Final Report
May 9, 2018
May 9, 2018
The Honorable Ken Detzner
Secretary of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
Dear Secretary Detzner:
The Constitution Revision Commission, pursuant to Article XI, Section 2 of the Florida
Constitution, submits its proposed revisions of the 1968 Constitution, as subsequently
amended, to the electors for their approval or rejection at the general election on
November 6, 2018.
The proposed revisions of the Florida Constitution, as well as the ballot language and
order, have been adopted by the Constitution Revision Commission in accordance with
the Constitution and the Commission’s rules. The proposed revisions consist of eight
separate ballot items. A revision number has been assigned to each ballot item, and
they are listed in the order in which the Commission requests they be placed on the
ballot.
Respectfully submitted,
Carlos Beruff
Chairman
Constitution Revision Commission
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Carlos Beruff, Chairman
Pam Bondi
Lisa Carlton
Timothy Cerio
Hank Coxe
Jose Felix Diaz
Erika Donalds
Don Gaetz
Emery Gainey
Anna Marie Hernandez Gamez
Tom Grady
Brecht Heuchan
Marva Johnson
Darlene Jordan
Arthenia Joyner
Fred Karlinsky
Belinda Keiser
Frank Kruppenbacher
Tom Lee
Gary Lester
Patricia Levesque
Roberto “Bobby” Martinez
Rich Newsome
Chris Nocco
Jeanette Nuñez
Sherry Plymale
Darryl Rouson
William “Bill” Schifino, Jr.
Chris Smith
Bob Solari
Chris Sprowls
John Stargel
John Stemberger
Pam Stewart
Jacqui Thurlow-Lippisch
Carolyn Timmann
Nicole Washington
MEMBERS
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Revision 1:
Rights of Crime Victims; Judges ................................................................................... 1
Revision 2:
First Responder and Military Member Survivor Benefits; Public Colleges and
Universities .................................................................................................................... 10
Revision 3:
School Board Term Limits and Duties; Public Schools.................................................. 16
Revision 4:
Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor
Workplaces ................................................................................................................... 19
Revision 5:
State and Local Government Structure and Operation.................................................. 26
Revision 6:
Property Rights; Removal of Obsolete Provision; Criminal Statutes ............................. 37
Revision 7:
Lobbying and Abuse of Office by Public Officers .......................................................... 40
Revision 8:
Ends Dog Racing .......................................................................................................... 47
CONSTITUTIONAL REVISIONS
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1
REVISION 1 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to crime victims and 6
judges; amending Section 16 of Article I of the State 7
Constitution to revise and establish additional rights 8
of victims of crime; amending Section 8 of Article V 9
and creating a new section in Article XII of the State 10
Constitution to increase the age after which a justice 11
or judge may no longer serve in a judicial office; and 12
creating Section 21 of Article V of the State 13
Constitution to require a state court or an officer 14
hearing an administrative action to interpret a state 15
statute or rule de novo in litigation between an 16
administrative agency and a private party. 17
18
Be It Proposed by the Constitution Revision Commission of 19
Florida: 20
21
Section 16 of Article I of the State Constitution is 22
amended to read: 23
ARTICLE I 24
DECLