tional for containing more than one subject, this

amendment shall be limited to subsection (a) above.

lows:

(1) Schedule—On the effective date of this amend-

ment, the lotteries shall be known as the Florida

Education Lotteries. Net proceeds derived from the

lotteries shall be deposited to a state trust fund, to be

designated The State Education Lotteries Trust Fund, to

be appropriated by the Legislature. The schedule may

be amended by general law.

History.—Proposed by Initiative Petition filed with the Secretary of State June

10, 1985; adopted 1986.

SECTION 16. Limiting marine net fishing.—

(a) The marine resources of the State of Florida

belong to all of the people of the state and should be

conserved and managed for the benefit of the state, its

people, and future generations. To this end the people

hereby enact limitations on marine net fishing in Florida

waters to protect saltwater finfish, shellfish, and other

marine animals from unnecessary killing, overfishing

and waste.

(b) For the purpose of catching or taking any salt-

water finfish, shellfish or other marine animals in Florida

waters:

(1) No gill nets or other entangling nets shall be used

in any Florida waters; and

(2) In addition to the prohibition set forth in (1), no

other type of net containing more than 500 square feet

of mesh area shall be used in nearshore and inshore

Florida waters. Additionally, no more than two such

nets, which shall not be connected, shall be used from

any vessel, and no person not on a vessel shall use

more than one such net in nearshore and inshore

Florida waters.

(1) “gill net” means one or more walls of netting

which captures saltwater finfish by ensnaring or entan-

gling them in the meshes of the net by the gills, and

“entangling net” means a drift net, trammell net, stab

net, or any other net which captures saltwater finfish,

shellfish, or other marine animals by causing all or part

of heads, fins, legs, or other body parts to become

entangled or ensnared in the meshes of the net, but a

hand thrown cast net is not a gill net or an entangling

net;

(2) “mesh area” of a net means the total area of

netting with the meshes open to comprise the maximum

square footage. The square footage shall be calculated

using standard mathematical formulas for geometric

shapes. Seines and other rectangular nets shall be

calculated using the maximum length and maximum

width of the netting. Trawls and other bag type nets shall

be calculated as a cone using the maximum circumfer-

ence of the net mouth to derive the radius, and the

maximum length from the net mouth to the tail end of the

net to derive the slant height. Calculations for any other

nets or combination type nets shall be based on the

shapes of the individual components;

(3) “coastline” means the territorial sea base line for

the State of Florida established pursuant to the laws of

the United States of America;

(4) “Florida waters” means the waters of the Atlantic

Ocean, the Gulf of Mexico, the Straits of Florida, and

any other bodies of water under the jurisdiction of the

State of Florida, whether coastal, intracoastal or inland,

and any part thereof; and

(5) “nearshore and inshore Florida waters” means

all Florida waters inside a line three miles seaward of the

coastline along the Gulf of Mexico and inside a line one

mile seaward of the coastline along the Atlantic Ocean.

(d) This section shall not apply to the use of nets for

scientific research or governmental purposes.

(e) Persons violating this section shall be prose-

cuted and punished pursuant to the penalties provided

in section 370.021(2)(a),(b),(c)6. and 7., and (e), Florida

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

Statutes (1991), unless and until the legislature enacts

more stringent penalties for violations hereof. On and

after the effective date of this section, law enforcement

officers in the state are authorized to enforce the

provisions of this section in the same manner and

authority as if a violation of this section constituted a

violation of Chapter 370, Florida Statutes (1991).

(f) It is the intent of this section that implementing

legislation is not required for enforcing any violations

hereof, but nothing in this section prohibits the establish-

ment by law or pursuant to law of more restrictions on

the use of nets for the purpose of catching or taking any

saltwater finfish, shellfish, or other marine animals.

(g) If any portion of this section is held invalid for any

reason, the remaining portion of this section, to the

fullest extent possible, shall be severed from the void

portion and given the fullest possible force and applica-

tion.

(h) This section shall take effect on the July 1 next

occurring after approval hereof by vote of the electors.

History.—Proposed by Initiative Petition filed with the Secretary of State

October 2, 1992; adopted 1994.

SECTION 17. Everglades Trust Fund.—

(a) There is hereby established the Everglades

Trust Fund, which shall not be subject to termination

pursuant to Article III, Section 19(f). The purpose of the

Everglades Trust Fund is to make funds available to

assist in conservation and protection of natural re-

sources and abatement of water pollution in the Ever-

glades Protection Area and the Everglades Agricultural

Area. The trust fund shall be administered by the South

Florida Water Management District, or its successor

agency, consistent with statutory law.

(b) The Everglades Trust Fund may receive funds

from any source, including gifts from individuals,

corporations or other entities; funds from general

revenue as determined by the Legislature; and any

other funds so designated by the Legislature, by the

United States Congress or by any other governmental

entity.

shall be expended for purposes of conservation and

protection of natural resources and abatement of water

pollution in the Everglades Protection Area and Ever-

glades Agricultural Area.

(d) For purposes of this subsection, the terms

“Everglades Protection Area,” “Everglades Agricultural

Area” and “South Florida Water Management District”

shall have the meanings as defined in statutes in effect

on January 1, 1996.

History.—Proposed by Initiative Petition filed with the Secretary of State March

26, 1996; adopted 1996.

SECTION 18. Disposition of conservation lands.

The fee interest in real property held by an entity of the

state and designated for natural resources conservation

purposes as provided by general law shall be managed

for the benefit of the citizens of this state and may be

disposed of only if the members of the governing board

of the entity holding title determine the property is no

longer needed for conservation purposes and only upon

a vote of two-thirds of the governing board.

History.—Proposed by Constitution Revision Commission, Revision No. 5,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 19. [Repealed]—

History.—Proposed by Initiative Petition filed with the Secretary of State August

25, 1999; adopted 2000; Am. proposed by Initiative Petition filed with the Secretary

of State February 18, 2004; adopted 2004; Am. proposed by Constitution Revision

Commission, Revision No. 6, 2018, filed with the Secretary of State May 9, 2018;

adopted 2018.

SECTION 20. Workplaces without tobacco

smoke or vapor.—

(a) PROHIBITION. As a Florida health initiative to

protect people from the health hazards of second-hand

tobacco smoke and vapor, tobacco smoking and the

use of vapor-generating electronic devices are prohib-

ited in enclosed indoor workplaces. This section does

not preclude the adoption of ordinances that impose

more restrictive regulation on the use of vapor-generat-

ing electronic devices than is provided in this section.

(b) EXCEPTIONS. As further explained in the

definitions below, tobacco smoking and the use of

vapor-generating electronic devices may be permitted

in private residences whenever they are not being used

commercially to provide child care, adult care, or health

care, or any combination thereof; and further may be

permitted in retail tobacco shops, vapor-generating

electronic device retailers, designated smoking guest

rooms at hotels and other public lodging establish-

ments; and stand-alone bars. However, nothing in this

section or in its implementing legislation or regulations

shall prohibit the owner, lessee, or other person in

control of the use of an enclosed indoor workplace from

further prohibiting or limiting smoking or the use of

vapor-generating electronic devices therein.

the following words and terms shall have the stated

meanings:

(1) “Smoking” means inhaling, exhaling, burning,

carrying, or possessing any lighted tobacco product,

including cigarettes, cigars, pipe tobacco, and any other

lighted tobacco product.

(2) “Second-hand smoke,” also known as environ-

mental tobacco smoke (ETS), means smoke emitted

from lighted, smoldering, or burning tobacco when the

smoker is not inhaling; smoke emitted at the mouth-

piece during puff drawing; and smoke exhaled by the

smoker.

(3) “Work” means any person’s providing any em-

ployment or employment-type service for or at the

request of another individual or individuals or any public

or private entity, whether for compensation or not,

whether full or part-time, whether legally or not.

“Work” includes, without limitation, any such service

performed by an employee, independent contractor,

agent, partner, proprietor, manager, officer, director,

apprentice, trainee, associate, servant, volunteer, and

the like.

(4) “Enclosed indoor workplace” means any place

where one or more persons engages in work, and which

place is predominantly or totally bounded on all sides

and above by physical barriers, regardless of whether

such barriers consist of or include uncovered openings,

screened or otherwise partially covered openings; or

open or closed windows, jalousies, doors, or the like.

This section applies to all such enclosed indoor work-

places without regard to whether work is occurring at

any given time.

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

(5) “Commercial” use of a private residence means

any time during which the owner, lessee, or other

person occupying or controlling the use of the private

residence is furnishing in the private residence, or

causing or allowing to be furnished in the private

residence, child care, adult care, or health care, or

any combination thereof, and receiving or expecting to

receive compensation therefor.

(6) “Retail tobacco shop” means any enclosed in-

door workplace dedicated to or predominantly for the

retail sale of tobacco, tobacco products, and acces-

sories for such products, in which the sale of other

products or services is merely incidental.

(7) “Designated smoking guest rooms at public

lodging establishments” means the sleeping rooms

and directly associated private areas, such as bath-

rooms, living rooms, and kitchen areas, if any, rented to

guests for their exclusive transient occupancy in public

lodging establishments including hotels, motels, resort

condominiums, transient apartments, transient lodging

establishments, rooming houses, boarding houses,

resort dwellings, bed and breakfast inns, and the like;

and designated by the person or persons having

management authority over such public lodging estab-

lishment as rooms in which smoking may be permitted.

(8) “Stand-alone bar” means any place of business

devoted during any time of operation predominantly or

totally to serving alcoholic beverages, intoxicating

beverages, or intoxicating liquors, or any combination

thereof, for consumption on the licensed premises; in

which the serving of food, if any, is merely incidental to

the consumption of any such beverage; and that is not

located within, and does not share any common entry-

way or common indoor area with, any other enclosed

indoor workplace including any business for which the

sale of food or any other product or service is more than

an incidental source of gross revenue.

(9) “Vapor-generating electronic device” means any

product that employs an electronic, a chemical, or a

mechanical means capable of producing vapor or

aerosol from a nicotine product or any other substance,

including, but not limited to, an electronic cigarette,

electronic cigar, electronic cigarillo, electronic pipe, or

other similar device or product, any replacement

cartridge for such device, and any other container of

a solution or other substance intended to be used with or

within an electronic cigarette, electronic cigar, electronic

cigarillo, electronic pipe, or other similar device or

product.

(10) “Vapor-generating electronic device retailer”

means any enclosed indoor workplace dedicated to or

predominantly for the retail sale of vapor-generating

electronic devices and components, parts, and acces-

sories for such products, in which the sale of other

products or services is merely incidental.

(d) LEGISLATION. In the next regular legislative

session occurring after voter approval of this section or

any amendment to this section, the legislature shall

adopt legislation to implement this section and any

amendment to this section in a manner consistent with

its broad purpose and stated terms, and having an

effective date no later than July 1 of the year following

voter approval. Such legislation shall include, without

limitation, civil penalties for violations of this section;

provisions for administrative enforcement; and the

requirement and authorization of agency rules for

implementation and enforcement. This section does

not preclude the legislature from enacting any law

constituting or allowing a more restrictive regulation of

tobacco smoking or the use of vapor-generating elec-

tronic devices than is provided in this section.

History.—Proposed by Initiative Petition filed with the Secretary of State July 16,

2001; adopted 2002; Am. proposed by Constitution Revision Commission, Revision

No. 4, 2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 21. Limiting cruel and inhumane con-

finement of pigs during pregnancy.—Inhumane

treatment of animals is a concern of Florida citizens.

To prevent cruelty to certain animals and as recom-

mended by The Humane Society of the United States,

the people of the State of Florida hereby limit the cruel

and inhumane confinement of pigs during pregnancy as

provided herein.

(a) It shall be unlawful for any person to confine a pig

during pregnancy in an enclosure, or to tether a pig

during pregnancy, on a farm in such a way that she is

prevented from turning around freely.

(b) This section shall not apply:

(1) when a pig is undergoing an examination, test,

treatment or operation carried out for veterinary pur-

poses, provided the period during which the animal is

confined or tethered is not longer than reasonably

necessary.

(2) during the prebirthing period.

(1) “enclosure” means any cage, crate or other

enclosure in which a pig is kept for all or the majority

of any day, including what is commonly described as the

“gestation crate.”

(2) “farm” means the land, buildings, support facil-

ities, and other appurtenances used in the production of

animals for food or fiber.

(3) “person” means any natural person, corporation

and/or business entity.

(4) “pig” means any animal of the porcine species.

(5) “turning around freely” means turning around

without having to touch any side of the pig’s enclosure.

(6) “prebirthing period” means the seven day period

prior to a pig’s expected date of giving birth.

(d) A person who violates this section shall be guilty

of a misdemeanor of the first degree, punishable as

provided in s. 775.082(4)(a), Florida Statutes (1999), as

amended, or by a fine of not more than $5000, or by

both imprisonment and a fine, unless and until the

legislature enacts more stringent penalties for violations

hereof. On and after the effective date of this section,

law enforcement officers in the state are authorized to

enforce the provisions of this section in the same

manner and authority as if a violation of this section

constituted a violation of Section 828.13, Florida

Statutes (1999). The confinement or tethering of each

pig shall constitute a separate offense. The knowledge

or acts of agents and employees of a person in regard to

a pig owned, farmed or in the custody of a person, shall

be held to be the knowledge or act of such person.

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

(e) It is the intent of this section that implementing

legislation is not required for enforcing any violations

hereof.

(f) If any portion of this section is held invalid for any

reason, the remaining portion of this section, to the

fullest extent possible, shall be severed from the void

portion and given the fullest possible force and applica-

tion.

(g) This section shall take effect six years after

approval by the electors.

History.—Proposed by Initiative Petition filed with the Secretary of State

October 27, 2000; adopted 2002.

Note.—This section, originally designated section 19 by Amendment No. 10,

2002, proposed by Initiative Petition filed with the Secretary of State October 27,

2000, adopted 2002, was redesignated section 21 by the editors in order to avoid

confusion with already existing section 19, relating to the high speed ground

transportation system, and section 20, relating to prohibiting workplace smoking, as

contained in Amendment No. 6, 2002, proposed by Initiative Petition filed with the

Secretary of State July 16, 2001, adopted 2002.

SECTION 22. Parental notice of termination of a

minor’s pregnancy.—The Legislature shall not limit or

deny the privacy right guaranteed to a minor under the

United States Constitution as interpreted by the United

States Supreme Court. Notwithstanding a minor’s right

of privacy provided in Section 23 of Article I, the

Legislature is authorized to require by general law for

notification to a parent or guardian of a minor before the

termination of the minor’s pregnancy. The Legislature

shall provide exceptions to such requirement for noti-

fication and shall create a process for judicial waiver of

the notification.

History.—Added, H.J.R. 1, 2004; adopted 2004.

SECTION 23. Slot machines.—

(a) After voter approval of this constitutional amend-

ment, the governing bodies of Miami-Dade and Broward

Counties each may hold a county-wide referendum in

their respective counties on whether to authorize slot

machines within existing, licensed parimutuel facilities

(thoroughbred and harness racing, greyhound racing,

and jai-alai) that have conducted live racing or games in

that county during each of the last two calendar years

before the effective date of this amendment. If the

voters of such county approve the referendum question

by majority vote, slot machines shall be authorized in

such parimutuel facilities. If the voters of such county by

majority vote disapprove the referendum question, slot

machines shall not be so authorized, and the question

shall not be presented in another referendum in that

county for at least two years.

(b) In the next regular Legislative session occurring

after voter approval of this constitutional amendment,

the Legislature shall adopt legislation implementing this

section and having an effective date no later than July 1

of the year following voter approval of this amendment.

Such legislation shall authorize agency rules for im-

plementation, and may include provisions for the

licensure and regulation of slot machines. The Legis-

lature may tax slot machine revenues, and any such

taxes must supplement public education funding state-

wide.

reason, the remaining portion or portions shall be

severed from the invalid portion and given the fullest

possible force and effect.

(d) This amendment shall become effective when

approved by vote of the electors of the state.

History.—Proposed by Initiative Petition filed with the Secretary of State May

28, 2002; adopted 2004.

Note.—This section, originally designated section 19 by Amendment No. 4,

2004, proposed by Initiative Petition filed with the Secretary of State May 28, 2002,

adopted 2004, was redesignated section 23 by the editors in order to avoid

confusion with already existing section 19, relating to the high speed ground

transportation system.

SECTION 24. Florida minimum wage.—

(a) PUBLIC POLICY. All working Floridians are

entitled to be paid a minimum wage that is sufficient to

provide a decent and healthy life for them and their

families, that protects their employers from unfair low-

wage competition, and that does not force them to rely

on taxpayer-funded public services in order to avoid

economic hardship.

(b) DEFINITIONS. As used in this amendment, the

terms “Employer,” “Employee” and “Wage” shall have

the meanings established under the federal Fair Labor

Standards Act (FLSA) and its implementing regulations.

ployees Wages no less than the Minimum Wage for all

hours worked in Florida. Six months after enactment,

the Minimum Wage shall be established at an hourly

rate of $6.15. Effective September 30th, 2021, the

existing state Minimum Wage shall increase to $10.00

per hour, and then increase each September 30th

thereafter by $1.00 per hour, until the Minimum Wage

reaches $15.00 per hour on September 30th, 2026. On

September 30th of 2027 and on each following Sep-

tember 30th, the state Agency for Workforce Innovation

shall calculate an adjusted Minimum Wage rate by

increasing the current Minimum Wage rate by the rate of

inflation during the twelve months prior to each Sep-

tember 1st using the consumer price index for urban

wage earners and clerical workers, CPI-W, or a

successor index as calculated by the United States

Department of Labor. Each adjusted Minimum Wage

rate calculated shall be published and take effect on the

following January 1st. For tipped Employees meeting

eligibility requirements for the tip credit under the FLSA,

Employers may credit towards satisfaction of the

Minimum Wage tips up to the amount of the allowable

FLSA tip credit in 2003.

(d) RETALIATION PROHIBITED. It shall be un-

lawful for an Employer or any other party to discriminate

in any manner or take adverse action against any

person in retaliation for exercising rights protected

under this amendment. Rights protected under this

amendment include, but are not limited to, the right to

file a complaint or inform any person about any party’s

alleged noncompliance with this amendment, and the

right to inform any person of his or her potential rights

under this amendment and to assist him or her in

asserting such rights.

(e) ENFORCEMENT. Persons aggrieved by a vio-

lation of this amendment may bring a civil action in a

court of competent jurisdiction against an Employer or

person violating this amendment and, upon prevailing,

shall recover the full amount of any back wages

unlawfully withheld plus the same amount as liquidated

damages, and shall be awarded reasonable attorney’s

fees and costs. In addition, they shall be entitled to such

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

legal or equitable relief as may be appropriate to remedy

the violation including, without limitation, reinstatement

in employment and/or injunctive relief. Any Employer or

other person found liable for willfully violating this

amendment shall also be subject to a fine payable to

the state in the amount of $1000.00 for each violation.

The state attorney general or other official designated

by the state legislature may also bring a civil action to

enforce this amendment. Actions to enforce this

amendment shall be subject to a statute of limitations

of four years or, in the case of willful violations, five

years. Such actions may be brought as a class action

pursuant to Rule 1.220 of the Florida Rules of Civil

Procedure.

(f) ADDITIONAL LEGISLATION, IMPLEMENTA-

TION AND CONSTRUCTION. Implementing legisla-

tion is not required in order to enforce this amendment.

The state legislature may by statute establish additional

remedies or fines for violations of this amendment, raise

the applicable Minimum Wage rate, reduce the tip

credit, or extend coverage of the Minimum Wage to

employers or employees not covered by this amend-

ment. The state legislature may by statute or the state

Agency for Workforce Innovation may by regulation

adopt any measures appropriate for the implementation

of this amendment. This amendment provides for

payment of a minimum wage and shall not be construed

to preempt or otherwise limit the authority of the state

legislature or any other public body to adopt or enforce

any other law, regulation, requirement, policy or stan-

dard that provides for payment of higher or supple-

mental wages or benefits, or that extends such protec-

tions to employers or employees not covered by this

amendment. It is intended that case law, administrative

interpretations, and other guiding standards developed

under the federal FLSA shall guide the construction of

this amendment and any implementing statutes or

regulations.

(g) SEVERABILITY. If any part of this amend-

ment, or the application of this amendment to any

person or circumstance, is held invalid, the remainder of

this amendment, including the application of such part to

other persons or circumstances, shall not be affected by

such a holding and shall continue in full force and effect.

To this end, the parts of this amendment are severable.

History.—Proposed by Initiative Petition filed with the Secretary of State August

7, 2003; adopted 2004; Am. by Initiative Petition filed with the Secretary of State

January 10, 2018; adopted 2020.

SECTION 25. Patients’ right to know about

adverse medical incidents.—

(a) In addition to any other similar rights provided

herein or by general law, patients have a right to have

access to any records made or received in the course of

business by a health care facility or provider relating to

any adverse medical incident.

(b) In providing such access, the identity of patients

involved in the incidents shall not be disclosed, and any

privacy restrictions imposed by federal law shall be

maintained.

have the following meanings:

(1) The phrases “health care facility” and “health

care provider” have the meaning given in general law

related to a patient’s rights and responsibilities.

(2) The term “patient” means an individual who has

sought, is seeking, is undergoing, or has undergone

care or treatment in a health care facility or by a health

care provider.

(3) The phrase “adverse medical incident” means

medical negligence, intentional misconduct, and any

other act, neglect, or default of a health care facility or

health care provider that caused or could have caused

injury to or death of a patient, including, but not limited

to, those incidents that are required by state or federal

law to be reported to any governmental agency or body,

and incidents that are reported to or reviewed by any

health care facility peer review, risk management,

quality assurance, credentials, or similar committee,

or any representative of any such committees.

(4) The phrase “have access to any records” means,

in addition to any other procedure for producing such

records provided by general law, making the records

available for inspection and copying upon formal or

informal request by the patient or a representative of the

patient, provided that current records which have been

made publicly available by publication or on the Internet

may be “provided” by reference to the location at which

the records are publicly available.

History.—Proposed by Initiative Petition filed with the Secretary of State April 1,

2003; adopted 2004.

Note.—

A. This section, originally designated section 22 by Amendment No. 7, 2004,

proposed by Initiative Petition filed with the Secretary of State April 1, 2003, adopted

2004, was redesignated section 25 by the editors in order to avoid confusion with

section 22, relating to parental notice of termination of a minor’s pregnancy, as

contained in Amendment No. 1, 2004, added by H.J.R. 1, 2004, adopted 2004.

B. Amendment No. 7, 2004, proposed by Initiative Petition filed with the

Secretary of State April 1, 2003, adopted 2004, published “[f]ull [t]ext” consisting of a

statement and purpose, the actual amendment “inserting the following new section

at the end [of Art. X],” and an effective date and severability provision not specifically

included in the amendment text. The effective date and severability provision reads:

3) Effective Date and Severability:

This amendment shall be effective on the date it is approved by the electorate. If

any portion of this measure is held invalid for any reason, the remaining portion of

this measure, to the fullest extent possible, shall be severed from the void portion

and given the fullest possible force and application.

SECTION 26. Prohibition of medical license

after repeated medical malpractice.—

(a) No person who has been found to have com-

mitted three or more incidents of medical malpractice

shall be licensed or continue to be licensed by the State

of Florida to provide health care services as a medical

doctor.

(b) For purposes of this section, the following terms

have the following meanings:

(1) The phrase “medical malpractice” means both

the failure to practice medicine in Florida with that level

of care, skill, and treatment recognized in general law

related to health care providers’ licensure, and any

similar wrongful act, neglect, or default in other states or

countries which, if committed in Florida, would have

been considered medical malpractice.

(2) The phrase “found to have committed” means

that the malpractice has been found in a final judgment

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

of a court of law, final administrative agency decision, or

decision of binding arbitration.

History.—Proposed by Initiative Petition filed with the Secretary of State April 7,

2003; adopted 2004.

Note.—

A. This section, originally designated section 20 by Amendment No. 8, 2004,

proposed by Initiative Petition filed with the Secretary of State April 7, 2003, adopted

2004, was redesignated section 26 by the editors in order to avoid confusion with

already existing section 20, relating to prohibiting workplace smoking.

B. Amendment No. 8, 2004, proposed by Initiative Petition filed with the

Secretary of State April 7, 2003, adopted 2004, published “[f]ull [t]ext” consisting of a

statement and purpose, the actual amendment “inserting the following new section

at the end [of Art. X],” and an effective date and severability provision not specifically

included in the amendment text. The effective date and severability provision reads:

c) Effective Date and Severability:

This amendment shall be effective on the date it is approved by the electorate. If

any portion of this measure is held invalid for any reason, the remaining portion of

this measure, to the fullest extent possible, shall be severed from the void portion

and given the fullest possible force and application.

SECTION 27. Comprehensive Statewide Tobac-

co Education And Prevention Program.—In order to

protect people, especially youth, from health hazards of

using tobacco, including addictive disorders, cancer,

cardiovascular diseases, and lung diseases; and to

discourage use of tobacco, particularly among youth, a

portion of the money that tobacco companies pay to the

State of Florida under the Tobacco Settlement each

year shall be used to fund a comprehensive statewide

tobacco education and prevention program consistent

with recommendations of the U.S. Centers for Disease

Control and Prevention (CDC), as follows:

(a) PROGRAM. The money appropriated pur-

suant to this section shall be used to fund a compre-

hensive statewide tobacco education and prevention

program consistent with the recommendations for

effective program components in the 1999 Best Prac-

tices for Comprehensive Tobacco Control Programs of

the CDC, as such Best Practices may be amended by

the CDC. This program shall include, at a minimum, the

following components, and may include additional

components that are also contained within the CDC

Best Practices, as periodically amended, and that are

effective at accomplishing the purpose of this section,

and that do not undermine the effectiveness of these

required minimum components:

(1) an advertising campaign to discourage the use of

tobacco and to educate people, especially youth, about

the health hazards of tobacco, which shall be designed

to be effective at achieving these goals and shall

include, but need not be limited to, television, radio,

and print advertising, with no limitations on any individ-

ual advertising medium utilized; and which shall be

funded at a level equivalent to one-third of each total

annual appropriation required by this section;

(2) evidence-based curricula and programs to edu-

cate youth about tobacco and to discourage their use of

it, including, but not limited to, programs that involve

youth, educate youth about the health hazards of

tobacco, help youth develop skills to refuse tobacco,

and demonstrate to youth how to stop using tobacco;

(3) programs of local community-based partner-

ships that discourage the use of tobacco and work to

educate people, especially youth, about the health

hazards of tobacco, with an emphasis on programs

that involve youth and emphasize the prevention and

cessation of tobacco use;

(4) enforcement of laws, regulations, and policies

against the sale or other provision of tobacco to minors,

and the possession of tobacco by minors; and

(5) publicly-reported annual evaluations to ensure

that moneys appropriated pursuant to this section are

spent properly, which shall include evaluation of the

program’s effectiveness in reducing and preventing

tobacco use, and annual recommendations for improve-

ments to enhance the program’s effectiveness, which

are to include comparisons to similar programs proven

to be effective in other states, as well as comparisons to

CDC Best Practices, including amendments thereto.

(b) FUNDING. In every year beginning with the

calendar year after voters approve this amendment, the

Florida Legislature shall appropriate, for the purpose

expressed herein, from the total gross funds that

tobacco companies pay to the State of Florida under

the Tobacco Settlement, an amount equal to fifteen

percent of such funds paid to the State in 2005; and the

appropriation required by this section shall be adjusted

annually for inflation, using the Consumer Price Index

as published by the United States Department of Labor.

limitation, tobacco itself and tobacco products that

include tobacco and are intended or expected for

human use or consumption, including, but not limited

to, cigarettes, cigars, pipe tobacco, and smokeless

tobacco. The “Tobacco Settlement” means that certain

Settlement Agreement dated August 25, 1997, entered

into in settlement of the case styled as State of Florida,

et al. v. American Tobacco Company, et al., Case No.

95-1466 AH (Fla. 15th Cir. Ct.), as amended by

Stipulation of Amendment dated September 11, 1998;

and includes any subsequent amendments and suc-

cessor agreements. “Youth” includes minors and young

adults.

(d) EFFECTIVE DATE. This amendment shall be-

come effective immediately upon approval by the

voters.

History.—Proposed by Initiative Petition filed with the Secretary of State July 20,

2005; adopted 2006.

SECTION 28. Land Acquisition Trust Fund.—

(a) Effective on July 1 of the year following passage

of this amendment by the voters, and for a period of 20

years after that effective date, the Land Acquisition

Trust Fund shall receive no less than 33 percent of net

revenues derived from the existing excise tax on

documents, as defined in the statutes in effect on

January 1, 2012, as amended from time to time, or any

successor or replacement tax, after the Department of

Revenue first deducts a service charge to pay the costs

of the collection and enforcement of the excise tax on

documents.

(b) Funds in the Land Acquisition Trust Fund shall

be expended only for the following purposes:

(1) As provided by law, to finance or refinance: the

acquisition and improvement of land, water areas, and

related property interests, including conservation ease-

ments, and resources for conservation lands including

wetlands, forests, and fish and wildlife habitat; wildlife

management areas; lands that protect water resources

and drinking water sources, including lands protecting

the water quality and quantity of rivers, lakes, streams,

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

springsheds, and lands providing recharge for ground-

water and aquifer systems; lands in the Everglades

Agricultural Area and the Everglades Protection Area,

as defined in Article II, Section 7(b); beaches and

shores; outdoor recreation lands, including recreational

trails, parks, and urban open space; rural landscapes;

working farms and ranches; historic or geologic sites;

together with management, restoration of natural sys-

tems, and the enhancement of public access or

recreational enjoyment of conservation lands.

(2) To pay the debt service on bonds issued

pursuant to Article VII, Section 11(e).

Trust Fund, as defined by the statutes in effect on

January 1, 2012, shall not be or become commingled

with the general revenue fund of the state.

History.—Proposed by Initiative Petition filed with the Secretary of State

September 17, 2012; adopted 2014.

SECTION 29. Medical marijuana production,

possession and use.—

(a) PUBLIC POLICY.

(1) The medical use of marijuana by a qualifying

patient or caregiver in compliance with this section is not

subject to criminal or civil liability or sanctions under

Florida law.

(2) A physician shall not be subject to criminal or civil

liability or sanctions under Florida law solely for issuing

a physician certification with reasonable care to a

person diagnosed with a debilitating medical condition

in compliance with this section.

(3) Actions and conduct by a Medical Marijuana

Treatment Center registered with the Department, or its

agents or employees, and in compliance with this

section and Department regulations, shall not be

subject to criminal or civil liability or sanctions under

Florida law.

(b) DEFINITIONS. For purposes of this section,

the following words and terms shall have the following

meanings:

(1) “Debilitating Medical Condition” means cancer,

epilepsy, glaucoma, positive status for human immu-

nodeficiency virus (HIV), acquired immune deficiency

syndrome (AIDS), post-traumatic stress disorder

(PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s

disease, Parkinson’s disease, multiple sclerosis, or

other debilitating medical conditions of the same kind

or class as or comparable to those enumerated, and for

which a physician believes that the medical use of

marijuana would likely outweigh the potential health

risks for a patient.

(2) “Department” means the Department of Health

or its successor agency.

(3) “Identification card” means a document issued

by the Department that identifies a qualifying patient or a

caregiver.

(4) “Marijuana” has the meaning given cannabis in

Section 893.02(3), Florida Statutes (2014), and, in

addition, “Low-THC cannabis” as defined in Section

381.986(1)(b), Florida Statutes (2014), shall also be

included in the meaning of the term “marijuana.”

(5) “Medical Marijuana Treatment Center” (MMTC)

means an entity that acquires, cultivates, possesses,

processes (including development of related products

such as food, tinctures, aerosols, oils, or ointments),

transfers, transports, sells, distributes, dispenses, or

administers marijuana, products containing marijuana,

related supplies, or educational materials to qualifying

patients or their caregivers and is registered by the

Department.

(6) “Medical use” means the acquisition, posses-

sion, use, delivery, transfer, or administration of an

amount of marijuana not in conflict with Department

rules, or of related supplies by a qualifying patient or

caregiver for use by the caregiver’s designated qualify-

ing patient for the treatment of a debilitating medical

condition.

(7) “Caregiver” means a person who is at least

twenty-one (21) years old who has agreed to assist with

a qualifying patient’s medical use of marijuana and has

qualified for and obtained a caregiver identification card

issued by the Department. The Department may limit

the number of qualifying patients a caregiver may assist

at one time and the number of caregivers that a

qualifying patient may have at one time. Caregivers

are prohibited from consuming marijuana obtained for

medical use by the qualifying patient.

(8) “Physician” means a person who is licensed to

practice medicine in Florida.

(9) “Physician certification” means a written docu-

ment signed by a physician, stating that in the physi-

cian’s professional opinion, the patient suffers from a

debilitating medical condition, that the medical use of

marijuana would likely outweigh the potential health

risks for the patient, and for how long the physician

recommends the medical use of marijuana for the

patient. A physician certification may only be provided

after the physician has conducted a physical examina-

tion and a full assessment of the medical history of the

patient. In order for a physician certification to be issued

to a minor, a parent or legal guardian of the minor must

consent in writing.

(10) “Qualifying patient” means a person who has

been diagnosed to have a debilitating medical condition,

who has a physician certification and a valid qualifying

patient identification card. If the Department does not

begin issuing identification cards within nine (9) months

after the effective date of this section, then a valid

physician certification will serve as a patient identifica-

tion card in order to allow a person to become a

“qualifying patient” until the Department begins issuing

identification cards.

(1) Nothing in this section allows for a violation of

any law other than for conduct in compliance with the

provisions of this section.

(2) Nothing in this section shall affect or repeal laws

relating to non-medical use, possession, production, or

sale of marijuana.

(3) Nothing in this section authorizes the use of

medical marijuana by anyone other than a qualifying

patient.

(4) Nothing in this section shall permit the operation

of any vehicle, aircraft, train or boat while under the

influence of marijuana.

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

(5) Nothing in this section requires the violation of

federal law or purports to give immunity under federal

law.

(6) Nothing in this section shall require any accom-

modation of any on-site medical use of marijuana in any

correctional institution or detention facility or place of

education or employment, or of smoking medical

marijuana in any public place.

(7) Nothing in this section shall require any health

insurance provider or any government agency or

authority to reimburse any person for expenses related

to the medical use of marijuana.

(8) Nothing in this section shall affect or repeal laws

relating to negligence or professional malpractice on the

part of a qualified patient, caregiver, physician, MMTC,

or its agents or employees.

(d) DUTIES OF THE DEPARTMENT. The Depart-

ment shall issue reasonable regulations necessary for

the implementation and enforcement of this section.

The purpose of the regulations is to ensure the

availability and safe use of medical marijuana by

qualifying patients. It is the duty of the Department to

promulgate regulations in a timely fashion.

(1) Implementing Regulations. In order to allow the

Department sufficient time after passage of this section,

the following regulations shall be promulgated no later

than six (6) months after the effective date of this

section:

a. Procedures for the issuance and annual renewal

of qualifying patient identification cards to people with

physician certifications and standards for renewal of

such identification cards. Before issuing an identification

card to a minor, the Department must receive written

consent from the minor’s parent or legal guardian, in

addition to the physician certification.

b. Procedures establishing qualifications and stan-

dards for caregivers, including conducting appropriate

background checks, and procedures for the issuance

and annual renewal of caregiver identification cards.

c. Procedures for the registration of MMTCs that

include procedures for the issuance, renewal, suspen-

sion and revocation of registration, and standards to

ensure proper security, record keeping, testing, label-

ing, inspection, and safety.

d. A regulation that defines the amount of marijua-

na that could reasonably be presumed to be an

adequate supply for qualifying patients’ medical use,

based on the best available evidence. This presumption

as to quantity may be overcome with evidence of a

particular qualifying patient’s appropriate medical use.

(2) Identification cards and registrations. The De-

partment shall begin issuing qualifying patient and

caregiver identification cards, and registering MMTCs

no later than nine (9) months after the effective date of

this section.

(3) If the Department does not issue regulations, or if

the Department does not begin issuing identification

cards and registering MMTCs within the time limits set in

this section, any Florida citizen shall have standing to

seek judicial relief to compel compliance with the

Department’s constitutional duties.

(4) The Department shall protect the confidentiality

of all qualifying patients. All records containing the

identity of qualifying patients shall be confidential and

kept from public disclosure other than for valid medical

or law enforcement purposes.

(e) LEGISLATION. Nothing in this section shall

limit the legislature from enacting laws consistent with

this section.

(f) SEVERABILITY. The provisions of this section

are severable and if any clause, sentence, paragraph or

section of this measure, or an application thereof, is

adjudged invalid by a court of competent jurisdiction

other provisions shall continue to be in effect to the

fullest extent possible.

History.—Proposed by Initiative Petition filed with the Secretary of State

January 9, 2015; adopted 2016.

SECTION 30. Voter control of gambling in Flor-

ida.—

(a) This amendment ensures that Florida voters

shall have the exclusive right to decide whether to

authorize casino gambling in the State of Florida. This

amendment requires a vote by citizens’ initiative pur-

suant to Article XI, section 3, in order for casino

gambling to be authorized under Florida law. This

section amends this Article; and also affects Article

XI, by making citizens’ initiatives the exclusive method

of authorizing casino gambling.

(b) As used in this section, “casino gambling” means

any of the types of games typically found in casinos and

that are within the definition of Class III gaming in the

Federal Indian Gaming Regulatory Act, 25 U.S.C. ss.

2701 et seq. (“IGRA”), and in 25 C.F.R. s. 502.4, upon

adoption of this amendment, and any that are added to

such definition of Class III gaming in the future. This

includes, but is not limited to, any house banking game,

including but not limited to card games such as

baccarat, chemin de fer, blackjack (21), and pai gow

(if played as house banking games); any player-banked

game that simulates a house banking game, such as

California black jack; casino games such as roulette,

craps, and keno; any slot machines as defined in 15

U.S.C. s. 1171(a)(1); and any other game not author-

ized by Article X, section 15, whether or not defined as a

slot machine, in which outcomes are determined by

random number generator or are similarly assigned

randomly, such as instant or historical racing. As used

herein, “casino gambling” includes any electronic gam-

bling devices, simulated gambling devices, video lottery

devices, internet sweepstakes devices, and any other

form of electronic or electromechanical facsimiles of any

game of chance, slot machine, or casino-style game,

regardless of how such devices are defined under

IGRA. As used herein, “casino gambling” does not

include pari-mutuel wagering on horse racing, dog

racing, or jai alai exhibitions. For purposes of this

section, “gambling” and “gaming” are synonymous.

of the Legislature to exercise its authority through

general law to restrict, regulate, or tax any gaming or

gambling activities. In addition, nothing herein shall be

construed to limit the ability of the state or Native

American tribes to negotiate gaming compacts pursuant

to the Federal Indian Gaming Regulatory Act for the

conduct of casino gambling on tribal lands, or to affect

any existing gambling on tribal lands pursuant to

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE X

compacts executed by the state and Native American

tribes pursuant to IGRA.

(d) This section is effective upon approval by the

voters, is self-executing, and no Legislative implemen-

tation is required.

(e) If any part of this section is held invalid for any

reason, the remaining portion or portions shall be

severed from the invalid portion and given the fullest

possible force and effect.

History.—Proposed by Initiative Petition filed with the Secretary of State

October 26, 2015; adopted 2018.

SECTION 31. Death benefits for survivors of

first responders and military members.—

(a) A death benefit shall be paid by the employing

agency when a firefighter; a paramedic; an emergency

medical technician; a law enforcement, correctional, or

correctional probation officer; or a member of the

Florida National Guard, while engaged in the perfor-

mance of their official duties, is:

(1) Accidentally killed or receives accidental bodily

injury which results in the loss of the individual’s life,

provided that such killing is not the result of suicide and

that such bodily injury is not intentionally self-inflicted; or

(2) Unlawfully and intentionally killed or dies as a

result of such unlawful and intentional act or is killed

during active duty.

(b) A death benefit shall be paid by funds from

general revenue when an active duty member of the

United States Armed Forces is:

(1) Accidentally killed or receives accidental bodily

injury which results in the loss of the individual’s life,

provided that such killing is not the result of suicide and

that such bodily injury is not intentionally self-inflicted; or

(2) Unlawfully and intentionally killed or dies as a

result of such unlawful and intentional act or is killed

during active duty.

medical technician; a law enforcement, correctional,

or correctional probation officer; or an active duty

member of the Florida National Guard or United States

Armed Forces is accidentally killed as specified in

paragraphs (a)(1) and (b)(1), or unlawfully and inten-

tionally killed as specified in paragraphs (a)(2) and

(b)(2), the state shall waive certain educational ex-

penses that the child or spouse of the deceased first

responder or military member incurs while obtaining a

career certificate, an undergraduate education, or a

postgraduate education.

(d) An eligible first responder must have been

working for the State of Florida or any of its political

subdivisions or agencies at the time of death. An eligible

military member must have been a resident of this state

or his or her duty post must have been within this state

at the time of death.

(e) The legislature shall implement this section by

general law.

(f) This section shall take effect on July 1, 2019.

History.—Proposed by Constitution Revision Commission, Revision No. 2,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 32. Prohibition on racing of and wa-

gering on greyhounds or other dogs.—The humane

treatment of animals is a fundamental value of the

people of the State of Florida. After December 31, 2020,

a person authorized to conduct gaming or pari-mutuel

operations may not race greyhounds or any member of

the Canis Familiaris subspecies in connection with any

wager for money or any other thing of value in this state,

and persons in this state may not wager money or any

other thing of value on the outcome of a live dog race

occurring in this state. The failure to conduct greyhound

racing or wagering on greyhound racing after December

31, 2018, does not constitute grounds to revoke or deny

renewal of other related gaming licenses held by a

person who is a licensed greyhound permitholder on

January 1, 2018, and does not affect the eligibility of

such permitholder, or such permitholder’s facility, to

conduct other pari-mutuel activities authorized by gen-

eral law. By general law, the legislature shall specify civil

or criminal penalties for violations of this section and for

activities that aid or abet violations of this section.

History.—Proposed by Constitution Revision Commission, Revision No. 8,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

ARTICLE XI

AMENDMENTS

Sec.

1. Proposal by legislature.

2. Revision commission.

3. Initiative.

4. Constitutional convention.

5. Amendment or revision election.

6. Taxation and budget reform commission.

7. Tax or fee limitation.

SECTION 1. Proposal by legislature.—Amend-

ment of a section or revision of one or more articles, or

the whole, of this constitution may be proposed by joint

resolution agreed to by three-fifths of the membership of

each house of the legislature. The full text of the joint

resolution and the vote of each member voting shall be

entered on the journal of each house.

SECTION 2. Revision commission.—

(a) Within thirty days before the convening of the

2017 regular session of the legislature, and each

twentieth year thereafter, there shall be established a

constitution revision commission composed of the

following thirty-seven members:

(1) the attorney general of the state;

(2) fifteen members selected by the governor;

(3) nine members selected by the speaker of the

house of representatives and nine members selected by

the president of the senate; and

(4) three members selected by the chief justice of

the supreme court of Florida with the advice of the

justices.

(b) The governor shall designate one member of the

commission as its chair. Vacancies in the membership

of the commission shall be filled in the same manner as

the original appointments.

convene at the call of its chair, adopt its rules of

procedure, examine the constitution of the state, hold

ARTICLE X CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XI

public hearings, and, not later than one hundred eighty

days prior to the next general election, file with the

custodian of state records its proposal, if any, of a

revision of this constitution or any part of it.

History.—Am. H.J.R. 1616, 1988; adopted 1988; Am. S.J.R. 210, 1996;

adopted 1996; Ams. proposed by Constitution Revision Commission, Revision

Nos. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 3. Initiative.—The power to propose the

revision or amendment of any portion or portions of this

constitution by initiative is reserved to the people,

provided that, any such revision or amendment, except

for those limiting the power of government to raise

revenue, shall embrace but one subject and matter

directly connected therewith. It may be invoked by filing

with the custodian of state records a petition containing

a copy of the proposed revision or amendment, signed

by a number of electors in each of one half of the

congressional districts of the state, and of the state as a

whole, equal to eight percent of the votes cast in each of

such districts respectively and in the state as a whole in

the last preceding election in which presidential electors

were chosen.

History.—Am. H.J.R. 2835, 1972; adopted 1972; Am. by Initiative Petition filed

with the Secretary of State August 3, 1993; adopted 1994; Am. proposed by

Constitution Revision Commission, Revision No. 8, 1998, filed with the Secretary of

State May 5, 1998; adopted 1998.

SECTION 4. Constitutional convention.—

(a) The power to call a convention to consider a

revision of the entire constitution is reserved to the

people. It may be invoked by filing with the custodian of

state records a petition, containing a declaration that a

constitutional convention is desired, signed by a number

of electors in each of one half of the congressional

districts of the state, and of the state as a whole, equal to

fifteen per cent of the votes cast in each such district

respectively and in the state as a whole in the last

preceding election of presidential electors.

(b) At the next general election held more than

ninety days after the filing of such petition there shall be

submitted to the electors of the state the question: “Shall

a constitutional convention be held?” If a majority voting

on the question votes in the affirmative, at the next

succeeding general election there shall be elected from

each representative district a member of a constitutional

convention. On the twenty-first day following that

election, the convention shall sit at the capital, elect

officers, adopt rules of procedure, judge the election of

its membership, and fix a time and place for its future

meetings. Not later than ninety days before the next

succeeding general election, the convention shall cause

to be filed with the custodian of state records any

revision of this constitution proposed by it.

History.—Am. proposed by Constitution Revision Commission, Revision No. 8,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 5. Amendment or revision election.

(a) A proposed amendment to or revision of this

constitution, or any part of it, shall be submitted to the

electors at the next general election held more than

ninety days after the joint resolution or report of revision

commission, constitutional convention or taxation and

budget reform commission proposing it is filed with the

custodian of state records, unless, pursuant to law

enacted by the affirmative vote of three-fourths of the

membership of each house of the legislature and limited

to a single amendment or revision, it is submitted at an

earlier special election held more than ninety days after

such filing.

(b) A proposed amendment or revision of this

constitution, or any part of it, by initiative shall be

submitted to the electors at the general election

provided the initiative petition is filed with the custodian

of state records no later than February 1 of the year in

which the general election is held.

to the holding of an election pursuant to this section, for

the provision of a statement to the public regarding the

probable financial impact of any amendment proposed

by initiative pursuant to section 3.

(d) Once in the tenth week, and once in the sixth

week immediately preceding the week in which the

election is held, the proposed amendment or revision,

with notice of the date of election at which it will be

submitted to the electors, shall be published in one

newspaper of general circulation in each county in

which a newspaper is published.

(e) Unless otherwise specifically provided for else-

where in this constitution, if the proposed amendment or

revision is approved by vote of at least sixty percent of

the electors voting on the measure, it shall be effective

as an amendment to or revision of the constitution of the

state on the first Tuesday after the first Monday in

January following the election, or on such other date as

may be specified in the amendment or revision.

History.—Am. H.J.R. 1616, 1988; adopted 1988; Am. proposed by Constitution

Revision Commission, Revision No. 8, 1998, filed with the Secretary of State May 5,

1998; adopted 1998; Am. H.J.R. 571, 2001; adopted 2002; Am. S.J.R. 2394, 2004;

adopted 2004; Am. H.J.R. 1723, 2005; adopted 2006.

SECTION 6. Taxation and budget reform com-

mission.—

(a) Beginning in 2007 and each twentieth year

thereafter, there shall be established a taxation and

budget reform commission composed of the following

members:

(1) eleven members selected by the governor, none

of whom shall be a member of the legislature at the time

of appointment.

(2) seven members selected by the speaker of the

house of representatives and seven members selected

by the president of the senate, none of whom shall be a

member of the legislature at the time of appointment.

(3) four non-voting ex officio members, all of whom

shall be members of the legislature at the time of

appointment. Two of these members, one of whom shall

be a member of the minority party in the house of

representatives, shall be selected by the speaker of the

house of representatives, and two of these members,

one of whom shall be a member of the minority party in

the senate, shall be selected by the president of the

senate.

(b) Vacancies in the membership of the commission

shall be filled in the same manner as the original

appointments.

commission shall elect a member who is not a member

of the legislature to serve as chair and the commission

shall adopt its rules of procedure. Thereafter, the

ARTICLE XI CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XI

commission shall convene at the call of the chair. An

affirmative vote of two thirds of the full commission shall

be necessary for any revision of this constitution or any

part of it to be proposed by the commission.

(d) The commission shall examine the state budget-

ary process, the revenue needs and expenditure

processes of the state, the appropriateness of the tax

structure of the state, and governmental productivity

and efficiency; review policy as it relates to the ability of

state and local government to tax and adequately fund

governmental operations and capital facilities required

to meet the state’s needs during the next twenty year

period; determine methods favored by the citizens of the

state to fund the needs of the state, including alternative

methods for raising sufficient revenues for the needs of

the state; determine measures that could be instituted to

effectively gather funds from existing tax sources;

examine constitutional limitations on taxation and ex-

penditures at the state and local level; and review the

state’s comprehensive planning, budgeting and needs

assessment processes to determine whether the result-

ing information adequately supports a strategic deci-

sionmaking process.

(e) The commission shall hold public hearings as it

deems necessary to carry out its responsibilities under

this section. The commission shall issue a report of the

results of the review carried out, and propose to the

legislature any recommended statutory changes related

to the taxation or budgetary laws of the state. Not later

than one hundred eighty days prior to the general

election in the second year following the year in which

the commission is established, the commission shall file

with the custodian of state records its proposal, if any, of

a revision of this constitution or any part of it dealing with

taxation or the state budgetary process.

History.—Added, H.J.R. 1616, 1988; adopted 1988; Ams. proposed by

Constitution Revision Commission, Revision Nos. 8 and 13, 1998, filed with the

Secretary of State May 5, 1998; adopted 1998.

SECTION 7. Tax or fee limitation.—Notwithstand-

ing Article X, Section 12(d) of this constitution, no new

State tax or fee shall be imposed on or after November

8, 1994 by any amendment to this constitution unless

the proposed amendment is approved by not fewer than

two-thirds of the voters voting in the election in which

such proposed amendment is considered. For purposes

of this section, the phrase “new State tax or fee” shall

mean any tax or fee which would produce revenue

subject to lump sum or other appropriation by the

Legislature, either for the State general revenue fund

or any trust fund, which tax or fee is not in effect on

November 7, 1994 including without limitation such

taxes and fees as are the subject of proposed constitu-

tional amendments appearing on the ballot on Novem-

ber 8, 1994. This section shall apply to proposed

constitutional amendments relating to State taxes or

fees which appear on the November 8, 1994 ballot, or

later ballots, and any such proposed amendment which

fails to gain the two-thirds vote required hereby shall be

null, void and without effect.

History.—Proposed by Initiative Petition filed with the Secretary of State March

11, 1994; adopted 1996.

ARTICLE XII

SCHEDULE

Sec.

1. Constitution of 1885 superseded.

2. Property taxes; millages.

3. Officers to continue in office.

4. State commissioner of education.

5. Superintendent of schools.

6. Laws preserved.

7. Rights reserved.

8. Public debts recognized.

9. Bonds.

10. Preservation of existing government.

11. Deletion of obsolete schedule items.

12. Senators.

13. Legislative apportionment.

14. Representatives; terms.

15. Special district taxes.

16. Reorganization.

17. Conflicting provisions.

18. Bonds for housing and related facilities.

19. Renewable energy source property.

20. Access to public records.

21. State revenue limitation.

22. Historic property exemption and assessment.

23. Fish and wildlife conservation commission.

24. Executive branch reform.

25. Schedule to Article V amendment.

26. Increased homestead exemption.

27. Property tax exemptions and limitations on prop-

erty tax assessments.

28. Property tax exemption and classification and

assessment of land used for conservation

purposes.

29. Limitation on the assessed value of real property

used for residential purposes.

30. Assessment of working waterfront property.

31. Additional ad valorem tax exemption for certain

members of the armed forces deployed on

active duty outside of the United States.

32. Veterans disabled due to combat injury; home-

stead property tax discount.

33. Ad valorem tax relief for surviving spouses of

veterans who died from service-connected

causes and first responders who died in the

line of duty.

34. Solar devices or renewable energy source de-

vices; exemption from certain taxation and

assessment.

35. Tax exemption for totally and permanently dis-

abled first responders.

36. Additional ad valorem exemption for persons age

sixty-five or older.

37. Eligibility of justices and judges.

38. Prohibitions regarding lobbying for compensation

and abuse of public position by public officers

and public employees.

39. Prohibition on racing of or wagering on grey-

hounds or other dogs.

ARTICLE XI CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

Sec.

40. Transfer of the accrued benefit from specified

limitations on homestead property tax assess-

ments; increased portability period.

41. Ad valorem tax discount for surviving spouses of

certain permanently disabled veterans.

SECTION 1. Constitution of 1885 superseded.

Articles I through IV, VII, and IX through XX of the

Constitution of Florida adopted in 1885, as amended

from time to time, are superseded by this revision

except those sections expressly retained and made a

part of this revision by reference.

SECTION 2. Property taxes; millages.—Tax

millages authorized in counties, municipalities and

special districts, on the date this revision becomes

effective, may be continued until reduced by law.

SECTION 3. Officers to continue in office.—

Every person holding office when this revision becomes

effective shall continue in office for the remainder of the

term if that office is not abolished. If the office is

abolished the incumbent shall be paid adequate com-

pensation, to be fixed by law, for the loss of emoluments

for the remainder of the term.

SECTION 4. State commissioner of education.

The state superintendent of public instruction in office

on the effective date of this revision shall become and,

for the remainder of the term being served, shall be the

commissioner of education.

SECTION 5. Superintendent of schools.—

(a) On the effective date of this revision the county

superintendent of public instruction of each county shall

become and, for the remainder of the term being served,

shall be the superintendent of schools of that district.

(b) The method of selection of the county super-

intendent of public instruction of each county, as

provided by or under the Constitution of 1885, as

amended, shall apply to the selection of the district

superintendent of schools until changed as herein

provided.

SECTION 6. Laws preserved.—

(a) All laws in effect upon the adoption of this

revision, to the extent not inconsistent with it, shall

remain in force until they expire by their terms or are

repealed.

(b) All statutes which, under the Constitution of

1885, as amended, apply to the state superintendent

of public instruction and those which apply to the county

superintendent of public instruction shall under this

revision apply, respectively, to the state commissioner

of education and the district superintendent of schools.

SECTION 7. Rights reserved.—

(a) All actions, rights of action, claims, contracts and

obligations of individuals, corporations and public

bodies or agencies existing on the date this revision

becomes effective shall continue to be valid as if this

revision had not been adopted. All taxes, penalties,

fines and forfeitures owing to the state under the

Constitution of 1885, as amended, shall inure to the

state under this revision, and all sentences as punish-

ment for crime shall be executed according to their

terms.

(b) This revision shall not be retroactive so as to

create any right or liability which did not exist under the

Constitution of 1885, as amended, based upon matters

occurring prior to the adoption of this revision.

SECTION 8. Public debts recognized.—All

bonds, revenue certificates, revenue bonds and tax

anticipation certificates issued pursuant to the Consti-

tution of 1885, as amended by the state, any agency,

political subdivision or public corporation of the state

shall remain in full force and effect and shall be secured

by the same sources of revenue as before the adoption

of this revision, and, to the extent necessary to

effectuate this section, the applicable provisions of the

Constitution of 1885, as amended, are retained as a part

of this revision until payment in full of these public

securities.

SECTION 9. Bonds.—

(a) ADDITIONAL SECURITIES.

(1)

Article IX, Section 17, of the Constitution of

1885, as amended, as it existed immediately before this

Constitution, as revised in 1968, became effective, is

adopted by this reference as a part of this revision as

completely as though incorporated herein verbatim,

except revenue bonds, revenue certificates or other

evidences of indebtedness hereafter issued thereunder

may be issued by the agency of the state so authorized

by law.

(2) That portion of

Article XII, Section 9, Subsection

(a) of this Constitution, as amended, which by reference

adopted

Article XII, Section 19 of the Constitution of

1885, as amended, as the same existed immediately

before the effective date of this amendment is adopted

by this reference as part of this revision as completely

as though incorporated herein verbatim, for the purpose

of providing that after the effective date of this amend-

ment all of the proceeds of the revenues derived from

the gross receipts taxes, as therein defined, collected in

each year shall be applied as provided therein to the

extent necessary to comply with all obligations to or for

the benefit of holders of bonds or certificates issued

before the effective date of this amendment or any

refundings thereof which are secured by such gross

receipts taxes. No bonds or other obligations may be

issued pursuant to the provisions of

Article XII, Section

19, of the Constitution of 1885, as amended, but this

provision shall not be construed to prevent the refunding

of any such outstanding bonds or obligations pursuant

to the provisions of this subsection (a)(2).

Subject to the requirements of the first paragraph of

this subsection (a)(2), beginning July 1, 1975, all of the

proceeds of the revenues derived from the gross

receipts taxes collected from every person, including

municipalities, as provided and levied pursuant to the

provisions of chapter 203, Florida Statutes, as such

chapter is amended from time to time, shall, as

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

collected, be placed in a trust fund to be known as the

“public education capital outlay and debt service trust

fund” in the state treasury (hereinafter referred to as

“capital outlay fund”), and used only as provided herein.

The capital outlay fund shall be administered by the

state board of education as created and constituted by

Section 2 of Article IX of the Constitution of Florida as

revised in 1968 (hereinafter referred to as “state

board”), or by such other instrumentality of the state

which shall hereafter succeed by law to the powers,

duties and functions of the state board, including the

powers, duties and functions of the state board provided

in this subsection (a)(2). The state board shall be a body

corporate and shall have all the powers provided herein

in addition to all other constitutional and statutory

powers related to the purposes of this subsection

(a)(2) heretofore or hereafter conferred by law upon

the state board, or its predecessor created by the

Constitution of 1885, as amended.

State bonds pledging the full faith and credit of the

state may be issued, without a vote of the electors, by

the state board pursuant to law to finance or refinance

capital projects theretofore authorized by the legisla-

ture, and any purposes appurtenant or incidental there-

to, for the state system of public education provided for

in Section 1 of Article IX of this Constitution (hereinafter

referred to as “state system”), including but not limited to

institutions of higher learning, community colleges,

vocational technical schools, or public schools, as

now defined or as may hereafter be defined by law.

All such bonds shall mature not later than thirty years

after the date of issuance thereof. All other details of

such bonds shall be as provided by law or by the

proceedings authorizing such bonds; provided, how-

ever, that no bonds, except refunding bonds, shall be

issued, and no proceeds shall be expended for the cost

of any capital project, unless such project has been

authorized by the legislature.

Bonds issued pursuant to this subsection (a)(2) shall

be primarily payable from such revenues derived from

gross receipts taxes, and shall be additionally secured

by the full faith and credit of the state. No such bonds

shall ever be issued in an amount exceeding ninety

percent of the amount which the state board determines

can be serviced by the revenues derived from the gross

receipts taxes accruing thereafter under the provisions

of this subsection (a)(2), and such determination shall

be conclusive.

The moneys in the capital outlay fund in each fiscal

year shall be used only for the following purposes and in

the following order of priority:

a. For the payment of the principal of and interest

on any bonds due in such fiscal year;

b. For the deposit into any reserve funds provided

for in the proceedings authorizing the issuance of bonds

of any amounts required to be deposited in such reserve

funds in such fiscal year;

c. For direct payment of the cost or any part of the

cost of any capital project for the state system there-

tofore authorized by the legislature, or for the purchase

or redemption of outstanding bonds in accordance with

the provisions of the proceedings which authorized the

issuance of such bonds, or for the purpose of

maintaining, restoring, or repairing existing public

educational facilities.

(b) REFUNDING BONDS. Revenue bonds to fi-

nance the cost of state capital projects issued prior to

the date this revision becomes effective, including

projects of the Florida state turnpike authority or its

successor but excluding all portions of the state highway

system, may be refunded as provided by law without

vote of the electors at a lower net average interest cost

rate by the issuance of bonds maturing not later than the

obligations refunded, secured by the same revenues

only.

(1) A state tax, designated “second gas tax,” of two

cents per gallon upon gasoline and other like products

of petroleum and an equivalent tax upon other sources

of energy used to propel motor vehicles as levied by

Article IX, Section 16, of the Constitution of 1885, as

amended, is hereby continued. The proceeds of said tax

shall be placed monthly in the state roads distribution

fund in the state treasury.

(2)

Article IX, Section 16, of the Constitution of

1885, as amended, is adopted by this reference as a

part of this revision as completely as though incorpo-

rated herein verbatim for the purpose of providing that

after the effective date of this revision the proceeds of

the “second gas tax” as referred to therein shall be

allocated among the several counties in accordance

with the formula stated therein to the extent necessary

to comply with all obligations to or for the benefit of

holders of bonds, revenue certificates and tax anticipa-

tion certificates or any refundings thereof secured by

any portion of the “second gas tax.”

(3) No funds anticipated to be allocated under the

formula stated in

Article IX, Section 16, of the Con-

stitution of 1885, as amended, shall be pledged as

security for any obligation hereafter issued or entered

into, except that any outstanding obligations previously

issued pledging revenues allocated under said

Article

IX, Section 16, may be refunded at a lower average net

interest cost rate by the issuance of refunding bonds,

maturing not later than the obligations refunded, se-

cured by the same revenues and any other security

authorized in paragraph (5) of this subsection.

(4) Subject to the requirements of paragraph (2) of

this subsection and after payment of administrative

expenses, the “second gas tax” shall be allocated to the

account of each of the several counties in the amounts

to be determined as follows: There shall be an initial

allocation of one-fourth in the ratio of county area to

state area, one-fourth in the ratio of the total county

population to the total population of the state in

accordance with the latest available federal census,

and one-half in the ratio of the total “second gas tax”

collected on retail sales or use in each county to the total

collected in all counties of the state during the previous

fiscal year. If the annual debt service requirements of

any obligations issued for any county, including any

deficiencies for prior years, secured under paragraph

(2) of this subsection, exceeds the amount which would

be allocated to that county under the formula set out in

this paragraph, the amounts allocated to other counties

shall be reduced proportionately.

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

(5) Funds allocated under paragraphs (2) and (4) of

this subsection shall be administered by the state board

of administration created under Article IV, Section 4.

The board shall remit the proceeds of the “second gas

tax” in each county account for use in said county as

follows: eighty per cent to the state agency supervising

the state road system and twenty per cent to the

governing body of the county. The percentage allocated

to the county may be increased by general law. The

proceeds of the “second gas tax” subject to allocation to

the several counties under this paragraph (5) shall be

used first, for the payment of obligations pledging

revenues allocated pursuant to

Article IX, Section 16,

of the Constitution of 1885, as amended, and any

refundings thereof; second, for the payment of debt

service on bonds issued as provided by this paragraph

(5) to finance the acquisition and construction of roads

as defined by law; and third, for the acquisition and

construction of roads and for road maintenance as

authorized by law. When authorized by law, state bonds

pledging the full faith and credit of the state may be

issued without any election: (i) to refund obligations

secured by any portion of the “second gas tax” allocated

to a county under

Article IX, Section 16, of the

Constitution of 1885, as amended; (ii) to finance the

acquisition and construction of roads in a county when

approved by the governing body of the county and the

state agency supervising the state road system; and (iii)

to refund obligations secured by any portion of the

“second gas tax” allocated under paragraph 9(c)(4). No

such bonds shall be issued unless a state fiscal agency

created by law has made a determination that in no

state fiscal year will the debt service requirements of the

bonds and all other bonds secured by the pledged

portion of the “second gas tax” allocated to the county

exceed seventy-five per cent of the pledged portion of

the “second gas tax” allocated to that county for the

preceding state fiscal year, of the pledged net tolls from

existing facilities collected in the preceding state fiscal

year, and of the annual average net tolls anticipated

during the first five state fiscal years of operation of new

projects to be financed, and of any other legally

available pledged revenues collected in the preceding

state fiscal year. Bonds issued pursuant to this sub-

section shall be payable primarily from the pledged tolls,

the pledged portions of the “second gas tax” allocated to

that county, and any other pledged revenue, and shall

mature not later than forty years from the date of

issuance.

(d) SCHOOL BONDS.

(1)

Article XII, Section 9, Subsection (d) of this

constitution, as amended, (which, by reference,

adopted

Article XII, Section 18, of the Constitution of

1885, as amended) as the same existed immediately

before the effective date of this amendment is adopted

by this reference as part of this amendment as

completely as though incorporated herein verbatim,

for the purpose of providing that after the effective date

of this amendment the first proceeds of the revenues

derived from the licensing of motor vehicles as referred

to therein shall be distributed annually among the

several counties in the ratio of the number of instruction

units in each county, the same being coterminus with

the school district of each county as provided in Article

IX, Section 4, Subsection (a) of this constitution, in each

year computed as provided therein to the extent

necessary to comply with all obligations to or for the

benefit of holders of bonds or motor vehicle tax

anticipation certificates issued before the effective

date of this amendment or any refundings thereof

which are secured by any portion of such revenues

derived from the licensing of motor vehicles.

(2) No funds anticipated to be distributed annually

among the several counties under the formula stated in

Article XII, Section 9, Subsection (d) of this constitu-

tion, as amended, as the same existed immediately

before the effective date of this amendment shall be

pledged as security for any obligations hereafter issued

or entered into, except that any outstanding obligations

previously issued pledging such funds may be refunded

by the issuance of refunding bonds.

(3) Subject to the requirements of paragraph (1) of

this subsection (d) beginning July 1, 1973, the first

proceeds of the revenues derived from the licensing of

motor vehicles (hereinafter called “motor vehicle license

revenues”) to the extent necessary to comply with the

provisions of this amendment, shall, as collected, be

placed monthly in the school district and community

college district capital outlay and debt service fund in the

state treasury and used only as provided in this

amendment. Such revenue shall be distributed annually

among the several school districts and community

college districts in the ratio of the number of instruction

units in each school district or community college district

in each year computed as provided herein. The amount

of the first motor vehicle license revenues to be so set

aside in each year and distributed as provided herein

shall be an amount equal in the aggregate to the product

of six hundred dollars ($600) multiplied by the total

number of instruction units in all the school districts of

Florida for the school fiscal year 1967-68, plus an

amount equal in the aggregate to the product of eight

hundred dollars ($800) multiplied by the total number of

instruction units in all the school districts of Florida for

the school fiscal year 1972-73 and for each school fiscal

year thereafter which is in excess of the total number of

such instruction units in all the school districts of Florida

for the school fiscal year 1967-68, such excess units

being designated “growth units.” The amount of the first

motor vehicle license revenues to be so set aside in

each year and distributed as provided herein shall

additionally be an amount equal in the aggregate to

the product of four hundred dollars ($400) multiplied by

the total number of instruction units in all community

college districts of Florida. The number of instruction

units in each school district or community college district

in each year for the purposes of this amendment shall

be the greater of (1) the number of instruction units in

each school district for the school fiscal year 1967-68 or

community college district for the school fiscal year

1968-69 computed in the manner heretofore provided

by general law, or (2) the number of instruction units in

such school district, including growth units, or commu-

nity college district for the school fiscal year computed in

the manner heretofore or hereafter provided by general

law and approved by the state board of education

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

(hereinafter called the state board), or (3) the number of

instruction units in each school district, including growth

units, or community college district on behalf of which

the state board has issued bonds or motor vehicle

license revenue anticipation certificates under this

amendment which will produce sufficient revenues

under this amendment to equal one and twelve-hun-

dredths (1.12) times the aggregate amount of principal

of and interest on all bonds or motor vehicle license

revenue anticipation certificates issued under this

amendment which will mature and become due in

such year, computed in the manner heretofore or

hereafter provided by general law and approved by

the state board.

(4) Such funds so distributed shall be administered

by the state board as now created and constituted by

Section 2 of Article IX of the State Constitution as

revised in 1968, or by such other instrumentality of the

state which shall hereafter succeed by law to the

powers, duties and functions of the state board,

including the powers, duties and functions of the state

board provided in this amendment. For the purposes of

this amendment, said state board shall be a body

corporate and shall have all the powers provided in this

amendment in addition to all other constitutional and

statutory powers related to the purposes of this

amendment heretofore or hereafter conferred upon

said state board.

(5) The state board shall, in addition to its other

constitutional and statutory powers, have the manage-

ment, control and supervision of the proceeds of the first

motor vehicle license revenues provided for in this

subsection (d). The state board shall also have power,

for the purpose of obtaining funds for the use of any

school board of any school district or board of trustees

of any community college district in acquiring, building,

constructing, altering, remodeling, improving, enlarging,

furnishing, equipping, maintaining, renovating, or re-

pairing of capital outlay projects for school purposes to

issue bonds or motor vehicle license revenue anticipa-

tion certificates, and also to issue such bonds or motor

vehicle license revenue anticipation certificates to pay,

fund or refund any bonds or motor vehicle license

revenue anticipation certificates theretofore issued by

said state board. All such bonds or motor vehicle license

revenue anticipation certificates shall bear interest at

not exceeding the rate provided by general law and shall

mature not later than thirty years after the date of

issuance thereof. The state board shall have power to

determine all other details of the bonds or motor vehicle

license revenue anticipation certificates and to sell in the

manner provided by general law, or exchange the bonds

or motor vehicle license revenue anticipation certifi-

cates, upon such terms and conditions as the state

board shall provide.

(6) The state board shall also have power to pledge

for the payment of the principal of and interest on such

bonds or motor vehicle license revenue anticipation

certificates, including refunding bonds or refunding

motor vehicle license revenue anticipation certificates,

all or any part from the motor vehicle license revenues

provided for in this amendment and to enter into any

covenants and other agreements with the holders of

such bonds or motor vehicle license revenue anticipa-

tion certificates at the time of the issuance thereof

concerning the security thereof and the rights of the

holders thereof, all of which covenants and agreements

shall constitute legally binding and irrevocable contracts

with such holders and shall be fully enforceable by such

holders in any court of competent jurisdiction.

(7) No such bonds or motor vehicle license revenue

anticipation certificates shall ever be issued by the state

board, except to refund outstanding bonds or motor

vehicle license revenue anticipation certificates, until

after the adoption of a resolution requesting the

issuance thereof by the school board of the school

district or board of trustees of the community college

district on behalf of which the obligations are to be

issued. The state board of education shall limit the

amount of such bonds or motor vehicle license revenue

anticipation certificates which can be issued on behalf of

any school district or community college district to ninety

percent (90%) of the amount which it determines can be

serviced by the revenue accruing to the school district or

community college district under the provisions of this

amendment, and shall determine the reasonable allo-

cation of the interest savings from the issuance of

refunding bonds or motor vehicle license revenue

anticipation certificates, and such determinations shall

be conclusive. All such bonds or motor vehicle license

revenue anticipation certificates shall be issued in the

name of the state board of education but shall be issued

for and on behalf of the school board of the school

district or board of trustees of the community college

district requesting the issuance thereof, and no election

or approval of qualified electors shall be required for the

issuance thereof.

(8) The state board shall in each year use the funds

distributable pursuant to this amendment to the credit of

each school district or community college district only in

the following manner and in order of priority:

a. To comply with the requirements of paragraph

(1) of this subsection (d).

b. To pay all amounts of principal and interest due

in such year on any bonds or motor vehicle license

revenue anticipation certificates issued under the

authority hereof, including refunding bonds or motor

vehicle license revenue anticipation certificates, issued

on behalf of the school board of such school district or

board of trustees of such community college district;

subject, however, to any covenants or agreements

made by the state board concerning the rights between

holders of different issues of such bonds or motor

vehicle license revenue anticipation certificates, as

herein authorized.

c. To establish and maintain a sinking fund or funds

to meet future requirements for debt service or reserves

therefor, on bonds or motor vehicle license revenue

anticipation certificates issued on behalf of the school

board of such school district or board of trustees of such

community college district under the authority hereof,

whenever the state board shall deem it necessary or

advisable, and in such amounts and under such terms

and conditions as the state board shall in its discretion

determine.

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

d. To distribute annually to the several school

boards of the school districts or the boards of trustees

of the community college districts for use in payment of

debt service on bonds heretofore or hereafter issued by

any such school boards of the school districts or boards

of trustees of the community college districts where the

proceeds of the bonds were used, or are to be used, in

the acquiring, building, constructing, altering, remodel-

ing, improving, enlarging, furnishing, equipping, main-

taining, renovating, or repairing of capital outlay projects

in such school districts or community college districts

and which capital outlay projects have been approved

by the school board of the school district or board of

trustees of the community college district, pursuant to

the most recent survey or surveys conducted under

regulations prescribed by the state board to determine

the capital outlay needs of the school district or

community college district. The state board shall have

power at the time of issuance of any bonds by any

school board of any school district or board of trustees

of any community college district to covenant and agree

with such school board or board of trustees as to the

rank and priority of payments to be made for different

issues of bonds under this subparagraph d., and may

further agree that any amounts to be distributed under

this subparagraph d. may be pledged for the debt

service on bonds issued by any school board of any

school district or board of trustees of any community

college district and for the rank and priority of such

pledge. Any such covenants or agreements of the state

board may be enforced by any holders of such bonds in

any court of competent jurisdiction.

e. To pay the expenses of the state board in

administering this subsection (d), which shall be pro-

rated among the various school districts and community

college districts and paid out of the proceeds of the

bonds or motor vehicle license revenue anticipation

certificates or from the funds distributable to each

school district and community college district on the

same basis as such motor vehicle license revenues are

distributable to the various school districts and commu-

nity college districts.

f. To distribute annually to the several school

boards of the school districts or boards of trustees of

the community college districts for the payment of the

cost of acquiring, building, constructing, altering, remo-

deling, improving, enlarging, furnishing, equipping,

maintaining, renovating, or repairing of capital outlay

projects for school purposes in such school district or

community college district as shall be requested by

resolution of the school board of the school district or

board of trustees of the community college district.

g. When all major capital outlay needs of a school

district or community college district have been met as

determined by the state board, on the basis of a survey

made pursuant to regulations of the state board and

approved by the state board, all such funds remaining

shall be distributed annually and used for such school

purposes in such school district or community college

district as the school board of the school district or board

of trustees of the community college district shall

determine, or as may be provided by general law.

(9) Capital outlay projects of a school district or

community college district shall be eligible to participate

in the funds accruing under this amendment and derived

from the proceeds of bonds and motor vehicle license

revenue anticipation certificates and from the motor

vehicle license revenues, only in the order of priority of

needs, as shown by a survey or surveys conducted in

the school district or community college district under

regulations prescribed by the state board, to determine

the capital outlay needs of the school district or

community college district and approved by the state

board; provided that the priority of such projects may be

changed from time to time upon the request of the

school board of the school district or board of trustees of

the community college district and with the approval of

the state board; and provided, further, that this para-

graph (9) shall not in any manner affect any covenant,

agreement or pledge made by the state board in the

issuance by said state board of any bonds or motor

vehicle license revenue anticipation certificates, or in

connection with the issuance of any bonds of any school

board of any school district or board of trustees of any

community college district.

(10) The state board shall have power to make and

enforce all rules and regulations necessary to the full

exercise of the powers herein granted and no legislation

shall be required to render this amendment of full force

and operating effect. The legislature shall not reduce the

levies of said motor vehicle license revenues during the

life of this amendment to any degree which will fail to

provide the full amount necessary to comply with the

provisions of this amendment and pay the necessary

expenses of administering the laws relating to the

licensing of motor vehicles, and shall not enact any

law having the effect of withdrawing the proceeds of

such motor vehicle license revenues from the operation

of this amendment and shall not enact any law impairing

or materially altering the rights of the holders of any

bonds or motor vehicle license revenue anticipation

certificates issued pursuant to this amendment or

impairing or altering any covenant or agreement of

the state board, as provided in such bonds or motor

vehicle license revenue anticipation certificates.

(11) Bonds issued by the state board pursuant to this

subsection (d) shall be payable primarily from said

motor vehicle license revenues as provided herein, and

if heretofore or hereafter authorized by law, may be

additionally secured by pledging the full faith and credit

of the state without an election. When heretofore or

hereafter authorized by law, bonds issued pursuant to

Article XII, Section 18 of the Constitution of 1885, as

amended prior to 1968, and bonds issued pursuant to

Article XII, Section 9, subsection (d) of the Constitution

as revised in 1968, and bonds issued pursuant to this

subsection (d), may be refunded by the issuance of

bonds additionally secured by the full faith and credit of

the state.

(e) DEBT LIMITATION. Bonds issued pursuant to

this Section 9 of Article XII which are payable primarily

from revenues pledged pursuant to this section shall not

be included in applying the limits upon the amount of

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

state bonds contained in Section 11, Article VII, of this

revision.

History.—Am. H.J.R. 1851, 1969; adopted 1969; Am. C.S. for S.J.R. 292, 1972,

and Am. C.S. for H.J.R. 3576, 1972; adopted 1972; Am. C.S. for H.J.R.’s 2289,

2984, 1974; adopted 1974; Am. S.J.R. 824, 1980; adopted 1980; Am. S.J.R. 1157,

1984; adopted 1984; Am. proposed by Taxation and Budget Reform Commission,

Revision No. 1, 1992, filed with the Secretary of State May 7, 1992; adopted 1992;

Am. S.J.R. 2-H, 1992; adopted 1992; Am. proposed by Constitution Revision

Commission, Revision No. 8, 1998, filed with the Secretary of State May 5, 1998;

adopted 1998.

Note.—Section 17 of Art. IX of the Constitution of 1885, as amended, reads as

follows:

SECTION 17. Bonds; land acquisition for outdoor recreation development.—

The outdoor recreational development council, as created by the 1963 legislature,

may issue revenue bonds, revenue certificates or other evidences of indebtedness

to acquire lands, water areas and related resources and to construct, improve,

enlarge and extend capital improvements and facilities thereon in furtherance of

outdoor recreation, natural resources conservation and related facilities in this state;

provided, however, the legislature with respect to such revenue bonds, revenue

certificates or other evidences of indebtedness shall designate the revenue or tax

sources to be deposited in or credited to the land acquisition trust fund for their

repayment and may impose restrictions on their issuance, including the fixing of

maximum interest rates and discounts.

The land acquisition trust fund, created by the 1963 legislature for these multiple

public purposes, shall continue from the date of the adoption of this amendment for a

period of fifty years.

In the event the outdoor recreational development council shall determine to

issue bonds for financing acquisition of sites for multiple purposes the state board of

administration shall act as fiscal agent, and the attorney general shall handle the

validation proceedings.

All bonds issued under this amendment shall be sold at public sale after public

advertisement upon such terms and conditions as the outdoor recreational

development council shall provide and as otherwise provided by law and subject

to the limitations herein imposed.

History.—S.J.R. 727, 1963; adopted 1963.

Note.—Prior to its amendment by C.S. for H.J.R.’s 2289, 2984, 1974, subsection

(a) read as follows:

(a) ADDITIONAL SECURITIES. Article IX, Section 17, of the Constitution of

1885, as amended, as it existed immediately before this Constitution, as revised in

1968, became effective, is adopted by this reference as a part of this revision as

completely as though incorporated herein verbatim, except revenue bonds, revenue

certificates or other evidences of indebtedness hereafter issued thereunder may be

issued by the agency of the state so authorized by law.

Article XII, Section 19, of the Constitution of 1885, as amended, as it existed

immediately before this revision becomes effective, is adopted by this reference as a

part of this revision as completely as though incorporated herein verbatim, except

bonds or tax anticipation certificates hereafter issued thereunder may bear interest

not in excess of five percent (5%) per annum or such higher interest as may be

authorized by statute passed by a three-fifths (

) vote of each house of the

legislature. No revenue bonds or tax anticipation certificates shall be issued

pursuant thereto after June 30, 1975.

Note.—Section 19 of Art. XII of the Constitution of 1885, as amended, reads as

follows:

SECTION 19. Institutions of higher learning and junior college capital outlay

trust fund bonds.—(a) That beginning January 1, 1964, and for fifty years

thereafter, all of the proceeds of the revenues derived from the gross receipts

taxes collected from every person, including municipalities, receiving payment for

electricity for light, heat or power, for natural or manufactured gas for light, heat or

power, for use of telephones and for the sending of telegrams and telegraph

messages, as now provided and levied as of the time of adoption of this amendment

in Chapter 203, Florida Statutes (hereinafter called “Gross Receipts Taxes”), shall,

as collected be placed in a trust fund to be known as the “Institutions of Higher

Learning and Junior Colleges Capital Outlay and Debt Service Trust Fund” in the

State Treasury (hereinafter referred to as “Capital Outlay Fund”), and used only as

provided in this Amendment.

Said fund shall be administered by the State Board of Education, as now created

and constituted by Section 3 of Article XII [now s. 2, Article IX] of the Constitution of

Florida (hereinafter referred to as “State Board”). For the purpose of this

Amendment, said State Board, as now constituted, shall continue as a body

corporate during the life of this Amendment and shall have all the powers provided in

this Amendment in addition to all other constitutional and statutory powers related to

the purposes of this Amendment heretofore or hereafter conferred by law upon said

State Board.

(b) The State Board shall have power, for the purpose of obtaining funds for

acquiring, building, constructing, altering, improving, enlarging, furnishing or

equipping capital outlay projects theretofore authorized by the legislature and any

purposes appurtenant or incidental thereto, for Institutions of Higher Learning or

Junior Colleges, as now defined or as may be hereafter defined by law, and for the

purpose of constructing buildings and other permanent facilities for vocational

technical schools as provided in chapter 230 Florida Statutes, to issue bonds or

certificates, including refunding bonds or certificates to fund or refund any bonds or

certificates theretofore issued. All such bonds or certificates shall bear interest at not

exceeding four and one-half per centum per annum, and shall mature at such time or

times as the State Board shall determine not exceeding, in any event, however,

thirty years from the date of issuance thereof. The State Board shall have power to

determine all other details of such bonds or certificates and to sell at public sale,

after public advertisement, such bonds or certificates, provided, however, that no

bonds or certificates shall ever be issued hereunder to finance, or the proceeds

thereof expended for, any part of the cost of any capital outlay project unless the

construction or acquisition of such capital outlay project has been theretofore

authorized by the Legislature of Florida. None of said bonds or certificates shall be

sold at less than ninety-eight per centum of the par value thereof, plus accrued

interest, and said bonds or certificates shall be awarded at the public sale thereof to

the bidder offering the lowest net interest cost for such bonds or certificates in the

manner to be determined by the State Board.

The State Board shall also have power to pledge for the payment of the principal

of and interest on such bonds or certificates, and reserves therefor, including

refunding bonds or certificates, all or any part of the revenue to be derived from the

said Gross Receipts Taxes provided for in this Amendment, and to enter into any

covenants and other agreements with the holders of such bonds or certificates

concerning the security thereof and the rights of the holders thereof, all of which

covenants and agreements shall constitute legally binding and irrevocable contracts

with such holders and shall be fully enforceable by such holders in any court of

competent jurisdiction.

No such bonds or certificates shall ever be issued by the State Board in an

amount exceeding seventy-five per centum of the amount which it determines,

based upon the average annual amount of the revenues derived from said Gross

Receipts Taxes during the immediately preceding two fiscal years, or the amount of

the revenues derived from said Gross Receipts Taxes during the immediately

preceding fiscal year, as shown in a certificate filed by the State Comptroller with the

State Board prior to the issuance of such bonds or certificates, whichever is the

lesser, can be serviced by the revenues accruing thereafter under the provisions of

this Amendment; nor shall the State Board, during the first year following the

ratification of this amendment, issue bonds or certificates in excess of seven times

the anticipated revenue from said Gross Receipts Taxes during said year, nor during

each succeeding year, more than four times the anticipated revenue from said

Gross Receipts Taxes during such year. No election or approval of qualified electors

or freeholder electors shall be required for the issuance of bonds or certificates

hereunder.

After the initial issuance of any bonds or certificates pursuant to this Amendment,

the State Board may thereafter issue additional bonds or certificates which will rank

equally and on a parity, as to lien on and source of security for payment from said

Gross Receipts Taxes, with any bonds or certificates theretofore issued pursuant to

this Amendment, but such additional parity bonds or certificates shall not be issued

unless the average annual amount of the revenues derived from said Gross

Receipts Taxes during the immediately preceding two fiscal years, or the amount of

the revenues derived from said Gross Receipts Taxes during the immediately

preceding fiscal year, as shown in a certificate filed by the State Comptroller with the

State Board prior to the issuance of such bonds or certificates, whichever is the

lesser, shall have been equal to one and one-third times the aggregate amount of

principal and interest which will become due in any succeeding fiscal year on all

bonds or certificates theretofore issued pursuant to this Amendment and then

outstanding, and the additional parity bonds or certificates then proposed to be

issued. No bonds, certificates or other obligations whatsoever shall at any time be

issued under the provisions of this Amendment, except such bonds or certificates

initially issued hereunder, and such additional parity bonds or certificates as

provided in this paragraph. Notwithstanding any other provision herein no such

bonds or certificates shall be authorized or validated during any biennium in excess

of fifty million dollars, except by two-thirds vote of the members elected to each

house of the legislature; provided further that during the biennium 1963-1965

seventy-five million dollars may be authorized and validated pursuant hereto.

Institution of Higher Learning or Junior College shall be eligible to participate in the

funds accruing under this Amendment derived from the proceeds of bonds or

certificates and said Gross Receipts Taxes under such regulations and in such

manner as shall be determined by the State Board, and the State Board shall use or

transmit to the State Board of Control or to the Board of Public Instruction of any

County authorized by law to construct or acquire such capital outlay projects, the

amount of the proceeds of such bonds or certificates or Gross Receipts Taxes to be

applied to or used for such capital outlay projects. If for any reason any of the

proceeds of any bonds or certificates issued for any capital outlay project shall not

be expended for such capital outlay project, the State Board may use such

unexpended proceeds for any other capital outlay project for Institutions of Higher

Learning or Junior Colleges and vocational technical schools, as defined herein, as

now defined or as may be hereafter defined by law, theretofore authorized by the

State Legislature. The holders of bonds or certificates issued hereunder shall not

have any responsibility whatsoever for the application or use of any of the proceeds

derived from the sale of said bonds or certificates, and the rights and remedies of the

holders of such bonds or certificates and their right to payment from said Gross

Receipts Taxes in the manner provided herein shall not be affected or impaired by

the application or use of such proceeds.

The State Board shall use the moneys in said Capital Outlay Fund in each fiscal

year only for the following purposes and in the following order of priority:

(1) For the payment of the principal of and interest on any bonds or certificates

maturing in such fiscal year.

(2) For the deposit into any reserve funds provided for in the proceedings

authorizing the issuance of said bonds or certificates, of any amounts required to be

deposited in such reserve funds in such fiscal year.

(3) After all payments required in such fiscal year for the purposes provided for

in (1) and (2) above, including any deficiencies for required payments in prior fiscal

years, any moneys remaining in said Capital Outlay Fund at the end of such fiscal

year may be used by the State Board for direct payment of the cost or any part of the

cost of any capital outlay project theretofore authorized by the legislature or for the

purchase of any bonds or certificates issued hereunder then outstanding upon such

terms and conditions as the State Board shall deem proper, or for the prior

redemption of outstanding bonds or certificates in accordance with the provisions of

the proceedings which authorized the issuance of such bonds or certificates.

The State Board may invest the moneys in said Capital Outlay Fund or in any

sinking fund or other funds created for any issue of bonds or certificates, in direct

obligations of the United States of America or in the other securities referred to in

Section 344.27, Florida Statutes.

(d) The State Board shall have the power to make and enforce all rules and

regulations necessary to the full exercise of the powers herein granted and no

legislation shall be required to render this Amendment of full force and operating

effect on and after January 1, 1964. The Legislature, during the period this

Amendment is in effect, shall not reduce the rate of said Gross Receipts Taxes now

provided in said Chapter 203, Florida Statutes, or eliminate, exempt or remove any

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

of the persons, firms or corporations, including municipal corporations, or any of the

utilities, businesses or services now or hereafter subject to said Gross Receipts

Taxes, from the levy and collection of said Gross Receipts Taxes as now provided in

said Chapter 203, Florida Statutes, and shall not enact any law impairing or

materially altering the rights of the holders of any bonds or certificates issued

pursuant to this Amendment or impairing or altering any covenants or agreements of

the State Board made hereunder, or having the effect of withdrawing the proceeds of

said Gross Receipts Taxes from the operation of this Amendment.

The State Board of Administration shall be and is hereby constituted as the

Fiscal Agent of the State Board to perform such duties and assume such

responsibilities under this Amendment as shall be agreed upon between the

State Board and such State Board of Administration. The State Board shall also

have power to appoint such other persons and fix their compensation for the

administration of the provisions of this Amendment as it shall deem necessary, and

the expenses of the State Board in administering the provisions of this Amendment

shall be paid out of the proceeds of bonds or certificates issued hereunder or from

said Gross Receipts Taxes deposited in said Capital Outlay Fund.

(e) No capital outlay project or any part thereof shall be financed hereunder

unless the bill authorizing such project shall specify it is financed hereunder and

shall be approved by a vote of three-fifths of the elected members of each house.

History.—S.J.R. 264, 1963; adopted 1963.

Note.—Section 16 of Art. IX of the Constitution of 1885, as amended, reads as

follows:

SECTION 16. Board of administration; gasoline and like taxes, distribution and

use; etc.—(a) That beginning January 1st, 1943, and for fifty (50) years thereafter,

the proceeds of two (2¢) cents per gallon of the total tax levied by state law upon

gasoline and other like products of petroleum, now known as the Second Gas Tax,

and upon other fuels used to propel motor vehicles, shall as collected be placed

monthly in the ‘State Roads Distribution Fund’ in the State Treasury and divided into

three (3) equal parts which shall be distributed monthly among the several counties

as follows: one part according to area, one part according to population, and one

part according to the counties’ contributions to the cost of state road construction in

the ratio of distribution as provided in Chapter 15659, Laws of Florida, Acts of 1931,

and for the purposes of the apportionment based on the counties’ contributions for

the cost of state road construction, the amount of the contributions established by

the certificates made in 1931 pursuant to said Chapter 15659, shall be taken and

deemed conclusive in computing the monthly amounts distributable according to

said contributions. Such funds so distributed shall be administered by the State

Board of Administration as hereinafter provided.

(b) The Governor as chairman, the State Treasurer, and the State Comptroller

shall constitute a body corporate to be known as the ‘State Board of Administration,’

which board shall succeed to all the power, control and authority of the statutory

Board of Administration. Said Board shall have, in addition to such powers as may

be conferred upon it by law, the management, control and supervision of the

proceeds of said two (2¢) cents of said taxes and all moneys and other assets which

on the effective date of this amendment are applicable or may become applicable to

the bonds of the several counties of this state, or any special road and bridge district,

or other special taxing district thereof, issued prior to July 1st, 1931, for road and

bridge purposes. The word ‘bonds’ as used herein shall include bonds, time

warrants, notes and other forms of indebtedness issued for road and bridge

purposes by any county or special road and bridge district or other special taxing

district, outstanding on July 1st, 1931, or any refunding issues thereof. Said Board

shall have the statutory powers of Boards of County Commissioners and Bond

Trustees and of any other authority of special road and bridge districts, and other

special taxing districts thereof with regard to said bonds, (except that the power to

levy ad valorem taxes is expressly withheld from said Board), and shall take over all

papers, documents and records concerning the same. Said Board shall have the

power from time to time to issue refunding bonds to mature within the said fifty (50)

year period, for any of said outstanding bonds or interest thereon, and to secure

them by a pledge of anticipated receipts from such gasoline or other fuel taxes to be

distributed to such county as herein provided, but not at a greater rate of interest

than said bonds now bear; and to issue, sell or exchange on behalf of any county or

unit for the sole purpose of retiring said bonds issued by such county, or special road

and bridge district, or other special taxing district thereof, gasoline or other fuel tax

anticipation certificates bearing interest at not more than three (3) per cent per

annum in such denominations and maturing at such time within the fifty (50) year

period as the board may determine. In addition to exercising the powers now

provided by statute for the investment of sinking funds, said Board may use the

sinking funds created for said bonds of any county or special road and bridge district,

or other unit hereunder, to purchase the matured or maturing bonds participating

herein of any other county or any other special road and bridge district, or other

special taxing district thereof, provided that as to said matured bonds, the value

thereof as an investment shall be the price paid therefor, which shall not exceed the

par value plus accrued interest, and that said investment shall bear interest at the

rate of three (3) per cent per annum.

pay current principal and interest maturing, if any, of said bonds and gasoline or

other fuel tax anticipation certificates of such county or special road and bridge

district, or other special taxing district thereof; second, to establish a sinking fund

account to meet future requirements of said bonds and gasoline or other fuel tax

anticipation certificates where it appears the anticipated income for any year or

years will not equal scheduled payments thereon; and third, any remaining balance

out of the proceeds of said two (2¢) cents of said taxes shall monthly during the year

be remitted by said board as follows: Eighty (80%) per cent to the State Road

Department for the construction or reconstruction of state roads and bridges within

the county, or for the lease or purchase of bridges connecting state highways within

the county, and twenty (20%) per cent to the Board of County Commissioners of

such county for use on roads and bridges therein.

(d) Said board shall have the power to make and enforce all rules and

regulations necessary to the full exercise of the powers hereby granted and no

legislation shall be required to render this amendment of full force and operating

effect from and after January 1st, 1943. The Legislature shall continue the levies of

said taxes during the life of this Amendment, and shall not enact any law having the

effect of withdrawing the proceeds of said two (2¢) cents of said taxes from the

operation of this amendment. The board shall pay refunding expenses and other

expenses for services rendered specifically for, or which are properly chargeable to,

the account of any county from funds distributed to such county; but general

expenses of the board for services rendered all the counties alike shall be prorated

among them and paid out of said funds on the same basis said tax proceeds are

distributed among the several counties; provided, report of said expenses shall be

made to each Regular Session of the Legislature, and the Legislature may limit the

expenses of the board.

History.—Added, S.J.R. 324, 1941; adopted 1942.

Note.—Prior to its amendment by C.S. for H.J.R. 3576, 1972, subsection (d)

read as follows:

(d) SCHOOL BONDS. Article XII, Section 18, of the Constitution of 1885, as

amended, as it existed immediately before this revision becomes effective is

adopted by this reference as part of this revision as completely as though

incorporated herein verbatim, except bonds or tax anticipation certificates hereafter

issued thereunder may bear interest not in excess of five per cent per annum or such

higher interest as may be authorized by statute passed by a three-fifths vote of each

house of the legislature. Bonds issued pursuant to this subsection (d) shall be

payable primarily from revenues as provided in Article XII, Section 18, of the

Constitution of 1885, as amended, and if authorized by law, may be additionally

secured by pledging the full faith and credit of the state without an election. When

authorized by law, bonds issued pursuant to Article XII, Section 18, of the

Constitution of 1885, as amended, and bonds issued pursuant to this subsection

(d), may be refunded by the issuance of bonds additionally secured by the full faith

and credit of the state only at a lower net average interest cost rate.

Note.—Section 18, Art. XII of the Constitution of 1885, as amended, reads as

follows:

SECTION 18. School bonds for capital outlay, issuance.—

(a) Beginning January 1, 1965 and for thirty-five years thereafter, the first

proceeds of the revenues derived from the licensing of motor vehicles to the extent

necessary to comply with the provisions of this amendment, shall, as collected, be

placed monthly in the county capital outlay and debt service school fund in the state

treasury, and used only as provided in this amendment. Such revenue shall be

distributed annually among the several counties in the ratio of the number of

instruction units in each county in each year computed as provided herein. The

amount of the first revenues derived from the licensing of motor vehicles to be so set

aside in each year and distributed as provided herein shall be an amount equal in the

aggregate to the product of four hundred dollars multiplied by the total number of

instruction units in all the counties of Florida. The number of instruction units in each

county in each year for the purposes of this amendment shall be the greater of (1)

the number of instruction units in each county for the school fiscal year 1951-52

computed in the manner heretofore provided by general law, or (2) the number of

instruction units in such county for the school fiscal year computed in the manner

heretofore or hereafter provided by general law and approved by the state board of

education (hereinafter called the state board), or (3) the number of instruction units

in each county on behalf of which the state board of education has issued bonds or

motor vehicle tax anticipation certificates under this amendment which will produce

sufficient revenues under this amendment to equal one and one-third times the

aggregate amount of principal of and interest on such bonds or motor vehicle tax

anticipation certificates which will mature and become due in such year, computed in

the manner heretofore or hereafter provided by general law and approved by the

state board.

Such funds so distributed shall be administered by the state board as now

created and constituted by Section 3 of Article XII [now s. 2, Article IX] of the

Constitution of Florida. For the purposes of this amendment, said state board, as

now constituted, shall continue as a body corporate during the life of this amendment

and shall have all the powers provided in this amendment in addition to all other

constitutional and statutory powers related to the purposes of this amendment

heretofore or hereafter conferred upon said board.

(b) The state board shall, in addition to its other constitutional and statutory

powers, have the management, control and supervision of the proceeds of the first

part of the revenues derived from the licensing of motor vehicles provided for in

subsection (a). The state board shall also have power, for the purpose of obtaining

funds for the use of any county board of public instruction in acquiring, building,

constructing, altering, improving, enlarging, furnishing, or equipping capital outlay

projects for school purposes, to issue bonds or motor vehicle tax anticipation

certificates, and also to issue such bonds or motor vehicle tax anticipation

certificates to pay, fund or refund any bonds or motor vehicle tax anticipation

certificates theretofore issued by said state board. All such bonds shall bear interest

at not exceeding four and one-half per centum per annum and shall mature serially

in annual installments commencing not more than three years from the date of

issuance thereof and ending not later than thirty years from the date of issuance or

January 1, 2000, A.D., whichever is earlier. All such motor vehicle tax anticipation

certificates shall bear interest at not exceeding four and one-half per centum per

annum and shall mature prior to January 1, 2000, A.D. The state board shall have

power to determine all other details of said bonds or motor vehicle tax anticipation

certificates and to sell at public sale after public advertisement, or exchange said

bonds or motor vehicle tax anticipation certificates, upon such terms and conditions

as the state board shall provide.

The state board shall also have power to pledge for the payment of the principal

of and interest on such bonds or motor vehicle tax anticipation certificates, including

refunding bonds or refunding motor vehicle tax anticipation certificates, all or any

part from the anticipated revenues to be derived from the licensing of motor vehicles

provided for in this amendment and to enter into any covenants and other

agreements with the holders of such bonds or motor vehicle tax anticipation

certificates at the time of the issuance thereof concerning the security thereof and

the rights of the holders thereof, all of which covenants and agreements shall

constitute legally binding and irrevocable contracts with such holders and shall be

fully enforceable by such holders in any court of competent jurisdiction.

No such bonds or motor vehicle tax anticipation certificates shall ever be issued

by the state board until after the adoption of a resolution requesting the issuance

thereof by the county board of public instruction of the county on behalf of which

such obligations are to be issued. The state board of education shall limit the amount

of such bonds or motor vehicle tax anticipation certificates which can be issued on

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

behalf of any county to seventy-five per cent of the amount which it determines can

be serviced by the revenue accruing to the county under the provisions of this

amendment, and such determination shall be conclusive. All such bonds or motor

vehicle tax anticipation certificates shall be issued in the name of the state board of

education but shall be issued for and on behalf of the county board of public

instruction requesting the issuance thereof, and no election or approval of qualified

electors or freeholders shall be required for the issuance thereof.

this Amendment to the credit of each county only in the following manner and order

of priority:

(1) To pay all amounts of principal and interest maturing in such year on any

bonds or motor vehicle tax anticipation certificates issued under the authority hereof,

including refunding bonds or motor vehicle tax anticipation certificates, issued on

behalf of the Board of Public Instruction of such county; subject, however, to any

covenants or agreements made by the State Board concerning the rights between

holders of different issues of such bonds or motor vehicle tax anticipation

certificates, as herein authorized.

(2) To establish and maintain a sinking fund or funds to meet future

requirements for debt service, or reserves therefor, on bonds or motor vehicle

tax anticipation certificates issued on behalf of the Board of Public Instruction of

such county, under the authority hereof, whenever the State Board shall deem it

necessary or advisable, and in such amounts and under such terms and conditions

as the State Board shall in its discretion determine.

(3) To distribute annually to the several Boards of Public Instruction of the

counties for use in payment of debt service on bonds heretofore or hereafter issued

by any such Board where the proceeds of the bonds were used, or are to be used, in

the construction, acquisition, improvement, enlargement, furnishing, or equipping of

capital outlay projects in such county, and which capital outlay projects have been

approved by the Board of Public Instruction of the county, pursuant to a survey or

surveys conducted subsequent to July 1, 1947 in the county, under regulations

prescribed by the State Board to determine the capital outlay needs of the county.

The State Board shall have power at the time of issuance of any bonds by any

Board of Public Instruction to covenant and agree with such Board as to the rank and

priority of payments to be made for different issues of bonds under this Subsection

(3), and may further agree that any amounts to be distributed under this Subsection

(3) may be pledged for the debt service on bonds issued by any Board of Public

Instruction and for the rank and priority of such pledge. Any such covenants or

agreements of the State Board may be enforced by any holders of such bonds in any

court of competent jurisdiction.

(4) To distribute annually to the several Boards of Public Instruction of the

counties for the payment of the cost of the construction, acquisition, improvement,

enlargement, furnishing, or equipping of capital outlay projects for school purposes

in such county as shall be requested by resolution of the County Board of Public

Instruction of such county.

(5) When all major capital outlay needs of a county have been met as

determined by the State Board, on the basis of a survey made pursuant to

regulations of the State Board and approved by the State Board, all such funds

remaining shall be distributed annually and used for such school purposes in such

county as the Board of Public Instruction of the county shall determine, or as may be

provided by general law.

(d) Capital outlay projects of a county shall be eligible to participate in the funds

accruing under this Amendment and derived from the proceeds of bonds and motor

vehicle tax anticipation certificates and from the motor vehicle license taxes, only in

the order of priority of needs, as shown by a survey or surveys conducted in the

county under regulations prescribed by the State Board, to determine the capital

outlay needs of the county and approved by the State Board; provided, that the

priority of such projects may be changed from time to time upon the request of the

Board of Public Instruction of the county and with the approval of the State Board;

and provided further, that this Subsection (d) shall not in any manner affect any

covenant, agreement, or pledge made by the State Board in the issuance by said

State Board of any bonds or motor vehicle tax anticipation certificates, or in

connection with the issuance of any bonds of any Board of Public Instruction of any

county.

(e) The State Board may invest any sinking fund or funds created pursuant to

this Amendment in direct obligations of the United States of America or in the bonds

or motor vehicle tax anticipation certificates, matured or to mature, issued by the

State Board on behalf of the Board of Public Instruction of any county.

(f) The State Board shall have power to make and enforce all rules and

regulations necessary to the full exercise of the powers herein granted and no

legislation shall be required to render this Amendment of full force and operating

effect from and after January 1, 1953. The Legislature shall not reduce the levies of

said motor vehicle license taxes during the life of this Amendment to any degree

which will fail to provide the full amount necessary to comply with the provisions of

this Amendment and pay the necessary expenses of administering the laws relating

to the licensing of motor vehicles, and shall not enact any law having the effect of

withdrawing the proceeds of such motor vehicle license taxes from the operation of

this Amendment and shall not enact any law impairing or materially altering the

rights of the holders of any bonds or motor vehicle tax anticipation certificates issued

pursuant to this Amendment or impairing or altering any covenant or agreement of

the State Board, as provided in such bonds or motor vehicle tax anticipation

certificates.

The State Board shall have power to appoint such persons and fix their

compensation for the administration of the provisions of this Amendment as it shall

deem necessary, and the expenses of the State Board in administering the

provisions of this Amendment shall be prorated among the various counties and

paid out of the proceeds of the bonds or motor vehicle tax anticipation certificates or

from the funds distributable to each county on the same basis as such motor vehicle

license taxes are distributable to the various counties under the provisions of this

Amendment. Interest or profit on sinking fund investments shall accrue to the

counties in proportion to their respective equities in the sinking fund or funds.

History.—Added, S.J.R. 106, 1951; adopted 1952; (a), (b) Am. S.J.R. 218,

1963; adopted 1964.

SECTION 10. Preservation of existing govern-

ment.—All provisions of Articles I through IV, VII and IX

through XX of the Constitution of 1885, as amended, not

embraced herein which are not inconsistent with this

revision shall become statutes subject to modification or

repeal as are other statutes.

Note.—See table in Volume 6 of the Florida Statutes tracing various provisions

of the Constitution of 1885, as amended, into the Florida Statutes.

SECTION 11. Deletion of obsolete schedule

items.—The legislature shall have power, by joint

resolution, to delete from this revision any section of

this Article XII, including this section, when all events to

which the section to be deleted is or could become

applicable have occurred. A legislative determination of

fact made as a basis for application of this section shall

be subject to judicial review.

SECTION 12. Senators.—The requirements of

staggered terms of senators in Section 15(a), of Article

III of this revision shall apply only to senators elected in

November, 1972, and thereafter.

SECTION 13. Legislative apportionment.—The

requirements of legislative apportionment in Section

16 of Article III of this revision shall apply only to the

apportionment of the legislature following the decennial

census of 1970, and thereafter.

SECTION 14. Representatives; terms.—The leg-

islature at its first regular session following the ratifica-

tion of this revision, by joint resolution, shall propose to

the electors of the state for ratification or rejection in the

general election of 1970 an amendment to Article III,

Section 15(b), of the constitution providing staggered

terms of four years for members of the house of

representatives.

SECTION 15. Special district taxes.—Ad valorem

taxing power vested by law in special districts existing

when this revision becomes effective shall not be

abrogated by Section 9(b) of Article VII herein, but

such powers, except to the extent necessary to pay

outstanding debts, may be restricted or withdrawn by

law.

SECTION 16. Reorganization.—The requirement

of Section 6, Article IV of this revision shall not apply

until July 1, 1969.

SECTION 17. Conflicting provisions.—This

schedule is designed to effect the orderly transition of

government from the Constitution of 1885, as amended,

to this revision and shall control in all cases of conflict

with any part of Article I through IV, VII, and IX through

XI herein.

SECTION 18. Bonds for housing and related

facilities.—Section 16 of Article VII, providing for

bonds for housing and related facilities, shall take effect

upon approval by the electors.

History.—Added, S.J.R. 6-E, 1980; adopted 1980.

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

SECTION 19. Renewable energy source prop-

erty.—The amendment to Section 3 of Article VII,

relating to an exemption for a renewable energy source

device and real property on which such device is

installed, if adopted at the special election in October

1980, shall take effect January 1, 1981.

History.—Added, S.J.R. 15-E, 1980; adopted 1980.

Note.—

A. This section, originally designated section 18 by S.J.R. 15-E, 1980, was

redesignated section 19 by the editors in order to avoid confusion with section 18 as

contained in S.J.R. 6-E, 1980.

B. The amendment to section 3 of Article VII, relating to an exemption for

renewable energy source property, was repealed effective November 4, 2008, by

Am. proposed by the Taxation and Budget Reform Commission, Revision No. 3,

2008, filed with the Secretary of State April 28, 2008; adopted 2008.

SECTION 20. Access to public records.—Sec-

tion 24 of Article I, relating to access to public records,

shall take effect July 1, 1993.

History.—Added, C.S. for C.S. for H.J.R.’s 1727, 863, 2035, 1992; adopted

1992.

SECTION 21. State revenue limitation.—The

amendment to Section 1 of Article VII limiting state

revenues shall take effect January 1, 1995, and shall

first be applicable to state fiscal year 1995-1996.

History.—Added, H.J.R. 2053, 1994; adopted 1994.

SECTION 22. Historic property exemption and

assessment.—The amendments to Sections 3 and 4 of

Article VII relating to ad valorem tax exemption for, and

assessment of, historic property shall take effect

January 1, 1999.

History.—Added, H.J.R. 969, 1997; adopted 1998.

SECTION 23. Fish and wildlife conservation

commission.—

(a) The initial members of the commission shall be

the members of the game and fresh water fish

commission and the marine fisheries commission who

are serving on those commissions on the effective date

of this amendment, who may serve the remainder of

their respective terms. New appointments to the com-

mission shall not be made until the retirement, resigna-

tion, removal, or expiration of the terms of the initial

members results in fewer than seven members remain-

ing.

(b) The jurisdiction of the marine fisheries commis-

sion as set forth in statutes in effect on March 1, 1998,

shall be transferred to the fish and wildlife conservation

commission. The jurisdiction of the marine fisheries

commission transferred to the commission shall not be

expanded except as provided by general law. All rules of

the marine fisheries commission and game and fresh

water fish commission in effect on the effective date of

this amendment shall become rules of the fish and

wildlife conservation commission until superseded or

amended by the commission.

marine fisheries commission and game and fresh water

fish commission shall be abolished.

(d) This amendment shall take effect July 1, 1999.

History.—Proposed by Constitution Revision Commission, Revision No. 5,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

Note.—This section, originally designated section 22 by Revision No. 5 of the

Constitution Revision Commission, 1998, was redesignated section 23 by the

editors in order to avoid confusion with section 22 as created in H.J.R. 969, 1997.

SECTION 24. Executive branch reform.—

(a) The amendments contained in this revision shall

take effect January 7, 2003, but shall govern with

respect to the qualifying for and the holding of primary

elections in 2002. The office of chief financial officer

shall be a new office as a result of this revision.

(b) In the event the secretary of state is removed as

a cabinet office in the 1998 general election, the term

“custodian of state records” shall be substituted for the

term “secretary of state” throughout the constitution and

the duties previously performed by the secretary of state

shall be as provided by law.

History.—Proposed by Constitution Revision Commission, Revision No. 8,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

Note.—This section, originally designated section 22 by Revision No. 8 of the

Constitution Revision Commission, 1998, was redesignated section 24 by the

editors in order to avoid confusion with section 22 as created in H.J.R. 969, 1997.

SECTION 25. Schedule to Article V amendment.

(a) Commencing with fiscal year 2000-2001, the

legislature shall appropriate funds to pay for the

salaries, costs, and expenses set forth in the amend-

ment to Section 14 of Article V pursuant to a phase-in

schedule established by general law.

(b) Unless otherwise provided herein, the amend-

ment to Section 14 shall be fully effectuated by July 1,

2004.

History.—Proposed by Constitution Revision Commission, Revision No. 7,

1998, filed with the Secretary of State May 5, 1998; adopted 1998.

Note.—This section, originally designated section 22 by Revision No. 7 of the

Constitution Revision Commission, 1998, was redesignated section 25 by the

editors in order to avoid confusion with section 22 as created in H.J.R. 969, 1997.

SECTION 26. Increased homestead exemption.

The amendment to Section 6 of Article VII increasing the

maximum additional amount of the homestead exemp-

tion for low-income seniors shall take effect January 1,

2007.

History.—Added, H.J.R. 353, 2006; adopted 2006.

SECTION 27. Property tax exemptions and lim-

itations on property tax assessments.—

(a) The amendments to Sections 3, 4, and 6 of

Article VII, providing a $25,000 exemption for tangible

personal property, providing an additional $25,000

homestead exemption, authorizing transfer of the

accrued benefit from the limitations on the assessment

of homestead property, and this section, if submitted to

the electors of this state for approval or rejection at a

special election authorized by law to be held on January

29, 2008, shall take effect upon approval by the electors

and shall operate retroactively to January 1, 2008, or, if

submitted to the electors of this state for approval or

rejection at the next general election, shall take effect

January 1 of the year following such general election.

The amendments to Section 4 of Article VII creating

subsections (g) and (h) of that section, creating a

limitation on annual assessment increases for specified

real property, shall take effect upon approval of the

electors and shall first limit assessments beginning

January 1, 2009, if approved at a special election held

on January 29, 2008, or shall first limit assessments

beginning January 1, 2010, if approved at the general

election held in November of 2008.

(b) The amendment to subsection (a) abrogating the

scheduled repeal of subsections (g) and (h) of Section 4

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

of Article VII of the State Constitution as it existed in

2017, shall take effect January 1, 2019.

History.—Added, C.S. for S.J.R. 2-D, 2007; adopted 2008; Am., C.S. for H.J.R.

21, 2017; adopted 2018.

SECTION 28. Property tax exemption and clas-

sification and assessment of land used for con-

servation purposes.—The amendment to Section 3 of

Article VII requiring the creation of an ad valorem tax

exemption for real property dedicated in perpetuity for

conservation purposes, and the amendment to Section

4 of Article VII requiring land used for conservation

purposes to be classified by general law and assessed

solely on the basis of character or use for purposes of ad

valorem taxation, shall take effect upon approval by the

electors and shall be implemented by January 1, 2010.

This section shall take effect upon approval of the

electors.

History.—Proposed by Taxation and Budget Reform Commission, Revision No.

4, 2008, filed with the Secretary of State April 28, 2008; adopted 2008.

SECTION 29. Limitation on the assessed value

of real property used for residential purposes.—

(a) The repeal of the renewable energy source

property tax exemption in Section 3 of Article VII shall

take effect upon approval by the voters.

(b) The amendment to Section 4 of Article VII

authorizing the legislature to prohibit an increase in

the assessed value of real property used for residential

purposes as the result of improving the property’s

resistance to wind damage or installing a renewable

energy source device shall take effect January 1, 2009.

History.—Proposed by Taxation and Budget Reform Commission, Revision No.

3, 2008, filed with the Secretary of State April 28, 2008; adopted 2008.

SECTION 30. Assessment of working waterfront

property.—The amendment to Section 4 of Article VII

providing for the assessment of working waterfront

property based on current use, and this section, shall

take effect upon approval by the electors and shall first

apply to assessments for tax years beginning January

1, 2010.

History.—Proposed by Taxation and Budget Reform Commission, Revision No.

6, 2008, filed with the Secretary of State April 28, 2008; adopted 2008.

SECTION 31. Additional ad valorem tax exemp-

tion for certain members of the armed forces

deployed on active duty outside of the United

States.—The amendment to Section 3 of Article VII

providing for an additional ad valorem tax exemption for

members of the United States military or military

reserves, the United States Coast Guard or its reserves,

or the Florida National Guard deployed on active duty

outside of the United States in support of military

operations designated by the legislature and this

section shall take effect January 1, 2011.

History.—Added, H.J.R. 833, 2009; adopted 2010.

SECTION 32. Veterans disabled due to combat

injury; homestead property tax discount.—The

amendment to subsection (e) of Section 6 of Article

VII relating to the homestead property tax discount for

veterans who became disabled as the result of a combat

injury shall take effect January 1, 2013.

History.—Added, S.J.R. 592, 2011; adopted 2012.

SECTION 33. Ad valorem tax relief for surviving

spouses of veterans who died from service-con-

nected causes and first responders who died in the

line of duty.—This section and the amendment to

Section 6 of Article VII permitting the legislature to

provide ad valorem tax relief to surviving spouses of

veterans who died from service-connected causes and

first responders who died in the line of duty shall take

effect January 1, 2013.

History.—Added, H.J.R. 93, 2012; adopted 2012.

Note.—This section, originally designated section 32 by H.J.R. 93, 2012, was

redesignated section 33 by the editors in order to avoid confusion with section 32 as

created in S.J.R. 592, 2011.

SECTION 34. Solar devices or renewable energy

source devices; exemption from certain taxation

and assessment.—This section, the amendment to

subsection (e) of Section 3 of Article VII authorizing the

legislature, subject to limitations set forth in general law,

to exempt the assessed value of solar devices or

renewable energy source devices subject to tangible

personal property tax from ad valorem taxation, and the

amendment to subsection (i) of Section 4 of Article VII

authorizing the legislature, by general law, to prohibit

the consideration of the installation of a solar device or a

renewable energy source device in determining the

assessed value of real property for the purpose of ad

valorem taxation shall take effect on January 1, 2018,

and shall expire on December 31, 2037. Upon expira-

tion, this section shall be repealed and the text of

subsection (e) of Section 3 of Article VII and subsection

(i) of Section 4 of Article VII shall revert to that in

existence on December 31, 2017, except that any

amendments to such text otherwise adopted shall be

preserved and continue to operate to the extent that

such amendments are not dependent upon the portions

of text which expire pursuant to this section.

History.—Added, C.S. for H.J.R. 193, 2016; adopted 2016.

SECTION 35. Tax exemption for totally and

permanently disabled first responders.—The

amendment to Section 6 of Article VII relating to relief

from ad valorem taxes assessed on homestead prop-

erty for first responders, who are totally and perma-

nently disabled as a result of injuries sustained in the

line of duty, takes effect January 1, 2017.

History.—Added, C.S. for H.J.R. 1009, 2016; adopted 2016.

SECTION 36. Additional ad valorem exemption

for persons age sixty-five or older.—This section and

the amendment to Section 6 of Article VII revising the

just value determination for the additional ad valorem

tax exemption for persons age sixty-five or older shall

take effect January 1, 2017, following approval by the

electors, and shall operate retroactively to January 1,

2013, for any person who received the exemption under

paragraph (2) of Section 6(d) of Article VII before

January 1, 2017.

History.—Added, C.S. for H.J.R. 275, 2016; adopted 2016.

SECTION 37. Eligibility of justices and judges.

The amendment to Section 8 of Article V, which

increases the age at which a justice or judge is no

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

longer eligible to serve in judicial office except upon

temporary assignment, shall take effect July 1, 2019.

History.—Proposed by Constitution Revision Commission, Revision No. 1,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 38. Prohibitions regarding lobbying

for compensation and abuse of public position by

public officers and public employees.—The amend-

ments to Section 8 of Article II and Section 13 of Article

V shall take effect December 31, 2022; except that the

amendments to Section 8(h) of Article II shall take effect

December 31, 2020, and:

(a) The Florida Commission on Ethics shall, by rule,

define the term “disproportionate benefit” and prescribe

the requisite intent for finding a violation of the prohibi-

tion against abuse of public position by October 1, 2019,

as specified in Section 8(h) of Article II.

(b) Following the adoption of rules pursuant to

subsection (a), the legislature shall enact implementing

legislation establishing penalties for violations of the

prohibition against abuse of public position to take effect

December 31, 2020.

History.—Proposed by Constitution Revision Commission, Revision No. 7,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 39. Prohibition on racing of or wager-

ing on greyhounds or other dogs.—The amendment

to Article X, which prohibits the racing of or wagering on

greyhound and other dogs, and the creation of this

section, shall take effect upon the approval of the

electors.

History.—Proposed by Constitution Revision Commission, Revision No. 8,

2018, filed with the Secretary of State May 9, 2018; adopted 2018.

SECTION 40. Transfer of the accrued benefit

from specified limitations on homestead property

tax assessments; increased portability period.—

This section and the amendment to Section 4 of Article

VII, which extends to three years the time period during

which the accrued benefit from specified limitations on

homestead property tax assessments may be trans-

ferred from a prior homestead to a new homestead,

shall take effect January 1, 2021.

History.—Added, H.J.R. 369, 2020; adopted 2020.

SECTION 41. Ad valorem tax discount for sur-

viving spouses of certain permanently disabled

veterans.—The amendment to Section 6 of Article

VII, relating to the ad valorem tax discount for spouses

of certain deceased veterans who had permanent,

combat-related disabilities, and this section shall take

effect January 1, 2021.

History.—Added, H.J.R. 877, 2020; adopted 2020.

ARTICLE XII CONSTITUTION OF THE STATE OF FLORIDA ARTICLE XII

INDEX

FOREWORD

In the index to the Florida Constitution, “A” refers to the Article of the Constitution

and “S” refers to the Section within the Article. This index includes references to the

Constitution of 1885 when that Constitution is incorporated by reference in the

present Constitution.

ABORTION

Minors, prior notification of parent, A10 S22

AD VALOREM TAXES

See TAXATION

ADMINISTRATION, STATE BOARD OF, A4 S4(e),

A12 S9(a), (c)

ADMINISTRATIVE AGENCIES

Judicial review, administrative action, A5 S3(b), A5 S4(b),

A5 S5(b)

Penalties, imposition of, A1 S18

Quasi-judicial power, A5 S1

Sentence of imprisonment, A1 S18

Utilities regulation, Supreme Court review, A5 S3(b)

ADVERSE MEDICAL INCIDENTS, A10 S25

AGRICULTURE, COMMISSIONER OF

(See also CABINET)

Agricultural matters, supervision, A4 S4(d)

Cabinet, member, A4 S4(a)

Election, A4 S5(a)

Impeachment, A3 S17(a)

Internal improvement trust fund, trustee, A4 S4(f)

Land acquisition trust fund, trustee, A4 S4(f)

Law Enforcement, Department of; agency head, A4 S4(g)

Office location, A2 S2

Powers and duties, A4 S4(a), (d)

Qualifications, A4 S5(b)

Term of office, A4 S5(a)

AIR POLLUTION, A2 S7(a), A4 S9, A7 S14

AIRCRAFT, A7 S1(b)

AIRPORTS, A7 S10(c)

ALCOHOLIC BEVERAGES, A8 S5(a), A8 S6(b)

AMENDMENT

Constitutional convention, A11 S4, A11 S5(a)

Effective date, A11 S5(e)

Election for approval, A11 S5

House of Representatives, proposed term of office, A12 S14

Initiatives, A11 S3, A11 S5(b), (c)

Legislative joint resolution, A11 S1, A11 S5(a)

Publication, A11 S5(d)

Revision commission, A11 S2, A11 S5(a)

AMENDMENT (Cont.)

Taxation and Budget Reform Commission, A11 S5(a),

A11 S6(e)

APPORTIONMENT OF LEGISLATURE

See LEGISLATURE

APPROPRIATIONS

Bond debt service, A7 S11(b)

Clerks of circuit and county courts, A5 S14(b)

Current state expenses, A3 S12

Education lottery funds, A10 S15

Fish and Wildlife Conservation Commission, A4 S9

General appropriation bills, A3 S8, A3 S12, A3 S19(b), (d)

Itemization requirements, A3 S19(b)

Legislative Budget Commission, duties, A3 S19(c)

Local government aid, A7 S8

Mandated expenditure of funds by local governments,

A7 S18(a)

Money drawn from state treasury, A7 S1(c)

Public defenders’ offices, A5 S14(a), A12 S25

Recurring purposes appropriations made from nonrecurring

general revenue funds, limitation, A3 S19(a)

Review period, A3 S19(d)

Salaries for public officers, A3 S12

School district aid, A7 S8

State attorneys’ offices, A5 S14(a), A12 S25

State courts system, A5 S14(a), (d), A12 S25

State school fund, A9 S6

Tobacco Education and Prevention Program, A10 S27(b)

Veto, A3 S8, A3 S19(b)

ARMED FORCES

See MILITIA

ARMS, RIGHT TO BEAR, A1 S8(a)

ASSEMBLY, RIGHT OF, A1 S5

ATTAINDER, BILLS OF, A1 S10, A1 S17

ATTORNEY GENERAL

(See also CABINET)

Administration, State Board of; member, A4 S4(e)

Cabinet, member, A4 S4(a)

Chief legal officer of state, A4 S4(b)

Constitution Revision Commission, member, A11 S2(a)

Election, A4 S5(a)

Impeachment, A3 S17(a)

Initiative petitions, requesting Supreme Court advisory

opinion, A4 S10, A5 S3(b)

Internal improvement trust fund, trustee, A4 S4(f)

Land acquisition trust fund, trustee, A4 S4(f)

ATTORNEY GENERAL (Cont.)

Law Enforcement, Department of; agency head, A4 S4(g)

Legislative apportionment

Judicial reapportionment petition, A3 S16(b), (e)

Judicial review petition, A3 S16(c), (e)

Minimum wage, enforcement authority, A10 S24(e)

Office location, A2 S2

Powers and duties, A4 S4(a), (b)

Qualifications, A4 S5(b)

Recreation development bond validation proceedings,

A12 S9(a)

Statewide prosecutor, appointment, A4 S4(b)

Term of office, A4 S5(a)

ATTORNEYS-AT-LAW

Admission to practice, A5 S15

Bar, See FLORIDA BAR

Court-appointed counsel, funding, A5 S14(a), A12 S25

Criminal defendants, right to counsel, A1 S16(a)

Discipline, A5 S15

ATTORNEYS’ FEES, A1 S26, A10 S24(e)

AUDITOR, A3 S2

BEACHES, A10 S11, A10 S28(b)

BILLS OF ATTAINDER, A1 S10, A1 S17

BLIND PERSONS, A7 S3(b)

BOATS

License tax, A7 S1(b)

Vessel launches, marinas, and marine manufacturing

facilities; tax assessments, A7 S4(j), A12 S30

BOND (PUBLIC OFFICERS), A2 S5(b)

BONDS

Airports, A7 S10(c)

Bridges, A7 S17

Capital projects, A7 S10(c), A7 S11(a), (d), A7 S12(a),

A12 S9

Certificates of indebtedness, A7 S12

Conservation and recreation lands, acquisition and

improvement, A7 S11(e), A12 S9(a)

Counties, A7 S10(c), A7 S12

Debt limitation, A7 S11(a), A7 S14(b), (e), A7 S16(c),

A12 S9(e)

Faith and credit of state, pledging, A7 S11(a), (c), A7 S14(a),

A7 S16(b), A7 S17, A12 S9

Fixed capital outlay projects, A7 S11(a), (d)

Historic preservation, A7 S11(e)

Housing and related facilities, A7 S16, A12 S18

Industrial or manufacturing plants, A7 S10(c)

Issued pursuant to 1885 Constitution, A12 S8

Local bonds, A7 S10(c), A7 S12

Motor vehicle license revenue anticipation certificates,

A12 S9(d)

Municipalities, A7 S10(c), A7 S12

Outdoor recreation development, A7 S11(e), A12 S9(a)

Pollution control and abatement facilities, A7 S14

Port facilities, A7 S10(c)

Public education, A7 S12, A12 S9(a), (d)

Refunding bonds, A7 S11(a), A7 S12(b), A12 S9

Revenue bonds

Airports, A7 S10(c)

Capital projects, A7 S11(d), A12 S9(b)

BONDS (Cont.)

Revenue bonds (Cont.)

Conservation and recreation lands, acquisition and

improvement, A7 S11(e), A12 S9(a)

Debt service on bonds, A10 S28(b)

Historic preservation, A7 S11(e)

Housing and related facilities, A7 S16, A12 S18

Industrial or manufacturing plants, A7 S10(c)

Legislative approval of project, A7 S11(f)

Pollution control and abatement facilities, A7 S14

Port facilities, A7 S10(c)

Refunding bonds, A12 S9(b), (c), (d)

Repayment, source of funds, A7 S11(d)

Student loans, A7 S15

Waste disposal facilities, A7 S14

Water facilities, A7 S14

Water resource development, A7 S11(e)

Roads and highways, A7 S17, A12 S9(b), (c)

Sale, combining issues, A7 S11(c)

School capital outlay projects, A7 S12(a), A12 S9(a), (d)

School districts, A7 S12

Special districts, A7 S10(c), A7 S12

State bonds, A7 S11, A7 S14, A7 S15, A7 S16, A7 S17,

A12 S9

Student loans, A7 S15

Tax anticipation certificates, A7 S12

Tax levies for payment of debt

Ad valorem taxes, A7 S12

Gross receipts tax, utility services, A12 S9(a)

Second gas tax, A12 S9(c)

Transportation rights-of-way, A7 S17

Validation, A5 S3(b)

Voter approval, A7 S11(a), A7 S12(a)

Waste disposal facilities, A7 S14

Water facilities, A7 S14

Water resource development, A7 S11(e)

BOUNDARIES (STATE), A2 S1

BRANCHES OF GOVERNMENT, A2 S3

BRIDGES, A7 S17

BROWARD COUNTY, A8 S6(g), A10 S23

BUDGETING

Adjustments without concurrence of full legislature,

A3 S19(c)

Budget stabilization fund, A3 S19(g), A7 S1(e)

Final budget report, A3 S19(e)

Governor, responsibility, A4 S1(a), A4 S13

Legislative Budget Commission, A3 S19(c), (j)

Reductions to meet revenue shortfalls, A3 S19(h), A4 S13

State budgeting processes, A3 S19, A7 S1(e)

CABINET

Appointment or removal of officers, approval, A4 S6(a)

Civil rights, restoration, A4 S8(a)

Clemency, A4 S8(a)

Composition, A4 S4(a)

Creation, A4 S4(a)

Election of members, A4 S5(a)

Executive departments, supervision, A4 S6

Impeachment of members, A3 S17(a)

Incapacity of Governor, A4 S3(b)

Offices of members, A2 S2

Pardons, A4 S8(a)

Qualifications of members, A4 S5(b)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

CABINET (Cont.)

Revenue shortfalls, budget reductions, A4 S13

Term limitations on members, A6 S4(c)

Terms of members, A4 S5(a)

Tie vote among members, A4 S4(a)

Veterans’ Affairs, Department of; department head, A4 S11

CAMPAIGN FINANCING, A2 S8(b), A6 S7

CANDIDATES

See ELECTIONS

CAPITAL, A2 S2

CAPITAL OFFENSES

Appeals and collateral attacks on judgment, A1 S16(b)

Death penalty, A1 S17, A5 S3(b)

Presentment or indictment, A1 S15

Pretrial detention, A1 S14

CAPITAL PROJECTS

Airports, A7 S10(c)

Bridges, A7 S17

Fixed capital outlay projects, bond financing, A7 S11(a), (d)

Housing and related facilities, A7 S16

Industrial and manufacturing plants, A7 S10(c)

Legislative approval, A7 S11(f)

Local governments, bond financing, A7 S10(c), A7 S12(a)

Outdoor recreation facilities, A12 S9(a)

Pollution control facilities, A7 S14

Port facilities, A7 S10(c)

Public education, A7 S12(a), A12 S9(a), (d)

Roads and highways, A7 S17, A12 S9(b), (c)

Schools, A7 S12(a), A12 S9(a), (d)

State, bond financing, A7 S11(a), (d), A7 S14, A7 S16,

A7 S17, A12 S9

Transportation rights-of-way, A7 S17

Turnpike authority, A12 S9(b)

Waste disposal facilities, A7 S14

Water facilities, A7 S14

CASINO GAMBLING, A10 S30

CENSUS, A3 S16(a), A8 S1(e), A10 S8, A12 S13

CERTIORARI, WRIT OF, A5 S4(b), A5 S5(b)

CHARITIES, A7 S3(a)

CHIEF FINANCIAL OFFICER

(See also CABINET)

Administration, State Board of; member, A4 S4(e)

Cabinet, member, A4 S4(a)

Chief fiscal officer of state, A4 S4(c)

Constitutional office, designation as, A12 S24(a)

Election, A4 S5(a)

Impeachment, A3 S17(a)

Internal improvement trust fund, trustee, A4 S4(f)

Land acquisition trust fund, trustee, A4 S4(f)

Law Enforcement, Department of; agency head, A4 S4(g)

Office location, A2 S2

Powers and duties, A4 S4(a), (c)

Qualifications, A4 S5(b)

State funds and securities, maintenance, A4 S4(c)

Term of office, A4 S5(a)

CHILDREN

Abortions involving minors, prior notification of parent,

A10 S22

CHILDREN (Cont.)

Adoption or legitimation, special laws pertaining to,

A3 S11(a)

Juvenile delinquency proceedings, A1 S15(b)

Relief from legal disabilities, special laws pertaining to,

A3 S11(a)

Tobacco Education and Prevention Program, A10 S27

CIRCUIT COURTS

(See also COURTS)

Administrative action, review, A5 S5(b)

Administrative supervision, A5 S2(d)

Appeal of judgments and orders, A5 S3(b), A5 S4(b)

Appellate jurisdiction, A5 S4(b), A5 S5(b), A5 S20(c)

Chief judge

Assignment of judges, A5 S2(b)

Discipline panel for Supreme Court justice, A5 S12(e)

Emergency hospitalizations, authority delegation to

county court judges, A5 S20(c)

Location of court proceedings, designation, A5 S7,

A5 S20(c)

Responsibilities, A5 S2(d)

Selection, A5 S2(d)

Clerk, A5 S14(b), (c), A5 S16, A8 S1(d)

Death penalty, A5 S3(b)

Divisions, A5 S7, A5 S20(c)

Hearings, A5 S7

Judges

(See also JUDGES)

Chief judge, See subtitle Chief judge, this heading

Election, A5 S10(b), A5 S11(b)

Impeachment, A3 S17(a)

Judges of abolished courts, A5 S20(d)

Merit selection, local option, A5 S10(b)

Number, A5 S20(d)

Retention, local option, A5 S10(b)

Term of office, A5 S10(b), A5 S11(b)

Vacancy in office, A5 S11(b)

Judicial circuits, See JUDICIAL CIRCUITS

Judicial power vested in, A5 S1

Jurisdiction, A5 S5(b), A5 S20(c)

Organization, A5 S5(a)

Prosecuting officer, A5 S17

Trials, location, A5 S7

Writs, power to issue, A5 S5(b)

CITIZENSHIP (ELECTORS), A6 S2

CIVIL ACTIONS

Defamation, A1 S4

Due process of law, A1 S9

Medical marijuana use, not subject to civil liability,

A10 S29(a)

Minimum wage violations, A10 S24(e)

Special laws pertaining to, A3 S11(a)

Suits against state, A10 S13

Validity upon adoption of constitutional revision, A12 S7

CIVIL RIGHTS

Declaration of rights, A1

Restoration, A4 S8(a), A6 S4(a), (b)

Voting and elections, See ELECTIONS

CIVIL SERVICE SYSTEM, A3 S14

CIVIL TRAFFIC HEARING OFFICERS, A5 S1

CLEMENCY, A1 S16(b), A4 S8

CLERKS OF CIRCUIT COURTS, A5 S14(b), (c), A5 S16,

A8 S1(d)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

COAST GUARD, A7 S3(g), A12 S31

COLLECTIVE BARGAINING, A1 S6

COLLEGES AND UNIVERSITIES

Institutions of higher learning, A7 S15(a), A9 S1(a),

A12 S9(a)

State colleges, community colleges, and junior colleges,

A7 S15(a), A9 S8, A12 S9(a), (d)

COMMISSIONER OF AGRICULTURE

See AGRICULTURE, COMMISSIONER OF

COMMISSIONER OF EDUCATION

See EDUCATION, COMMISSIONER OF

COMMISSIONS, A5 S1

COMMUNICATIONS, INTERCEPTION, A1 S12

COMMUNITY COLLEGES, A7 S15(a), A9 S8, A12 S9(a), (d)

COMMUNITY DEVELOPMENT, A7 S3(c)

CONGRESSIONAL DISTRICTS, A3 S20

CONSERVATION

Natural resources, See NATURAL RESOURCES

CONSTITUTION OF 1885

Bonds

Institutions of higher learning and junior college capital

outlay, A12 S9(a)

Outdoor recreation development, A12 S9(a)

Provisions retained until payment in full, A12 S8

Roads and highways, A12 S9(c)

School capital outlay, A12 S9(d)

County courts, A5 S20(c)

Criminal sentences, A12 S7(a)

Dade County, home rule charter, A8 S6(e)

Gross receipts taxes, A12 S9(a)

Hillsborough County, home rule charter, A8 S6(e)

Jacksonville and Duval County, consolidation, A8 S6(e)

Judges, A5 S20(d)

Judiciary provisions, repeal, A5 S20(a)

Key West and Monroe County, consolidation, A8 S6(e)

Local government, A8 S6(a), (e)

Motor vehicle fuel taxes, A12 S9(c)

Motor vehicle license revenues, A12 S9(d)

Provisions conflicting with revision, A12 S17

Provisions reverting to statutes, A5 S20(g), A12 S10

Provisions superseded, A12 S1

Superintendents of public instruction, A12 S5(b), A12 S6(b)

Taxes, penalties, fines, and forfeitures owed to state,

A12 S7(a)

CONSTITUTION REVISION COMMISSION, A2 S5(a),

A11 S2, A11 S5(a)

CONSTITUTION (UNITED STATES)

See UNITED STATES

CONSTITUTIONAL CONVENTION, A2 S5(a), A11 S4,

A11 S5(a)

CONSTRUCTION, RULES OF, A10 S12

CONTEMPT, A3 S4(d), A3 S5

CONTRACTS

Laws impairing, A1 S10

Special laws pertaining to, A3 S11(a)

Validity upon adoption of constitutional revision, A12 S7

CORPORATIONS

Income tax, A7 S5(b)

Public credit or taxing power in aid of, A7 S10

Rights and obligations, validity upon adoption of

constitutional revision, A12 S7

Special laws pertaining to, A3 S11(a)

CORRECTIONAL OFFICERS AND CORRECTIONAL

PROBATION OFFICERS

Killed in line of duty, death benefits for survivors, A10 S31

COUNTIES

Abolishment, A8 S1(a)

Ad valorem taxation, A7 S9, A7 S12, A12 S2

Alcoholic beverage sales, A8 S5(a), A8 S6(b)

Boards of county commissioners

Composition, A8 S1(e)

Districts, A8 S1(e)

Election, A8 S1(e)

Ex officio clerks, A5 S16, A8 S1(d)

Terms of office, A8 S1(e)

Bond financing, A7 S10(c), A7 S12

Branch offices, A8 S1(k)

Broward County, A8 S6(g), A10 S23

Change of, A8 S1(a)

Charter, A8 S1(c), (g)

Civil service system, A3 S14

Consolidation of local governments, A8 S3, A8 S6(e)

County courts, See COUNTY COURTS

County seat, A8 S1(k), A8 S6(b)

Court-appointed counsel, funding, A5 S14(c)

Creation, A8 S1(a)

Credit, pledging, A7 S10

Districts, county commissioner, A8 S1(e)

Duval County, consolidation, A8 S6(e)

Electors, A6 S2

Electric generation and transmission facilities, A7 S10(d)

Firearms sales, criminal history records check and waiting

period, A8 S5(b)

Funds

Care, custody, and disbursement, A8 S1(b)

Custodian, A5 S16, A8 S1(d)

Investment, A7 S10(a), (b)

Governing bodies, A8 S1(e)

Government

Charter, A8 S1(c), (g)

Noncharter, A8 S1(f)

Hillsborough County, home rule charter, A8 S6(e)

Home rule, A8 S6(e), (f)

Indebtedness, certificates of, A7 S12

Joint ownership with private entities, A7 S10

Leon County, seat of government, A2 S2

Local option, alcoholic beverage sales, A8 S5(a), A8 S6(b)

Mandated expenditure of funds, funding by Legislature,

A7 S18(a)

Meetings, access to, A1 S24(b)

Miami-Dade County, A8 S6(e), (f), (g), A10 S23

Monroe County, consolidation, A8 S6(e)

Motor vehicle fuel tax, allocation, A12 S9(c)

Municipal services, taxes for, A7 S9(b)

Officers

Abolishment of office, A8 S1(d)

Auditor, A5 S16, A8 S1(d)

Bond, A2 S5(b)

Clerk of circuit court, A5 S14(b), (c), A5 S16, A8 S1(d)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

COUNTIES (Cont.)

Officers (Cont.)

Commissioners, See subtitle Boards of county

commissioners, this heading

Compensation, A2 S5(c)

Continuance in office, A8 S6(c)

Election, A6 S5, A8 S1(d)

Holding other offices, A2 S5(a)

Oath of office, A2 S5(b)

Office and records, location, A8 S1(k)

Performance of municipal functions, A8 S6(b)

Powers and duties, A2 S5(b), (c)

Property appraiser, A8 S1(d)

Prosecuting attorney, A5 S20(d)

Recorder, A5 S16, A8 S1(d)

Selection, A8 S1(d), A8 S6(b), (g)

Sheriff, A8 S1(d)

Solicitor, A5 S20(d)

Supervisor of elections, A8 S1(d)

Suspension, A4 S7(a), (b)

Tax collector, A8 S1(d)

Terms of office, A8 S1(d)

Vacancy in office, A4 S1(f)

Ordinances

Charter government, A8 S1(g)

Community and economic development tax exemptions,

A7 S3(c)

Conflict with municipal ordinances, A8 S1(f), (g)

Effective date, A8 S1(i)

Historic properties, A7 S3(d), A7 S4(e), A12 S22

Homestead property tax exemption for elderly persons,

A7 S6(d)

Local laws, amendment or repeal, A8 S6(d)

Noncharter government, A8 S1(f)

Violations, A8 S1(j)

Pari-mutuel tax revenue, A7 S7

Pollution control facilities, state bond financing, A7 S14

Public defenders’ offices, funding, A5 S14(c)

Recording of documents, A8 S1(k)

Reduction of authority to raise revenue, legislative approval,

A7 S18(b)

Roads and highways, A12 S9(c)

Second gas tax, allocation, A12 S9(c)

Self-government powers, A8 S1(f), (g)

State aid, A7 S8

State attorneys’ offices, funding, A5 S14(c)

State tax revenues, legislative approval of reduction,

A7 S18(c)

Status, continuation upon adoption of Constitution, A8 S6(b)

Tax anticipation certificates, A7 S12

Taxes, A7 S4(f), A7 S9, A12 S2

Taxing power, limitation, A7 S10, A8 S1(h)

Transfer of function or power, A8 S4

Trial courts, funding, A5 S14(c)

Waste disposal facilities, state bond financing, A7 S14

Water facilities, state bond financing, A7 S14

COUNTY COURTS

(See also COURTS)

Administrative supervision, A5 S2(d)

Appeal of judgments and orders, A5 S3(b), A5 S4(b)

Clerks, A5 S14(b), (c), A5 S16, A5 S20(c)

Divisions, A5 S7, A5 S20(c)

Fines and forfeitures, A5 S20(c)

Hearings, A5 S7

Judges

(See also JUDGES)

Bar membership, A5 S8, A5 S20(c), (d)

Election, A5 S10(b), A5 S11(b)

Impeachment, A3 S17(a)

Judges of abolished courts, A5 S20(d)

COUNTY COURTS (Cont.)

Judges (Cont.)

Merit selection, local option, A5 S10(b)

Nonjudicial duties, A5 S20(f)

Number, A5 S6(a), A5 S20(d)

Retention, local option, A5 S10(b)

Term of office, A5 S10(b), A5 S11(b)

Vacancy in office, A5 S11(b)

Judicial power vested in, A5 S1

Jurisdiction, A5 S6(b), A5 S20(c)

Location, A5 S7, A5 S20(c)

Organization, A5 S6(a)

Trials, location, A5 S7, A5 S20(c)

COURTS

Access to, A1 S21

Administrative agency interpretation of law, not deferred to,

A5 S21

Administrative supervision, A5 S2

Appeals, A5 S2(a), A5 S3, A5 S4, A5 S5(b)

Appellate districts, See DISTRICT COURTS OF APPEAL

Attorneys, admission to practice and discipline, A5 S15

Bar, See FLORIDA BAR

Budgeting processes, A3 S19(a), (c)

Chief administrative officers, A5 S2(b)

Circuit courts, See CIRCUIT COURTS

County courts, See COUNTY COURTS

Courts-martial, A1 S15(a), A1 S18, A5 S1

Dismissal of cause, improper remedy sought, A5 S2(a)

District courts of appeal, See DISTRICT COURTS OF

APPEAL

Divisions, A5 S7, A5 S20(c)

Establishment, A5 S1

Funding, A5 S14

Generally, A5

Hearings, A5 S7

Judges and justices, See JUDGES

Judicial circuits, See JUDICIAL CIRCUITS

Judicial nominating commissions, A5 S11, A5 S20(c)

Judicial office, justices, and judges; construction of terms,

A10 S12(f)

Judicial power, A2 S3, A5 S1

Judicial Qualifications Commission, A2 S8(f), A5 S12,

A5 S20(e)

Juries and jurors, See JURIES

Jurisdiction

Abolished courts, A5 S20(d)

Circuit courts, A5 S5(b), A5 S20(c)

County courts, A5 S6(b), A5 S20(c)

District courts of appeal, A5 S4(b), A5 S20(c)

Municipal courts, A5 S20(d)

Supreme Court, A5 S3(b), A5 S20(c)

Transfer, jurisdiction of court improvidently invoked,

A5 S2(a)

Justice administration without sale, denial, or delay, A1 S21

Municipal courts, A5 S20(d)

Open for redress of injury, A1 S21

Planning processes and planning documents, A3 S19(a), (h)

Records of judicial branch, access to, A1 S24

Rules of practice and procedure, A5 S2(a), A5 S11(d)

Supreme Court, See SUPREME COURT

Transition provisions, A5 S20

Trials, See TRIALS

Victims’ rights, enforcement, A1 S16(c)

Writs, power to issue, A5 S3(b), A5 S4(b), A5 S5(b)

COVERTURE, A10 S5

CREDIT, PLEDGING OF

Housing bonds, A7 S16(b)

Joint ownership with private entity, A7 S10

Index CONSTITUTION OF THE STATE OF FLORIDA Index

CREDIT, PLEDGING OF (Cont.)

State bonds, A7 S11(a), (c), A7 S14(a), A7 S17, A12 S9

CRIMINAL OFFENSES

Accused, rights of, A1 S16(a), A1 S19

Appeals and collateral attacks on judgment, A1 S16(b)

Bills of attainder, A1 S10, A1 S17

Breach of public trust, A2 S8(d)

County ordinance violations, A8 S1(j)

Criminal statutes, effect of repeal, A10 S9

Defamation, A1 S4

Ex post facto laws, A1 S10

Felony

Definition, A10 S10

Prosecution, A1 S15(a)

Public office disqualification, A6 S4(a)

Public officer or employee, forfeiture of retirement rights

and privileges, A2 S8(d)

Voting qualifications, A6 S4(a), (b)

Fraud, imprisonment for debt, A1 S11

Handgun purchases, waiting period violations, A1 S8(c)

Juvenile offenders, A1 S15(b)

Marine net fishing violations, A10 S16(e)

Penalties, See PUNISHMENT

Pigs, cruel and inhumane confinement during pregnancy,

A10 S21(d)

Prosecution, See CRIMINAL PROSECUTION

Treason, A1 S20, A4 S8(b)

Victims’ rights, A1 S16(b), (c), (d), (e)

CRIMINAL PROSECUTION

Accused, rights of, A1 S16(a), A1 S19

Capital crime, A1 S15(a)

Communications, unreasonable interception of, A1 S12

Costs, payment by accused, A1 S19

Counsel, right to, A1 S16(a)

County ordinance violations, A8 S1(j)

Criminal statutes, effect of repeal, A10 S9

Defamation, A1 S4

Defendants, rights of, A1 S16(a), A1 S19

Double jeopardy, A1 S9

Due process of law, A1 S9, A1 S16(b)

Evidence, inadmissible, A1 S12

Felonies, A1 S15(a)

Grand jury, A1 S15(a)

Indictment or information, A1 S15(a), A1 S16(a)

Jurors, A1 S22, A3 S11(a)

Juvenile offenders, A1 S15(b)

Medical marijuana use, not subject to criminal liability,

A10 S29(a)

Penalties, See PUNISHMENT

Pretrial release and detention, A1 S14, A1 S16(b)

Release of offender, victims’ rights, A1 S16(b)

Search and seizure, unreasonable, A1 S12

Search warrants, A1 S12

Self-incrimination, A1 S9

Special laws pertaining to, A3 S11(a)

Statewide prosecutor, A4 S4(b)

Treason, A1 S20

Trial by jury, A1 S16(a), A1 S22

Venue, A1 S16(a), A3 S11(a)

Victims’ rights, A1 S16(b), (c), (d), (e)

Witness against oneself, A1 S9

Witnesses, A1 S16(a)

CURTESY, A10 S5

CUSTODIAN OF STATE RECORDS

Documents received and maintained

Constitution revision proposals, A11 S2(c), A11 S4(b)

Constitutional amendment initiative petitions, A11 S3

CUSTODIAN OF STATE RECORDS (Cont.)

Documents received and maintained (Cont.)

Constitutional convention petitions, A11 S4(a)

County ordinances, A8 S1(i)

Financial interests disclosures, A2 S8(i)

Governor’s certificates of incapacity or capacity, A4 S3(b)

Governor’s executive orders of clemency, A4 S8(a)

Governor’s objections to vetoed bills, A3 S8(b)

Governor’s orders of suspension of officers, A4 S7(a)

Judicial apportionment orders, A3 S16(b), (f)

Judicial merit selection and retention petitions, A5 S10(b)

Taxation and Budget Reform Commission proposals,

A11 S6(e)

Substitution for term “secretary of state”, A12 S24(b)

DEATH BENEFITS

First responders and military members, survivors of,

A10 S31

DEATH PENALTY

See CAPITAL OFFENSES

DEBT

Homestead property, A10 S4(a)

Imprisonment for, A1 S11

Public debt

Bond financing, See BONDS

Certificates of indebtedness, A7 S12

Consolidation of local governments, A8 S3

Counties, A8 S1(a)

Incurred under 1885 Constitution, A12 S8

Municipalities, A8 S2(a)

DECLARATION OF RIGHTS, A1

DEEDS OF TRUST, A7 S2

DISABILITIES, PERSONS WITH

Deprivation of rights, A1 S2

Tax exemptions, A7 S3(b), A7 S6(e)

DISTRICT COURTS OF APPEAL

(See also COURTS)

Administrative action, direct review, A5 S4(b)

Administrative supervision, A5 S2(c)

Appeal of decisions, A5 S3(b)

Appellate districts

Court serving, A5 S4(a)

Establishment, A5 S1, A5 S20(c)

Redefining, A5 S9

Supreme Court justices, residency, A5 S3(a)

Case consideration, number of judges required, A5 S4(a)

Certification of cases for Supreme Court review, A5 S3(b)

Chief judges, A1 S16(b), A5 S2(c)

Clerks, A5 S4(c)

Court-martial decisions, review, A5 S1

Decisions, A5 S3(b), A5 S4(a)

Divisions, A5 S7, A5 S20(c)

Final judgments and orders, review, A5 S4(b)

Interlocutory orders, review, A5 S4(b)

Judges

Impeachment, A3 S17(a)

Number, A5 S4(a)

Judicial nominating commissions, A5 S11(d)

Judicial power vested in, A5 S1

Jurisdiction, A5 S4(b), A5 S20(c)

Marshals, A5 S4(c)

Military law questions, advisory opinions, A5 S2(a)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

DISTRICT COURTS OF APPEAL (Cont.)

Organization, A5 S4(a)

Process, A5 S4(c)

Rules of procedure, A5 S11(d)

Trial court judgments and orders, review, A5 S4(b)

Writs, power to issue, A5 S4(b)

DISTRICTS

Appellate, See DISTRICT COURTS OF APPEAL

Community college, A12 S9(d)

County commissioner, A8 S1(e)

Legislative, A3 S1, A3 S15(a), (c), A3 S16(a)

School, See SCHOOL DISTRICTS

Special, See SPECIAL DISTRICTS

DIVORCE, A3 S11(a)

DOGRACING, A10 S32, A12 S39

DOMESTIC SECURITY AND COUNTERTERRORISM,

OFFICE OF, A4 S4(g)

DOUBLE JEOPARDY, A1 S9

DOWER, A10 S5

DUE PROCESS OF LAW, A1 S9, A1 S16(b)

DUVAL COUNTY, A8 S6(e)

ECONOMIC DEVELOPMENT, A7 S3(c)

EDUCATION

Appointive boards, terms of members, A9 S3

Bond financing

Capital projects, A7 S12(a), A12 S9(a), (d)

Student loans, A7 S15

Capital outlay funds, A12 S9(a), (d)

Class size limits, A9 S1(a)

Commissioner of Education, See EDUCATION,

COMMISSIONER OF

First responders and military members killed in line of duty,

education benefits for survivors of, A10 S31(c)

Free public schools, A9 S1(a), A9 S2, A9 S4(b), A9 S6

Health-related training institutions, A7 S15(a)

Institutions of higher learning, A7 S15(a), A9 S1(a),

A12 S9(a)

Joint educational programs, A9 S4(b)

Lotteries, A10 S15

Prekindergarten education, A9 S1(b), (c)

Property tax exemption, A7 S3(a)

Public education system, A9 S1(a), A9 S2

School boards, A9 S4, A9 S5, A12 S9(d)

School districts, See SCHOOL DISTRICTS

State Board of Education, See EDUCATION, STATE

BOARD OF

State colleges, community colleges, and junior colleges,

A7 S15(a), A9 S8, A12 S9(a), (d)

State school fund, A9 S6

Student loans, A7 S15

Superintendents of public instruction, A12 S4, A12 S5,

A12 S6(b)

Superintendents of schools, A9 S5, A12 S5, A12 S6(b)

Taxes

Gross receipts tax, utility services, A12 S9(a)

Property tax exemption, A7 S3(a)

School district, A7 S6(a), A7 S9, A9 S4(b)

EDUCATION (Cont.)

Taxes (Cont.)

Slot machine revenues, A10 S23(b)

Tobacco Education and Prevention Program, A10 S27

Vocational training schools, A7 S15(a), A12 S9(a)

EDUCATION, COMMISSIONER OF

Appointment, A9 S2

State University System Statewide Board of Governors,

membership, A9 S7(d)

Statutes under 1885 Constitution, applicability, A12 S6(b)

Superintendent of Public Instruction, transfer of office,

A12 S4

EDUCATION, STATE BOARD OF

Generally, A9 S2

Public education capital outlay and debt service trust fund,

administration, A12 S9(a)

School bonds, duties, A12 S9(d)

State college system, supervision, A9 S8(b), (d)

ELDERLY AFFAIRS, DEPARTMENT OF, A4 S12

ELDERLY PERSONS

Tax exemptions, A7 S4(f), A7 S6(d), (e), A12 S26, A12 S36

ELECTIONS

Alcoholic beverage sales, local option, A8 S5(a)

Bond financing approval, A7 S11(a), A7 S12(a)

Cabinet members, A4 S5(a)

Candidates

Campaign finances, disclosure, A2 S8(b)

Campaign spending limits for statewide offices, A6 S7

Congressional districts favoring incumbents, A3 S20

Financial interests, disclosure, A2 S8

Legislative districts favoring incumbents, A3 S21

Minor party or nonparty candidates, A6 S1

Public financing of campaigns for statewide offices, A6 S7

Community and economic development tax exemption

ordinances, authorization, A7 S3(c)

Constitutional amendment or revision, A11 S5

Constitutional convention question, A11 S4

County commissioners, A8 S1(e)

County officers, A8 S1(d)

Districts, A6 S6

Electors

Disqualification, A6 S4(a), (b)

Freeholders, A7 S9(b), A7 S12(a)

Oath, A6 S3

Qualifications, A6 S2

Registration, A6 S1, A6 S3, A6 S6

Restoration of rights, A6 S4(a), (b)

Vote of electors, definition, A10 S12(d)

Voting in primary elections, A6 S5(b)

General elections

Cabinet members, A4 S5(a)

Constitutional amendment or revision, A11 S5(a)

Constitutional convention question, A11 S4(b)

Date, A6 S5

Emergency, suspension or delay, A6 S5

Governor and Lieutenant Governor, A4 S5

Superintendents of schools, A9 S5

Winner determination, A6 S1

Governor, A4 S5

Judges, A5 S10, A5 S11(b)

Legislators, A3 S1, A3 S2, A3 S15

Lieutenant Governor, A4 S5(a)

Municipal elections, A6 S6

Political party functions, A6 S1

Primary elections, A4 S5(a), A6 S5(b)

Referenda, A3 S10, A6 S5, A7 S3(c), A10 S23(a)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

ELECTIONS (Cont.)

Registration, A6 S1, A6 S3

School boards, A9 S4(a)

Secret vote, A6 S1

Special elections

Alcoholic beverage sales, A8 S5(a)

Community and economic development tax exemption

ordinances, A7 S3(c)

Constitutional amendment or revision, A11 S5(a)

County charter, A8 S1(c)

Regulation, A6 S5

Superintendents of schools, A9 S5

Supervisors of elections, A8 S1(d)

Tax authorization, A7 S9(b)

Term limitation, certain elective offices, A6 S4(c)

Vote of the electors, definition, A10 S12(d)

ELECTIONS, SUPERVISORS OF, A8 S1(d)

ELECTRICAL ENERGY FACILITIES, A7 S10(d)

ELECTRONIC CIGARETTES, A10 S20

EMERGENCIES

Budget stabilization fund, withdrawals, A3 S19(g)

Continuity of government, measures to ensure, A2 S6

Elections, suspension or delay, A6 S5

Habeas corpus, suspension of writ, A1 S13

Seat of government, transfer, A2 S2

EMERGENCY MEDICAL TECHNICIANS

Killed in line of duty, death benefits for survivors, A10 S31

EMINENT DOMAIN, A10 S6

ENEMY ATTACK

See INVASION

ENERGY

Electrical energy facilities, public support, A7 S10(d)

Renewable energy source devices, taxation, See

RENEWABLE ENERGY SOURCE DEVICES

Solar devices, exemption from taxation and assessments,

A7 S3(e), A7 S4(i), A12 S34

ENGLISH, OFFICIAL LANGUAGE, A2 S9

ENVIRONMENTAL PROTECTION

See NATURAL RESOURCES

EQUALITY BEFORE THE LAW, A1 S2

ESTATE TAX, A7 S5(a)

ETHICS, COMMISSION ON, A2 S8, A12 S38(a)

ETHICS IN GOVERNMENT, A2 S8, A3 S18, A5 S13, A12 S38

EVERGLADES, A2 S7(b), A10 S17, A10 S28(b)

EVIDENCE

Defamation, A1 S4

Inadmissible, A1 S12

Special laws pertaining to, A3 S11(a)

Treason, A1 S20

EX POST FACTO LAWS, A1 S10

EXECUTIVE BRANCH OF GOVERNMENT

Executive power, A2 S3, A4 S1(a)

Generally, A4

Planning processes and planning documents, A3 S19(a), (h)

Public records and meetings, access to, A1 S24

EXECUTIVE DEPARTMENTS, A4 S6, A12 S16

EXECUTIVE POWER, A2 S3, A4 S1(a)

FEDERAL GOVERNMENT

See UNITED STATES

FELONIES

See CRIMINAL OFFENSES

FINANCE

Appropriation of state funds, See APPROPRIATIONS

Bonds, See BONDS

Generally, A7

Revenue, See REVENUE

State funds, See STATE FUNDS

Taxation and Budget Reform Commission, A2 S5(a),

A11 S5(a), A11 S6

Taxes, See TAXATION

Trust funds, See TRUST FUNDS (PUBLIC)

FINES AND FORFEITURES

(See also PUNISHMENT)

Administrative penalties, A1 S18

County courts, A5 S20(c)

Excessive, A1 S17

Minimum wage violations, A10 S24(e)

Owing under 1885 Constitution, A12 S7(a)

Remission, A3 S11(a), A4 S8(a)

Suspension, A4 S8(a)

FIREARMS

Right to bear arms, A1 S8(a)

Sales, criminal history records check, A8 S5(b)

Waiting period between purchase and delivery,

A1 S8(b), (c), (d), A8 S5(b)

FIREFIGHTERS

Killed in line of duty, death benefits for survivors, A10 S31

FIRST RESPONDERS

Homestead tax exemption for disabled first responder

injured in line of duty, A7 S6(f), A12 S35

Homestead tax exemption for surviving spouse of first

responder killed in line of duty, A7 S6(f), A12 S33

FISH AND WILDLIFE CONSERVATION COMMISSION,

A4 S9, A12 S23

FISHING

Commercial fishing property, tax assessments, A7 S4(j),

A12 S30

Document excise tax proceeds, use for habitat protection,

A10 S28(b)

Fish and Wildlife Conservation Commission, A4 S9,

A12 S23

Game and Fresh Water Fish Commission, A12 S23

Marine Fisheries Commission, A12 S23

Marine net fishing, limitations, A10 S16

Special laws pertaining to freshwater fishing, A3 S11(a),

A4 S9

Index CONSTITUTION OF THE STATE OF FLORIDA Index

FLAG (STATE), A2 S4

FLORIDA BAR

Attorney General, A4 S5(b)

Attorneys, admission and discipline, A5 S15

County court judges, A5 S8, A5 S20(c), (d)

Judges, A5 S8

Judicial nominating commission members, A5 S20(c)

Judicial Qualifications Commission members, A5 S12(a), (f)

Public defenders, A5 S18

State attorneys, A5 S17

FREEDOM OF PRESS, A1 S4

FREEDOM OF RELIGION, A1 S3

FREEDOM OF SPEECH, A1 S4

GAMBLING

Casino gambling, A10 S30

Dogracing prohibition, A10 S32, A12 S39

Lotteries, A10 S7, A10 S15

Pari-mutuel pools, A10 S7

Pari-mutuel taxes, A7 S7

Slot machines, A10 S23

GAME AND FRESH WATER FISH COMMISSION, A12 S23

GENERAL PROVISIONS, A2

GOVERNMENT EFFICIENCY TASK FORCE, A3 S19(i)

GOVERNOR

Acting, A4 S3(b)

Administration, State Board of; chair, A4 S4(e)

Advisory opinions from Supreme Court, A4 S1(c)

Appointments

Constitution Revision Commission, A11 S2(a), (b)

Education, State Board of, A9 S2

Executive officers or boards, A4 S6

Fish and Wildlife Conservation Commission, A4 S9

Government Efficiency Task Force, A3 S19(i)

Judges, A5 S11(a), (b), (c)

Judicial nominating commission, A5 S20(c)

Judicial Qualifications Commission, A5 S12(a)

Militia officers, A10 S2(c)

State colleges, local boards of trustees, A9 S8(c)

State universities, local boards of trustees, A9 S7(c)

State University System Statewide Board of Governors,

A9 S7(d)

Taxation and Budget Reform Commission, A11 S6(a)

Vacancies in state or local offices, A3 S17(b), A4 S1(f),

A4 S7

Bills

Executive approval, A3 S8(a)

Veto, A3 S8, A3 S9, A3 S19(b)

Budgeting, A4 S1(a), A4 S13

Capacity, restoration, A4 S3(b)

Civil rights, restoration, A4 S8(a)

Clemency, A4 S8(a), (b)

Commander-in-chief, military forces, A4 S1(a)

Election, A4 S5(a), (b)

Executive departments, supervision, A4 S6

Impeachment, A3 S17(a), A4 S3(b)

Impeachment trial, presiding officer, A3 S17(c)

Incapacity to serve, A4 S3(b)

Internal improvement trust fund, trustee, A4 S4(f)

Judicial proceedings, initiation, A4 S1(b)

GOVERNOR (Cont.)

Land acquisition trust fund, trustee, A4 S4(f)

Law Enforcement, Department of; agency head, A4 S4(g)

Legislature

Adjournment of session, A3 S3(f)

Apportionment sessions, convening, A3 S16(a), (d)

Meetings between Governor and legislative leadership,

open to public, A3 S4(e)

Message on condition of state, A4 S1(e)

Special session, convening, A3 S3(c)

Veto of bills, A3 S8, A3 S9, A3 S19(b)

Lieutenant Governor, assignment of duties, A4 S2

Militia, calling out, A4 S1(d)

Office location, A2 S2

Pardons, A4 S8(a), (b)

Planning, A3 S19(h), A4 S1(a)

Powers, generally, A4 S1

Proclamations

Apportionment sessions of Legislature, convening,

A3 S16(a), (d)

Seat of government, transfer, A2 S2

Special session of Legislature, convening, A3 S3(c)

Qualifications, A4 S5(b)

Revenue shortfalls, budget reductions, A4 S13

Seat of government, emergency transfer, A2 S2

Supreme executive power, A4 S1(a)

Suspension of officers, A4 S7

Term limitations, A4 S5(b)

Term of office, A4 S5(a), (b)

Vacancy in office, A4 S3(a)

Veterans’ Affairs, Department of; department head, A4 S11

GRAND JURIES, A1 S15(a)

GREYHOUND RACING, A10 S32, A12 S39

GRIEVANCES, PETITION FOR REDRESS OF, A1 S5

HABEAS CORPUS

Circuit courts, A5 S5(b)

District courts of appeal, A5 S4(b)

Grantable of right, A1 S13

Supreme Court, A5 S3(b)

Suspension, A1 S13

HANDICAPPED PERSONS

Deprivation of rights, A1 S2

Tax exemptions, A7 S3(b), A7 S6(e)

HEAD OF FAMILY, A7 S3(b)

HEALTH CARE FACILITIES

Adverse medical incidents, patients’ right to know, A10 S25

HEALTH, DEPARTMENT OF

Medical marijuana use, regulation, A10 S29(d)

HILLSBOROUGH COUNTY, A8 S6(e)

HISTORIC PRESERVATION

Ad valorem tax assessments and exemptions, A7 S3(d),

A7 S4(e), A12 S22

Bond financing, A7 S11(e)

Documents excise tax proceeds, use for protection,

A10 S28(b)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

HOME RULE CHARTERS

Dade County, A8 S6(e)

Hillsborough County, A8 S6(e)

HOMESTEAD PROPERTY

Alienation, A10 S4(c)

Condominiums, A7 S6(a)

Contractual obligations, A10 S4(a)

Devise, A10 S4(c)

Equitable title, A7 S6(a)

Estate by the entirety, A7 S6(a), A10 S4(c)

Exemptions

Forced sale, A10 S4(a), (b)

Judgment lien, A10 S4(a), (b)

Taxation

Disabled first responders, A7 S6(f), A12 S35

Elderly persons, A7 S4(f), A7 S6(d), (e), A12 S26,

A12 S36

Generally, A7 S6, A12 S27

Military personnel deployed in support of military

operations, A7 S3(g), A12 S31

Surviving spouse of deceased first responder, A7 S6(f),

A12 S33

Surviving spouse of deceased veteran, A7 S6(e), (f),

A12 S33, A12 S41

Extent of property, A10 S4(a)

Heirs of owner, A10 S4(b)

Joint ownership, A7 S6(a)

Leasehold, A7 S6(a)

Legal title, A7 S6(a)

Renters, A7 S6(c)

Stock ownership, A7 S6(a)

Surviving spouse, A7 S6(e), (f), A10 S4(b), A12 S33,

A12 S41

Taxes and assessments

Change of assessments, A7 S4(d)

Just value and less than just value assessments,

A7 S4(d), A7 S6(a)

Limitation on assessments (Save-Our-Homes

provisions), A7 S4(d)

Living quarters for parents or grandparents, reduction of

assessments, A7 S4(f)

New homesteads, transfer of Save-Our-Homes benefits,

A7 S4(d), A12 S27, A12 S40

Sale for taxes, A10 S4(a)

Tax exemptions, See subtitle Exemptions sub-subtitle

Taxation, this heading

Veteran disabled due to combat injury, property tax

discount for veteran and surviving spouse, A7 S6(e),

A12 S32, A12 S41

HOMOSEXUAL PERSONS

Same-sex marriage, invalidity, A1 S27

HOUSE OF REPRESENTATIVES

See LEGISLATURE

HOUSING BONDS, A7 S16, A12 S18

HUNTING, A3 S11(a), A4 S9

HURRICANES

Wind damage resistance improvements, taxation, A7 S4(i),

A12 S29

IMPEACHMENT

Acquittal, A3 S17(b), (c)

Cabinet members, A3 S17(a)

IMPEACHMENT (Cont.)

Civil responsibility of impeached officer, A3 S17(c)

Clemency, A4 S8(a)

Conviction, A3 S17(c)

Criminal responsibility of impeached officer, A3 S17(c)

Disqualification from office, A3 S17(b), (c)

Governor, A3 S17(a), A4 S3(b)

House of Representatives, power to impeach, A3 S17

Justices and judges, A3 S17(a), A5 S12(d)

Lieutenant Governor, A3 S17(a)

Misdemeanor in office, A3 S17(a)

Officers liable to impeachment, A3 S17(a)

Power, A3 S17(a)

Presiding officer, impeachment trial, A3 S17(c)

Senate trial, A3 S17(b), (c)

Vacancy in office, temporary appointment, A3 S17(b)

Vote, A3 S17(a), (c)

IMPRISONMENT

(See also PUNISHMENT)

Administrative sentence, A1 S18

Contempt of Legislature, A3 S5

Court-martial, imposition of sentence, A1 S18

Debt, sentence for, A1 S11

Indefinite, A1 S17

Sentences under 1885 Constitution, A12 S7(a)

INALIENABLE RIGHTS, A1 S2

INCOME TAX, A7 S5

INCOMPETENT PERSONS

Disqualification from vote and public office, A6 S4(a)

Homestead property, alienation, A10 S4(c)

INDICTMENTS, A1 S15(a), A1 S16(a)

INDUSTRIAL PLANTS, A7 S10(c)

INFORMATIONS, A1 S15(a), A1 S16(a)

INHERITANCE TAX, A7 S5(a)

INITIATIVES, A10 S30(a), A11 S3, A11 S5(b), (c)

INSTITUTIONS OF HIGHER LEARNING, A7 S15(a),

A9 S1(a), A12 S9(a)

INSURRECTION, A1 S13, A4 S1(d)

INTERNAL IMPROVEMENT TRUST FUND, A4 S4(f)

INVASION

Continuity of government, measures to ensure, A2 S6

Habeas corpus, suspension of writ, A1 S13

Militia, calling out, A4 S1(d)

Seat of government, transfer, A2 S2

JACKSONVILLE, CITY OF, A8 S6(e)

JEOPARDY, DOUBLE, A1 S9

JOINT OWNERSHIP

Governmental body with private entities, A7 S10

Homestead property, A7 S6(a)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

JUDGES

Age limit, A5 S8, A5 S20(e), A12 S37

Appointment, A5 S11(a), (b), (c)

Bar membership, A5 S8, A5 S20(c), (d)

Circuit courts, See CIRCUIT COURTS

Conservators of the peace, A5 S19

County courts, See COUNTY COURTS

Discipline, A5 S12

District courts of appeal, A3 S17(a), A5 S4(a)

Election, A5 S10, A5 S11(b)

Eligibility, A5 S8, A5 S20(d)

Impeachment, A3 S17(a), A5 S12(d)

Involuntary retirement, A5 S12(b), (c)

Judicial nominating commissions, A5 S11, A5 S20(c)

Judicial Qualifications Commission, A2 S8(f), A5 S12,

A5 S20(e)

Lobbying, A12 S38

Nomination, A5 S11

Number, determination, A5 S9

Political party office, holding, A5 S13

Practice of law, A5 S13

Prohibited activities, A5 S13

Qualifications, A5 S8, A5 S20(c), (d)

Removal from office, A5 S12

Reprimand, A5 S12(a)

Retention, A5 S10(a)

Retired judges, temporary duty, A5 S2(b)

Rule of construction, A10 S12

Salaries, A5 S14(a), A5 S20(h), A12 S25

Supreme Court justices, See SUPREME COURT

Suspension, A5 S12(a), (c)

Temporary assignments, A5 S2(b), A5 S3(a)

Terms of office, A5 S10, A5 S11(a), (b)

Transition provisions, A5 S20

Vacancy in office, A5 S10(a), A5 S11

JUDICIAL CIRCUITS

Chief judges, See CIRCUIT COURTS

Circuit courts, generally, See CIRCUIT COURTS

Court serving, A5 S5(a)

Establishment, A5 S1, A5 S20(c)

Judges, generally, See JUDGES

Judicial nominating commissions, A5 S11(d), A5 S20(c)

Public defenders, A5 S18

Redefining, A5 S9

Rules of procedure, A5 S11(d)

State attorneys, A5 S17

Statewide prosecutor, A4 S4(b)

JUDICIAL NOMINATING COMMISSIONS, A4 S4(b), A5 S11,

A5 S20(c)

JUDICIAL POWER, A2 S3, A5 S1

JUDICIAL QUALIFICATIONS COMMISSION, A2 S8(f),

A5 S12, A5 S20(e)

JUDICIARY, A5

JURIES

Grand jury, A1 S15(a)

Impartial, right of accused, A1 S16(a)

Jurors, qualifications and number, A1 S22

Special laws pertaining to, A3 S11(a)

Trial by jury, A1 S22

JUVENILE JUSTICE

Delinquency charges, A1 S15(b)

Trial as adult, A1 S15(b)

Victims’ rights, A1 S16(b), (d)

KEY WEST, CITY OF, A8 S6(e)

LABOR ORGANIZATIONS

Collective bargaining, A1 S6

Right to work, A1 S6

LAND ACQUISITION TRUST FUND

Bond or tax revenues, deposit or credit, A12 S9(a)

Conservation purposes, dedicated use, A10 S28

Trustees, A4 S4(f)

LAW ENFORCEMENT, DEPARTMENT OF, A4 S4(g)

LAW ENFORCEMENT OFFICERS

Killed in line of duty, death benefits for survivors, A10 S31

LAWS

Amendment, A3 S6

Appropriations, A3 S8, A3 S12

Bill of attainder, A1 S10, A1 S17

Bills, See LEGISLATURE

Classification of political subdivisions, A3 S11(b)

Constitution of 1885 provisions, continuance as statutes,

A5 S20(g), A12 S10

County charters, A8 S1(c)

Criminal statutes, effect of repeal, A10 S9

Effective date, A3 S9

Enacting clause, A3 S6

Enactment, A3 S7, A3 S8

Ex post facto law, A1 S10

Florida Statutes, chapter 203, A12 S9(a)

General laws of local application, A3 S11(a), A4 S9

Local laws, A8 S6(d), A10 S12(g)

Ordinances

County, See COUNTIES

Municipal, See MUNICIPALITIES

Preservation upon adoption of Constitution, A12 S6

Prohibited laws, A1 S3, A1 S4, A1 S10, A3 S11(a)

Revision, A3 S6

Special laws

Consolidation of local governments, A8 S3

County charters, A8 S1(c)

County self-government powers, A8 S1(f)

Definition, A10 S12(g)

Notice, intention to enact, A3 S10

Prohibited subjects, A3 S11(a), A4 S9

Superintendents of schools, A9 S5

Subject matter, A3 S6, A3 S11, A3 S12

Title, A3 S6

LEGISLATIVE BUDGET COMMISSION, JOINT,

A3 S19(c), (j)

LEGISLATIVE POWER, A2 S3, A3 S1

LEGISLATURE

Abortions involving minors, powers and duties, A10 S22

Apportionment

Applicability of constitutional provisions, A12 S13

Extraordinary apportionment session, A3 S16(d), (e), (f)

Failure to apportion, A3 S16(b)

Guidelines for redistricting, A3 S21

Joint resolution of apportionment, A3 S16

Judicial reapportionment, A3 S16(b), (f)

Judicial review, A3 S16(c), (d), (e), (f)

Representative districts, A3 S16(a)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

LEGISLATURE (Cont.)

Apportionment (Cont.)

Senatorial districts, A3 S16(a)

Special apportionment session, A3 S16(a), (b)

Time for mandated reapportionment, A3 S16(a)

Validity, A3 S16(c), (d), (e), (f)

Appropriations, See APPROPRIATIONS

Auditor, A3 S2

Bills

Amendment, A3 S7

Amendment of laws, A3 S6

Appropriations, A3 S8, A3 S12, A3 S19(b), (d)

Classification of political subdivisions, A3 S11(b)

Effective date, A3 S9

Enacting clause, A3 S6

Executive approval, A3 S8

Item veto, A3 S8, A3 S19(b)

Origin, A3 S7

Override of veto, A3 S8(c), A3 S9

Passage, A3 S7, A3 S8(a), (c), A3 S9

Presentation to Governor, A3 S8(a)

Readings, A3 S7

Revision of laws, A3 S6

Special laws, A3 S10, A3 S11(a)

Subject matter, A3 S6, A3 S11, A3 S12

Title, A3 S6, A3 S7

Veto, A3 S8, A3 S9, A3 S19(b)

Vote for passage, A3 S7, A3 S8(c), A7 S1(e), A10 S12(e)

Branch of government, A2 S3

Budgeting processes, A3 S19, A7 S1(e)

Business of, A3 S3(c), (d)

Capital projects, approval, A7 S11(f)

Committees

Impeachment investigations, A3 S17(a)

Investigations, A3 S5, A3 S17(a)

Meetings, open to public, A3 S4(e)

Subpoena power, A3 S5

Votes, recording, A3 S4(c)

Witnesses, A3 S4(e), A3 S5

Composition, A3 S1

Concurrent resolutions, A3 S3(e), A5 S9

Constitution

Amendment, A11 S1, A11 S5(a), A12 S14

Schedules, deletion of obsolete items, A5 S20(i),

A8 S6(h), A12 S11

United States, proposed amendment, A10 S1

Contempt, A3 S4(d), A3 S5

Courts

Appellate districts, establishment, A5 S1, A5 S9

Court-martial, authorization, A5 S1

Judges, increasing or decreasing number, A5 S9

Judicial circuits, establishment, A5 S1

Judicial Qualifications Commission rules, repeal,

A5 S12(a)

Rules of practice and procedure, repeal, A5 S2(a),

A5 S11(d)

Supreme Court rules, repeal, A5 S2(a)

Death penalty execution methods, designation, A1 S17

Emergency powers, A2 S6

Enemy attack, power to ensure continuity of government,

A2 S6

General laws requiring local expenditures, limiting ability to

raise revenue or reducing percentage of state tax shared,

A7 S18

Generally, A3

Governor

Adjournment of session, A3 S3(f)

Apportionment sessions, convening by proclamation,

A3 S16(a), (d)

Meetings between Governor and legislative leadership,

open to public, A3 S4(e)

Message on condition of state, A4 S1(e)

LEGISLATURE (Cont.)

Governor (Cont.)

Restoration of capacity, A4 S3(b)

Special session, convening by proclamation, A3 S3(c)

Veto of bills, A3 S8, A3 S9, A3 S19(b)

Historic property tax assessments, allowing county and

municipal ordinances, A7 S4(e)

Homestead property tax exemption for elderly persons,

allowing county and municipal ordinances, A7 S6(d)

House of Representatives

Clerk, A3 S2, A3 S7

Composition, A3 S1

Districts, A3 S1, A3 S15(c), A3 S16(a), A3 S21

Impeachment of officers, A3 S17

Members

Absence, penalties, A3 S4(a)

Assumption of office, A3 S15(d)

Contempt, A3 S4(d)

Disorderly conduct, A3 S4(d)

Election, A3 S1, A3 S2, A3 S15(b)

Expulsion, A3 S4(d)

Qualifications, A3 S2, A3 S15(c)

Representation of clients before government body,

A2 S8(e)

Term limitations, A6 S4(c)

Term of office, A3 S15(b), A12 S14

Vacancy in office, A3 S15(d)

Officers, A3 S2, A3 S3(a)

Quorum, A3 S4(a)

Rules of procedure, A3 S4(a), (e)

Speaker

Constitution Revision Commission, appointment,

A11 S2(a)

Government Efficiency Task Force, appointment,

A3 S19(i)

Impeachment investigation committee, appointment,

A3 S17(a)

Legislative Budget Commission, appointment,

A3 S19(j)

Revenue shortfalls, budget reductions, A4 S13

Selection, A3 S2

Signature, bills and joint resolutions, A3 S7

Taxation and Budget Reform Commission,

appointment, A11 S6(a)

Income tax rate, increase authorization, A7 S5

Investigations, A3 S5, A3 S17(a)

Joint resolutions, A3 S7, A3 S16, A11 S1

Journals

Bill titles, publication, A3 S7

Constitutional amendment resolution, A11 S1

Governor’s vetoes, entry, A3 S8(b)

Publication, A3 S4(c)

Requirement, A3 S4(c)

Votes of members, A3 S4(c), A3 S7, A3 S8(c)

Legislative Budget Commission, Joint, A3 S19(c), (j)

Legislative power, A2 S3, A3 S1

Marine net fishing violations, enactment of more stringent

penalties, A10 S16(e)

Meetings, open to the public, A1 S24(b), A3 S4(e)

Minimum wage for Floridians, powers, A10 S24(f)

Motor vehicle license revenues, legislative restrictions,

A12 S9(d)

Pardon, treason cases, A4 S8(b)

Planning documents, review, A3 S19(h)

Public education capital projects, authorization, A12 S9(a)

Public financing of campaigns for statewide offices, funding,

A6 S7

Punishment power, A3 S4(d), A3 S5

Reapportionment, See subtitle Apportionment, this heading

Records of legislative branch, access to, A1 S24

Revenue collection limitation, increase by two-thirds vote,

A7 S1(e)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

LEGISLATURE (Cont.)

School capital outlay projects, authorization, A12 S9(a)

Senate

Appointment or removal of public officers, A3 S4(b),

A4 S6(a)

Closed sessions, A3 S4(b)

Composition, A3 S1

Confirmation of appointments

Education, State Board of, A9 S2

Fish and Wildlife Conservation Commission, A4 S9

Militia general officers, A10 S2(c)

Requirement, A4 S6(a)

State University System Statewide Board of Governors,

A9 S7(d)

Districts, A3 S1, A3 S15(a), (c), A3 S16(a), A3 S21

Impeachment trial, A3 S17(b), (c)

Officers, A3 S2, A3 S3(a)

President

Constitution Revision Commission, appointment,

A11 S2(a)

Government Efficiency Task Force, appointment,

A3 S19(i)

Legislative Budget Commission, appointment,

A3 S19(j)

Revenue shortfalls, budget reductions, A4 S13

Selection, A3 S2

Signature, bills and joint resolutions, A3 S7

Special sessions, convening, A4 S7(b)

Taxation and Budget Reform Commission,

appointment, A11 S6(a)

Quorum, A3 S4(a)

Rules of procedure, A3 S4(a), (e)

Secretary, A3 S2, A3 S7

Senators

Absence, penalties, A3 S4(a)

Assumption of office, A3 S15(d)

Contempt, A3 S4(d)

Disorderly conduct, A3 S4(d)

Election, A3 S1, A3 S2, A3 S15(a)

Expulsion, A3 S4(d)

Qualifications, A3 S2, A3 S15(c)

Representation of clients before government body,

A2 S8(e)

Term limitations, A6 S4(c)

Term of office, A3 S15(a), A12 S12

Vacancy in office, A3 S15(d)

Special sessions, A4 S7(b)

Suspended officers, removal or reinstatement, A4 S7(b)

Sessions

Adjournment, A3 S3(e), (f), A3 S4(a)

Apportionment sessions

Extraordinary, A3 S16(d), (e), (f)

Regular, A3 S16(a)

Special, A3 S16(a), (b)

Closed, A3 S4(b)

Extension, A3 S3(d)

Length, A3 S3(d)

Location, A2 S2

Organization sessions, A3 S3(a)

Public, A3 S4(b)

Regular sessions, A3 S3(b), (d), (f), A3 S8(b)

Special sessions, A3 S3(c), (d), (f), A3 S8(b),

A3 S16(a), (b), A4 S7(b)

Slot machines in Broward and Miami-Dade Counties, duties,

A10 S23(b)

Subpoena power, A3 S5

United States Constitution, proposed amendment, A10 S1

Voting, A3 S4(c), A3 S7, A3 S8(c), A10 S12(e)

Witnesses, A3 S4(e), A3 S5

LEON COUNTY, A2 S2

LICENSING BOARDS, A4 S6(b)

LIENS

Exempt property, A10 S4(a)

Intangible personal property tax, obligations secured by lien,

A7 S2

Special laws pertaining to, A3 S11(a)

LIEUTENANT GOVERNOR

Acting Governor, A4 S3(b)

Creation of office, A4 S2

Duties, A4 S2

Election, A4 S5(a)

Executive departments, supervision, A4 S6

Impeachment, A3 S17(a)

Office location, A2 S2

Qualifications, A4 S5(b)

Succession to office of Governor, A4 S3(a)

Term limitations, A6 S4(c)

Term of office, A4 S5(a)

LIFE AND LIBERTY, RIGHT TO, A1 S2

LOBBYING, A12 S38

LOCAL GOVERNMENT

Bond financing, See BONDS

Classification in general laws, A3 S11(b)

Consolidation, A8 S3, A8 S6(e)

Counties, See COUNTIES

Credit, pledging, A7 S10

Districts, See SPECIAL DISTRICTS

Electric generation and transmission facilities, A7 S10(d)

Generally, A8

Home rule, A8 S6(e)

Joint ownership with private entities, A7 S10

Municipalities, See MUNICIPALITIES

Public funds, investment, A7 S10(a), (b)

Taxes, A7 S9

Taxing power, limitation, A7 S10

Transfer of powers, A8 S4

LOTTERIES, A10 S7, A10 S15

MANDAMUS

Circuit courts, A5 S5(b)

District courts of appeal, A5 S4(b)

Supreme Court, A5 S3(b)

MANUFACTURING PLANTS, A7 S10(c)

MARIJUANA (MEDICAL), A10 S29

MARINE ANIMALS

See FISHING

MARINE FISHERIES COMMISSION, A12 S23

MARRIAGE

Same-sex marriage, invalidity, A1 S27

MEDICAL MARIJUANA, A10 S29

MEDICAL NEGLIGENCE, A1 S26, A10 S25, A10 S26

MIAMI-DADE COUNTY, A8 S6(e), (f), (g), A10 S23

Index CONSTITUTION OF THE STATE OF FLORIDA Index

MILITARY AFFAIRS, DEPARTMENT OF, A1 S18

MILITARY PERSONNEL

Killed in line of duty, death benefits for survivors, A10 S31

Tax exemption, A7 S3(g), A12 S31

MILITARY POWER, A1 S7

MILITIA

Adjutant General, A10 S2(c), (d)

Call to duty, A4 S1(d)

Commander-in-chief, A4 S1(a)

Composition, A10 S2(a)

Courts-martial, A1 S15(a)

National Guard, A7 S3(g), A10 S2(d), A12 S31

Officers

Appointment, A10 S2(c)

Holding public office, A2 S5(a)

Suspension, A4 S7(a), (b)

Organization, maintenance, and discipline, A10 S2(b)

Power subordinate to civil, A1 S7

MINIMUM WAGE, A10 S24

MINORITIES

Congressional or legislative redistricting, effect on, A3 S20,

A3 S21

MINORS

See CHILDREN

MISCELLANEOUS PROVISIONS, A10

MOBILE HOMES, A7 S1(b)

MONROE COUNTY, A8 S6(e)

MORTGAGES, A7 S2

MOTOR VEHICLES

Ad valorem taxes, A7 S1(b)

Fuel taxes, A7 S17(b), A12 S9(c)

License revenues, A12 S9(d)

License tax, A7 S1(b)

Trailers and trailer coaches, A7 S1(b)

MUNICIPALITIES

Abolishment, A8 S2(a)

Ad valorem taxation, A7 S9, A12 S2

Annexation, A8 S2(c)

Bond financing, A7 S10(c), A7 S12

Charter, A4 S7(c), A8 S2(a)

Civil service system, A3 S14

Consolidation of local governments, A8 S3, A8 S6(e)

Courts, A5 S20(d)

Credit, pledging, A7 S10

Dade County, Metropolitan Government of, A8 S6(f)

Elections, A6 S6

Electric generation and transmission facilities, A7 S10(d)

Establishment, A8 S2(a)

Extraterritorial powers, A8 S2(c)

Indebtedness, certificates of, A7 S12

Investment of public funds, A7 S10(a), (b)

Jacksonville, City of, A8 S6(e)

Joint ownership with private entities, A7 S10

Key West, City of, A8 S6(e)

Legislative bodies, A8 S2(b)

Mandated expenditure of funds, funding by Legislature,

A7 S18(a)

Meetings, access to, A1 S24(b)

MUNICIPALITIES (Cont.)

Mergers, A8 S2(c)

Officers

Continuance in office, A8 S6(c)

Holding other offices, A2 S5(a)

Prosecutor, A5 S17, A5 S20(c)

Suspension from office, A4 S7(c)

Ordinances

Community and economic development tax exemptions,

A7 S3(c)

Conflict with county ordinances, A8 S1(f), (g)

Historic properties, A7 S3(d), A7 S4(e), A12 S22

Homestead property tax exemption for elderly persons,

A7 S6(d)

Violations, prosecution, A5 S17

Pollution control facilities, state bond financing, A7 S14

Powers, A8 S2(b), (c), A8 S6(b)

Property owned by, taxation, A7 S3(a)

Property within, taxation by county, A8 S1(h)

Reduction of authority to raise revenue, legislative approval,

A7 S18(b)

State aid, A7 S8

State tax revenues, legislative approval of reduction,

A7 S18(c)

Status, continuation upon adoption of Constitution, A8 S6(b)

Tallahassee, City of, A2 S2

Tax anticipation certificates, A7 S12

Taxes, A7 S9, A12 S2

Taxing power, limitation, A7 S10

Transfer of function or power, A8 S4

Utility services gross receipts tax, payment, A12 S9(a)

Waste disposal facilities, state bond financing, A7 S14

Water facilities, state bond financing, A7 S14

NATIONAL GUARD, A7 S3(g), A10 S2(d), A10 S31, A12 S31

NATIONAL ORIGIN DISCRIMINATION, A1 S2

NATIVE AMERICANS

Gaming compacts, A10 S30(c)

NATURAL RESOURCES

Conservation and protection

Bond financing, A7 S11(e), A12 S9(a)

Debt service on bonds, A10 S28(b)

Document excise tax proceeds, use for conservation

purposes, A10 S28

Everglades Trust Fund, disbursements, A10 S17(a), (c)

General provisions, A2 S7(a)

Oil and gas drilling in Florida territorial waters, prohibition,

A2 S7(c)

Scenic beauty, A2 S7(a)

State conservation lands, disposition restrictions,

A10 S18

Taxation of land held for conservation purposes, A7 S3(f),

A7 S4(b), A12 S28

Fish and marine animals, See FISHING

Noise abatement, A2 S7(a)

Pollution control and abatement, A2 S7, A7 S14

Recreation land acquisition and improvement, bond

issuance, A7 S11(e), A12 S9(a)

NAVIGABLE WATERS, A10 S11

NET FISHING, A10 S16

NOISE POLLUTION, A2 S7(a)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

NOTARIES PUBLIC, A2 S5(a)

OATHS

Electors, A6 S3

Public officers, A2 S5(b)

OCCUPATIONAL REGULATION

Licensing boards, A4 S6(b)

Special laws pertaining to, A3 S11(a)

OFFICIAL LANGUAGE, A2 S9

OIL AND GAS DRILLING, A2 S7(c)

OPEN MEETINGS, A1 S24(b), (c), (d), A3 S4(e), A12 S20

ORDINANCES

County, See COUNTIES

Municipal, See MUNICIPALITIES

OUTDOOR RECREATION, A7 S11(e), A10 S28(b),

A12 S9(a)

PARAMEDICS

Killed in line of duty, death benefits for survivors, A10 S31

PARDON, A4 S8(a), (b)

PARENT AND CHILD

Abortion involving minor, prior notification of parent,

A10 S22

PARI-MUTUEL GAMBLING, A7 S7, A10 S7, A10 S23

PAROLE, A1 S16(b), A4 S8(c)

PAROLE AND PROBATION COMMISSION, A4 S8(c)

PENSION SYSTEMS (PUBLIC), A2 S8(d), A10 S14

PETITION

Constitutional amendment initiative, A11 S3, A11 S5(b)

Constitutional convention call, A11 S4(a)

Redress of grievances, A1 S5

PHYSICIANS

Medical marijuana use, certification, A10 S29(a)

Repeated medical malpractice, public protection, A10 S26

PIGS, A10 S21

PLANNING

Governor, responsibility, A3 S19(h), A4 S1(a)

State planning processes and planning documents,

A3 S19(a), (h)

POLITICAL PARTIES, A5 S13, A6 S1

POLITICAL POWER, A1 S1

POLITICAL SUBDIVISIONS

Classification in general laws, A3 S11(b)

Counties, See COUNTIES

POLITICAL SUBDIVISIONS (Cont.)

Municipalities, See MUNICIPALITIES

Special districts, See SPECIAL DISTRICTS

POLLUTION CONTROL AND ABATEMENT, A2 S7, A7 S14

PORT FACILITIES, A7 S10(c)

POWERS OF GOVERNMENT

Executive power, A2 S3, A4 S1(a)

Judicial power, A2 S3, A5 S1

Legislative power, A2 S3, A3 S1

Military power, A1 S7

Political power, A1 S1

Separation of powers, A2 S3

PREGNANT PIGS, A10 S21

PRESS, FREEDOM OF, A1 S4

PRETRIAL RELEASE AND DETENTION, A1 S14, A1 S16(b)

PRIVACY, RIGHT OF, A1 S23, A10 S22

PROBATION, A4 S8(c)

PROHIBITION, WRIT OF, A5 S3(b), A5 S4(b), A5 S5(b)

PROPERTY

Acquisition, possession, and protection; rights of, A1 S2

Ad valorem taxes, See TAXATION

Curtesy, A10 S5

Deprivation without due process of law, A1 S9

Dower, A10 S5

Drainage easements, A10 S6(b)

Eminent domain, A10 S6

Forced sale, exemptions from, A10 S4

Homestead, See HOMESTEAD PROPERTY

Leases, publicly financed facilities, A7 S10(c)

Liens, A3 S11(a), A7 S2, A10 S4

Married women, A10 S5

Municipal property, taxation, A7 S3(a)

Recreation lands, state bond financing, A12 S9(a)

Rights to acquire, possess, and protect, A1 S2

Sovereignty lands, A10 S11

Special laws pertaining to, A3 S11(a)

Submerged lands, A10 S11

Taking for public purposes, A10 S6

Taxation, See TAXATION subtitle Ad valorem taxes

PROPERTY APPRAISERS, A8 S1(d)

PUBLIC DEFENDERS, A5 S14(a), (c), A5 S18, A12 S25

PUBLIC EMPLOYEES

Abuse of public position, A2 S8(g), A12 S38

Breach of public trust, A2 S8(c), (d), (f)

Civil service system, A3 S14

Conflicts of interest, A2 S8(g), A3 S18

Ethics, code of, A2 S8, A3 S18

Financial interests, disclosure, A2 S8

Records, access to, A1 S24(a)

Representation of clients before government body, A2 S8(e)

Strike, right to, A1 S6

PUBLIC LANDS, A10 S11, A12 S9(a)

PUBLIC MEETINGS

Access to and notice of, A1 S24(b), (c), (d), A3 S4(e),

A12 S20

Index CONSTITUTION OF THE STATE OF FLORIDA Index

PUBLIC MEETINGS (Cont.)

Legislature, A3 S4(e)

PUBLIC OFFICERS

Abuse of public position, A2 S8(g), A12 S38

Bond, A2 S5(b)

Breach of public trust, A2 S8(c), (d), (f)

Campaign finances, disclosure, A2 S8(b)

Civil service system, A3 S14

Compensation, A2 S5(c), A3 S12, A12 S3

Conflicts of interest, A2 S8(g), A3 S18

Continuance in office upon adoption of Constitution,

A8 S6(c), A12 S3

County officers, See COUNTIES

Creation of office, limitation of term of office, A3 S13

Ethics, code of, A2 S8, A3 S18

Felons, disqualification from holding office, A6 S4(a)

Financial interests, disclosure, A2 S8

Holding other offices, A2 S5(a)

Impeachment, See IMPEACHMENT

Lobbying, A12 S38

Mentally incompetent persons, disqualification from holding

office, A6 S4(a)

Municipal officers, See MUNICIPALITIES

Oath of office, A2 S5(b)

Powers and duties, A2 S5(b), (c)

Quasi-judicial power, A5 S1

Records, access to, A1 S24(a)

Representation of clients before government body, A2 S8(e)

Special laws pertaining to, A3 S11(a)

Succession, enemy attack emergency, A2 S6

Suspension from office, A4 S7

Terms of office, See TERMS OF OFFICE

Vacancies in office, See VACANCY IN OFFICE

PUBLIC RECORDS

Access to, A1 S24(a), (c), (d), A12 S20

Exemptions from disclosure, A1 S24(a), (c)

PUNISHMENT

Abuse of public position, A2 S8(g), A12 S38(b)

Administrative penalties, A1 S18

Breach of public trust, A2 S8(c), (d)

Clemency, A1 S16(b), A4 S8

Contempt, A3 S4(d), A3 S5

Costs, payment by accused, A1 S19

County ordinance violations, A8 S1(j)

Court-martial, A1 S18

Cruel and unusual, A1 S17

Death penalty, A1 S17, A5 S3(b)

Dogracing, A10 S32

Excessive, A1 S17

Imprisonment for debt, A1 S11

Judges, discipline, A5 S12(a), (c), (e)

Juvenile delinquents, A1 S15(b)

Legislators, A3 S4(a), (d)

Pardon, A4 S8(a), (b)

Parole, A1 S16(b), A4 S8(c)

Penalties, fines, and forfeitures under 1885 Constitution,

A12 S7(a)

Probation, A4 S8(c)

Sentences under 1885 Constitution, A12 S7(a)

Special laws pertaining to, A3 S11(a)

Witnesses, legislative investigation, A3 S5

QUASI-JUDICIAL POWER, A5 S1

QUO WARRANTO, WRIT OF, A5 S3(b), A5 S4(b), A5 S5(b)

RACIAL DISCRIMINATION, A1 S2

RACING (DOGS), A10 S32, A12 S39

REBELLION, A1 S13, A4 S1(d)

RECORDS CUSTODIAN

See CUSTODIAN OF STATE RECORDS

RECREATION LANDS AND FACILITIES, A12 S9(a)

RELIGION

Discrimination based on, A1 S2

Establishment and free exercise of, A1 S3

Military duty, exemption, A10 S2(a)

Property used for religious purposes, tax exemption,

A7 S3(a)

Public revenue in aid of, A1 S3

RELIGIOUS FREEDOM, A1 S3

RENEWABLE ENERGY SOURCE DEVICES

Ad valorem tax assessment, prohibition of consideration of

installation, A7 S4(i), A12 S29, A12 S34

Ad valorem tax exemption, A7 S3(e), A12 S19, A12 S34

RESIDENCE

Cabinet members, A4 S5(b)

County commissioners, A8 S1(e)

Electors, A6 S2

Governor, A4 S5(b)

Homestead, A7 S6(a), A10 S4(a)

Judges, A5 S3(a), A5 S8

Legislators, A3 S15(c)

Lieutenant Governor, A4 S5(b)

Public defenders, A5 S18

State attorneys, A5 S17

Supreme Court justices, A5 S3(a)

RETIREMENT SYSTEMS (PUBLIC), A2 S8(d), A10 S14

REVENUE

(See also STATE FUNDS; TAXATION)

Aid to church, sect, or religious denomination, A1 S3

Bond repayment, A7 S11(d)

Court fees, funding clerks of circuit and county courts,

A5 S14(b)

Gross receipts tax, application, A12 S9(a)

License fees, Fish and Wildlife Conservation Commission,

A4 S9

Limitation on collection, A7 S1(e), A11 S3, A12 S21

Local government authority to raise revenue, reduction by

Legislature, A7 S18(b)

Motor vehicle fuel taxes, allocation, A7 S17(b), A12 S9(c)

Motor vehicle license revenues, A12 S9(d)

New fees imposed by constitutional amendment, approval

by two-thirds of voters, A11 S7

Pari-mutuel taxes, allocation, A7 S7

Raising to defray state expenses, A7 S1(d)

Revenue shortfalls, budget reductions, A3 S19(h), A4 S13

Second gas tax, allocation, A12 S9(c)

State universities; supermajority to impose, authorize, or

raise fees, A9 S7(e)

Supermajority vote to impose, authorize, or raise state fees,

A7 S19

Taxation and Budget Reform Commission, review of

revenue needs, A11 S6(d)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

REVENUE BONDS

See BONDS

REVISION

See AMENDMENT

RIGHT OF PRIVACY, A1 S23, A10 S22

RIGHT TO ASSEMBLE, A1 S5

RIGHT TO BEAR ARMS, A1 S8(a)

RIGHT TO WORK, A1 S6

RIGHTS, DECLARATION OF, A1

RIGHTS OF ACCUSED, A1 S16(a), A1 S19

RIGHTS OF TAXPAYERS, A1 S25

RIGHTS OF VICTIMS OF CRIME, A1 S16(b), (c), (d), (e)

RIGHTS, PROPERTY, A1 S2

ROADS AND HIGHWAYS, A3 S11(a), A7 S17, A12 S9(b), (c)

SCENIC BEAUTY, A2 S7(a)

SCHEDULES

Bonds, A12 S9, A12 S18

Broward County, A8 S6(g)

Conflicting provisions, A12 S17

Conservation property, ad valorem tax exemption and tax

assessment, A12 S28

Consolidation and home rule, A8 S6(e)

Constitution of 1885 superseded, A12 S1

County officers, selection and duties, A8 S6(g)

Deletion of obsolete items, A5 S20(i), A8 S6(h), A12 S11

Dogracing prohibition, A12 S39

Education, Commissioner of, A12 S4, A12 S6(b)

Ethics in government, A2 S8(i)

Executive branch reform, A12 S24(a)

Existing government, preservation, A12 S10

Game and Fresh Water Fish Commission, abolishment,

A12 S23(c), (d)

Historic property, ad valorem tax exemption and tax

assessment, A12 S22

Homestead property, A12 S26, A12 S27, A12 S31,

A12 S32, A12 S33, A12 S35, A12 S36, A12 S40,

A12 S41

Judicial Qualifications Commission, A5 S12(f)

Judiciary, A5 S12(f), A5 S20, A12 S25

Laws preserved, A12 S6

Legislative apportionment, A12 S13

Local governments, A8 S6

Marine Fisheries Commission, abolishment, A12 S23(c), (d)

Miami-Dade County, A8 S6(f), (g)

Officers to continue in office, A8 S6(c), A12 S3

Ordinances, A8 S6(d)

Property taxes, A12 S2, A12 S27

Public debts recognized, A12 S8

Public positions, abuse, A12 S38

Public records and meetings, access to, A12 S20

Renewable energy source devices, taxation, A12 S19,

A12 S29, A12 S34

Reorganization of executive departments, A12 S16

Representatives, A12 S14

SCHEDULES (Cont.)

Revenue limitation, A12 S21

Rights reserved, A12 S7

Senators, A12 S12

Solar devices, taxation, A12 S34

Special district taxes, A12 S15

Superintendents of schools, A12 S5, A12 S6(b)

Transition from 1885 Constitution, A12

Veteran disabled due to combat injury, homestead property

tax discount, A12 S32

Veteran disabled due to combat injury, homestead property

tax discount for surviving spouse, A12 S41

Wind damage resistance improvements, taxation, A12 S29

Working waterfront property, ad valorem tax assessment,

A12 S30

SCHOOL BOARDS, A9 S4, A9 S5, A12 S9(d)

SCHOOL DISTRICTS

Ad valorem taxes, A7 S6(a), A7 S9, A9 S4(b)

Bonds, A7 S12

Boundaries, A9 S4(a)

Capital projects financing, A7 S12(a), A12 S9(a), (d)

Credit, pledging, A7 S10

Indebtedness, certificates of, A7 S12

Investment of public funds, A7 S10(a), (b)

Joint educational programs, A9 S4(b)

Joint ownership with private entities, A7 S10

Meetings, access to, A1 S24(b)

Motor vehicle licensing revenue, distribution, A12 S9(d)

School boards, A9 S4, A9 S5, A12 S9(d)

State aid, A7 S8

Superintendents of schools, A9 S5, A12 S5, A12 S6(b)

Tax anticipation certificates, A7 S12

Taxes, A7 S6(a), A7 S9, A9 S4(b)

Taxing power, limitation, A7 S10

SCHOOLS

See EDUCATION

SCHOOLS, SUPERINTENDENTS OF, A9 S5, A12 S5,

A12 S6(b)

SEAL (STATE), A2 S4

SEARCH WARRANTS, A1 S12

SEARCHES AND SEIZURES, A1 S12

SEAT OF GOVERNMENT, A2 S2

SELF-INCRIMINATION, A1 S9

SENATE

See LEGISLATURE

SEPARATION OF POWERS, A2 S3

SHERIFFS, A5 S3(c), A5 S4(c), A8 S1(d)

SLOT MACHINES, A10 S23

SMOKING, A10 S20, A10 S27

SOLAR DEVICES, A7 S3(e), A7 S4(i), A12 S34

SOUTH FLORIDA WATER MANAGEMENT DISTRICT,

A10 S17

SOVEREIGNTY LANDS, A10 S11

Index CONSTITUTION OF THE STATE OF FLORIDA Index

SPECIAL DISTRICTS

Ad valorem taxation, A7 S9, A12 S2, A12 S15

Bond financing, A7 S10(c), A7 S12

Civil service system, A3 S14

Credit, pledging, A7 S10

Elections, A6 S6

Electric generation and transmission facilities, A7 S10(d)

Indebtedness, certificates of, A7 S12

Investment of public funds, A7 S10(a), (b)

Joint ownership with private entities, A7 S10

Meetings, access to, A1 S24(b)

Pollution control facilities, state bond financing, A7 S14

State aid, A7 S8

Status, continuation upon adoption of Constitution, A8 S6(b)

Tax anticipation certificates, A7 S12

Taxes, A7 S9, A12 S2, A12 S15

Taxing power, limitation, A7 S10

Transfer of function or power, A8 S4

Waste disposal facilities, state bond financing, A7 S14

Water facilities, state bond financing, A7 S14

SPECIAL LAWS

See LAWS

SPEECH, FREEDOM OF, A1 S4

STATE ATTORNEYS

Generally, A5 S17

Office funding, A5 S14(a), (c), A12 S25

Speedy trial demand, A1 S16(b)

Transition provisions, A5 S20(e)

Victims’ rights, enforcement, A1 S16(c)

STATE BOUNDARIES, A2 S1

STATE COLLEGES, A7 S15(a), A9 S8, A12 S9(a), (d)

STATE FLAG, A2 S4

STATE FUNDS

(See also REVENUE)

Aid to local governments, A7 S8

Appropriations, See APPROPRIATIONS

Chief financial officer, duties, A4 S4(c)

Investment, A7 S10(a), (b)

Mandated expenditure of funds by local governments,

funding by Legislature, A7 S18(a)

Money drawn from treasury, A7 S1(c)

School fund, A9 S6

Trust funds, See TRUST FUNDS (PUBLIC)

STATE RETIREMENT SYSTEMS, A2 S8(d), A10 S14

STATE SEAL, A2 S4

STATE, SECRETARY OF, A12 S24(b)

STATE TREASURY, A7 S1(c)

STATE UNIVERSITIES, A7 S15(a), A9 S1(a), A9 S7,

A12 S9(a)

STATEWIDE PROSECUTOR, A4 S4(b)

STUDENT LOANS, A7 S15

SUBMERGED LANDS, A10 S11

SUITS AGAINST STATE, A10 S13

SUPERINTENDENTS OF SCHOOLS, A9 S5, A12 S5,

A12 S6(b)

SUPERVISORS OF ELECTIONS, A8 S1(d)

SUPREME COURT

(See also COURTS)

Advisory opinions, A4 S1(c), A4 S10, A5 S3(b)

Appellate districts, recommendations for redefining, A5 S9

Attorneys, admission to practice of law and discipline,

A5 S15

Chief justice

Appeals and collateral attacks on judgment, report on

completion, A1 S16(b)

Appointment, A5 S2(b)

Assignment of temporary judges, A5 S2(b)

Constitution Revision Commission members,

appointment, A11 S2(a)

Impeachment trials, presiding, A3 S17(c)

Revenue shortfalls, budget reductions, A4 S13

Clerk, A5 S3(c)

Death penalty, review, A5 S3(b)

Decisions, A5 S3(a)

Direct appeal, A5 S3(b)

Discipline of justices and judges, A5 S12(a), (c), (e)

District court of appeal decisions, review, A5 S3(b)

Final judgments and orders, review, A5 S3(b)

Governor

Advisory opinions, A4 S1(c)

Incapacity determination, A4 S3(b)

Habeas corpus, writ of, A5 S3(b)

Initiative petitions, review, A4 S10, A5 S3(b)

Judges

Certificates of need, A5 S9

Discipline, A5 S12(c)

Temporary assignment to Supreme Court, A5 S3(a)

Judicial circuits, recommendations for redefining, A5 S9

Judicial nominating commission, A4 S4(b), A5 S11(d)

Judicial power vested in, A5 S1

Judicial Qualifications Commission, powers and duties,

A5 S12

Jurisdiction, A5 S3(b), A5 S20(c)

Justices

(See also JUDGES)

Age limit, A5 S8, A5 S20(e), A12 S37

Chief Justice, See subtitle Chief justice, this heading

Definition, A5 S20(c), A10 S12(f)

Discipline, A5 S12(a), (c), (e)

Election, A5 S10(a)

Impeachment, A3 S17(a)

Judges, temporary assignment, A5 S3(a)

Lobbying, A12 S38

Number, A5 S3(a)

Political party office, holding, A5 S13

Practice of law, A5 S13

Quorum, A5 S3(a)

Recusal, A5 S3(a)

Residency requirement, A5 S3(a)

Retention, A5 S10(a)

Retired, temporary duty, A5 S2(b)

Temporary duty with other courts, A5 S2(b)

Term of office, A5 S10(a)

Transition provisions, A5 S20(e)

Vacancy in office, A5 S10(a)

Legislative apportionment

Apportionment orders, A3 S16(b), (f)

Declaratory judgments of validity, A3 S16(c), (d), (e), (f)

Location, A2 S2

Mandamus, writ of, A5 S3(b)

Marshal, A5 S3(c)

Organization, A5 S3(a)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

SUPREME COURT (Cont.)

Process, A5 S3(c)

Prohibition, writ of, A5 S3(b)

Quo warranto, writ of, A5 S3(b)

Quorum, A5 S3(a)

Regulatory agency actions, review, A5 S3(b)

Rules

Appellate districts, criteria for redefining, A5 S9

Appellate review, interlocutory orders, A5 S4(b)

Chief circuit court judges, selection, A5 S2(d)

Court practice and procedure, A5 S2(a), A5 S11(d)

Judges, determination of need, A5 S9

Judicial circuits, criteria for redefining, A5 S9

Military law questions, advisory opinions, A5 S2(a)

Trial court judgments and orders, review, A5 S3(b)

United States courts, certified questions of law, A5 S3(b)

United States Supreme Court, A1 S12, A1 S17, A5 S3(b),

A10 S22

Writs, power to issue, A5 S3(b)

TALLAHASSEE, CITY OF, A2 S2

TAX COLLECTORS, A8 S1(d)

TAXATION

Ad valorem taxes

Agricultural land, A7 S4(a)

Aquifer recharge lands, A7 S4(a)

Assessment of property, A7 S4, A7 S8, A7 S13, A12 S27

Bonds payable from, A7 S12

Businesses, new or expanding, A7 S3(c)

Conservation property, A7 S3(f), A7 S4(b), A12 S28

Counties, A7 S9, A8 S1(h), A12 S2

Educational, literary, scientific, religious, or charitable-use

property, A7 S3(a)

Exemptions, A7 S3, A7 S4(c), A7 S6, A12 S19, A12 S27,

A12 S28, A12 S34

Historic properties, A7 S3(d), A12 S22

Homestead property, See HOMESTEAD PROPERTY

Illegal assessments, relief from, A7 S13

Intangible personal property, A7 S2, A7 S9(a)

Leases, publicly financed facilities, A7 S10(c)

Livestock, A7 S4(c)

Local governments, A7 S9

Millage, A7 S2, A7 S9(b), A12 S2

Mortgages, obligations secured by, A7 S2

Municipal properties, A7 S3(a)

Municipalities, A7 S9, A12 S2

Property appraisers, A8 S1(d)

Property within municipalities, benefit for county

unincorporated areas, A8 S1(h)

Rates, A7 S2, A7 S9(b), A12 S2

Real property

Change of assessments, A7 S4(g), (h), A12 S27

Exemptions, A7 S3, A7 S6

Local taxes, A7 S9

Rate, A7 S2, A7 S9(b)

State tax, A7 S1(a)

Valuation, A7 S4

Recreational lands, A7 S4(a)

Renewable energy source devices, See RENEWABLE

ENERGY SOURCE DEVICES

Renters, tax relief, A7 S6(c)

Residential property containing nine units or fewer,

A7 S4(g), A12 S27

School purposes, A7 S6(a), A7 S9, A9 S4(b)

Solar devices, A7 S3(e), A7 S4(i), A12 S34

Special districts, A7 S9, A12 S2, A12 S15

TAXATION (Cont.)

Ad valorem taxes (Cont.)

State, A7 S1(a)

Stock-in-trade, A7 S4(c)

Tangible personal property

Exemptions, A7 S1(b), A7 S3(c), (e), A7 S4(c), A12 S27

Local taxes, A7 S9

Rate, A7 S2, A7 S9(b)

State tax, A7 S1(a)

Valuation, A7 S4(c)

Tax anticipation certificates, A7 S12

Valuation of property, A7 S4

Voter authorization, A7 S9(b)

Water management purposes, A7 S9(b)

Wind damage resistance improvements, A7 S4(i),

A12 S29

Working waterfront properties, A7 S4(j), A12 S30

Airplanes, A7 S1(b)

Boats, A7 S1(b)

Conservation property, A7 S3(f), A7 S4(b), A12 S28

Consolidation of local governments, A8 S3

Corporation income tax, A7 S5(b)

Counties, A7 S9, A8 S1(h), A12 S2

Document excise tax proceeds, use for conservation

purposes, A10 S28

Estate tax, A7 S5(a)

Exemptions

Ad valorem taxes, A7 S3, A7 S4(c), A12 S19, A12 S27,

A12 S28, A12 S34

Blind persons, A7 S3(b)

Community and economic development, new or

expanded businesses, A7 S3(c)

Conservation property, A7 S3(f), A12 S28

Disabled persons, A7 S3(b)

Elderly persons, A7 S4(f), A12 S26, A12 S36

Heads of family, A7 S3(b)

Historic properties, A7 S3(d)

Homestead property, See HOMESTEAD PROPERTY

subtitle Exemptions sub-subtitle Taxation

Household goods and personal effects, A7 S3(b)

Military personnel deployed in support of military

operations, A7 S3(g), A12 S31

Municipal property, A7 S3(a)

Renewable energy source devices, A7 S3(e), A12 S19,

A12 S34

Solar devices, A7 S3(e), A12 S34

Tangible personal property, A7 S1(b), A7 S3(c), (e),

A7 S4(c), A12 S27

Widows and widowers, A7 S3(b)

Gas tax, A12 S9(c)

Generally, A7

Gross receipts tax, utility services, A12 S9(a)

Historic properties, A7 S3(d), A7 S4(e), A12 S22

Homestead property, See HOMESTEAD PROPERTY

Illegal taxes, relief from, A7 S13

Income tax, A7 S5

Inheritance tax, A7 S5(a)

Leases, publicly financed facilities, A7 S10(c)

License tax, A7 S1(b)

Limitations

Consolidation of county and municipalities, effect, A8 S3

Pledging credit of state or political subdivisions, A7 S10

Revenue collection limitations, A7 S1(e), A11 S3,

A12 S21

Unincorporated areas, A8 S1(h)

Local taxes, A7 S9

Mobile homes, A7 S1(b)

Motor vehicles

Ad valorem taxes, A7 S1(b)

Fuel taxes, A7 S17(b), A12 S9(c)

License tax, A7 S1(b)

Municipalities, A7 S9, A12 S2

Index CONSTITUTION OF THE STATE OF FLORIDA Index

TAXATION (Cont.)

Natural persons, A7 S5(a)

New State taxes imposed by constitutional amendment,

approval by two-thirds vote of voters, A11 S7

Pari-mutuel tax, A7 S7

Raising sufficient revenue, A7 S1(d)

Renewable energy source devices, See RENEWABLE

ENERGY SOURCE DEVICES

Renters, tax relief, A7 S6(c)

Revenue, generally, See REVENUE

School districts, A7 S6(a), A7 S9, A9 S4(b)

Second gas tax, A12 S9(c)

Slot machine revenues, A10 S23(b)

Solar devices, A7 S3(e), A7 S4(i), A12 S34

Special districts, A7 S9, A12 S2, A12 S15

Special laws, A3 S11(a)

State-preempted taxes, A7 S1(a)

Supermajority vote to impose, authorize, or raise taxes,

A7 S19

Tax collector, A8 S1(d)

Tax liens, homestead property, A10 S4(a)

Taxation and Budget Reform Commission, A2 S5(a),

A11 S5(a), A11 S6

Taxes under 1885 Constitution, A12 S7(a)

Taxpayers’ Bill of Rights, A1 S25

TAXATION AND BUDGET REFORM COMMISSION,

A2 S5(a), A11 S5(a), A11 S6

TERM LIMITS, A6 S4(c)

TERMS OF OFFICE

Cabinet members, A4 S5(a), A6 S4(c)

County commissioners, A8 S1(e)

County officers, A8 S1(d)

Education boards, appointive, A9 S3

Fish and Wildlife Conservation Commission, A4 S9

Governor, A4 S5(a), (b)

House of Representatives, A3 S15(b), A6 S4(c), A12 S14

Judges, A5 S10, A5 S11(a), (b)

Judicial nominating commissions, A5 S20(c)

Judicial Qualifications Commission, A5 S12(a), (f)

Lieutenant Governor, A4 S5(a), A6 S4(c)

Limitation of term, A3 S13, A4 S5(b), A6 S4(c)

Parole and Probation Commission, A4 S8(c)

Public defenders, A5 S18

School boards, A9 S4(a)

Senate, A3 S15(a), A6 S4(c), A12 S12

State attorneys, A5 S17

Superintendents of schools, A9 S5

U.S. Senators and representatives, A6 S4(c)

TERRORISM

Domestic Security and Counterterrorism, Office of, A4 S4(g)

TOBACCO, A10 S20, A10 S27

TRAFFIC HEARING OFFICERS, A5 S1

TRANSPORTATION RIGHTS-OF-WAY, A7 S17

TREASON, A1 S20, A4 S8(b)

TRIAL BY JURY, A1 S16(a), A1 S22

TRIALS

Appeals, A5 S3(b), A5 S4(b)

Criminal, A1 S16(a)

Evidence, See EVIDENCE

Jury, A1 S16(a), A1 S22

TRIALS (Cont.)

Juvenile proceedings, A1 S15(b)

Pretrial release and detention, A1 S14, A1 S16(b)

Site designation, A5 S7

Speedy trial, A1 S16(b)

Victims’ rights, A1 S16(b)

TRUST FUNDS (PUBLIC)

Budget stabilization fund, A3 S19(g), A7 S1(e)

Education lottery funds, A10 S15

Everglades, A10 S17

General revenue fund, A3 S19(f), (g), A5 S20(c)

Institutions of higher learning and junior college capital

outlay, A12 S9(a)

Internal improvement, A4 S4(f)

Investment, A7 S10(a)

Land acquisition, A4 S4(f), A10 S28, A12 S9(a)

Legislative approval, A3 S19(f)

Public education capital outlay and debt service, A12 S9(a)

School district and community college district capital outlay

and debt service, A12 S9(d)

State roads distribution fund, A12 S9(c)

State school fund, A9 S6

Sunset provisions, A3 S19(f)

TURNPIKE AUTHORITY, A12 S9(b)

UNITED STATES

Census, A10 S8

Congressional members from Florida, term limitations,

A6 S4(c)

Congressional redistricting guidelines, A3 S20

Constitution

Amendment, A10 S1

Apportionment of Legislature, A3 S16(a)

Court interpretation, review, A5 S3(b)

Fourth amendment search and seizure rights, conformity

with, A1 S12

Oath to defend, A2 S5(b), A6 S3

Courts of Appeals, A5 S2(a), A5 S3(b)

Estate tax, A7 S5(a)

Income tax, A7 S5, A7 S10(c)

Military personnel deployed in support of military operation,

homestead exemption, A7 S3(g), A12 S31

National Guard, A7 S3(g), A10 S2(d), A12 S31

Obligations, investment of public funds in, A7 S10(b)

Officers, holding state office, A2 S5(a)

Senators from Florida, term limitations, A6 S4(c)

Supreme Court, A1 S12, A1 S17, A5 S3(b), A10 S22

UNIVERSITIES, A7 S15(a), A9 S1(a), A9 S7, A12 S9(a)

VACANCY IN OFFICE

Circumstances constituting vacancy, A10 S3

Constitution Revision Commission, A11 S2(b)

County offices, A4 S1(f)

Election to fill vacancy, A6 S5

Enemy attack emergency, A2 S6

Governor, A4 S3(a)

Impeachment, A3 S17(b)

Judges, A5 S10(a), A5 S11

Judicial Qualifications Commission, A5 S12(a), (f)

Legislators, A3 S15(d)

State offices, A4 S1(f)

Suspended officers, A4 S7

Index CONSTITUTION OF THE STATE OF FLORIDA Index

VACANCY IN OFFICE (Cont.)

Taxation and Budget Reform Commission, A11 S6(b)

VAPOR-GENERATING ELECTRONIC DEVICES, A10 S20

VENUE, A1 S16(a), A3 S11(a)

VETERANS

Combat-related disability, homestead property tax discount

for veteran and surviving spouse, A7 S6(e), A12 S32,

A12 S41

Surviving spouse of veteran dying from service-connected

causes while on active duty, homestead property tax

exemption, A7 S6(f), A12 S33

Surviving spouse of veteran with combat-related disability,

homestead property tax discount, A7 S6(e), A12 S32,

A12 S41

VETERANS’ AFFAIRS, DEPARTMENT OF, A4 S11

VETO, A3 S8, A3 S9, A3 S19(b)

VICTIMS OF CRIME, RIGHTS OF, A1 S16(b), (c), (d), (e)

VOCATIONAL TRAINING SCHOOLS, A7 S15(a), A12 S9(a)

VOTE

Cabinet members, tie vote, A4 S4(a)

Electors, A10 S12(d)

Legislative house or governmental bodies, A10 S12(e)

VOTING

Elections, See ELECTIONS

Legislature, A3 S4(c), A3 S7, A3 S8(c), A10 S12(e)

WASTE DISPOSAL FACILITIES, A7 S14

WATER POLLUTION

Everglades, A2 S7(b), A10 S17(a), (c)

Fish and Wildlife Conservation Commission authority, A4 S9

Oil and gas drilling in Florida territorial waters, prohibition,

A2 S7(c)

State bond financing, pollution control facilities, A7 S14

State policy, A2 S7(a)

WATER RESOURCES

Bond financing of development, A7 S11(e)

Documents excise tax proceeds, use for protection,

A10 S28(b)

State bond financing, water facilities, A7 S14

WIDOWS AND WIDOWERS

Homestead property, A7 S6(e), A10 S4(b), (c), A12 S41

Tax exemption, A7 S3(b), A7 S6(e), (f), A12 S33, A12 S41

WILDLIFE

Document excise tax proceeds, use for habitat protection,

A10 S28(b)

Fish, See FISHING

Fish and Wildlife Conservation Commission, A4 S9,

A12 S23

Game and Fresh Water Fish Commission, A12 S23

WITNESSES

Compulsory process, A1 S16(a)

Confrontation by accused, A1 S16(a)

Criminal trials, A1 S9, A1 S16(a)

Legislature, A3 S4(e), A3 S5

Self-incrimination, A1 S9

Treason, A1 S20

Unreasonable detention, A1 S17

WOMEN

Basic rights, A1 S2

WORK, RIGHT TO, A1 S6

WORKFORCE INNOVATION, AGENCY FOR, A10 S24(c), (f)

WORKPLACE SMOKING AND VAPING, A10 S20

WRITS

Certiorari, A5 S4(b), A5 S5(b)

Circuit court, A5 S5(b)

District courts of appeal, A5 S4(b)

Habeas corpus, See HABEAS CORPUS

Mandamus, A5 S3(b), A5 S4(b), A5 S5(b)

Prohibition, A5 S3(b), A5 S4(b), A5 S5(b)

Quo warranto, A5 S3(b), A5 S4(b), A5 S5(b)

Supreme Court, A5 S3(b)

Index CONSTITUTION OF THE STATE OF FLORIDA Index

Compiled and published by:

Division of Law Revision

Law Book Services Office

The Florida Legislature

lawbook[email protected].fl.us

www.flalegistore.com

(850) 488-2323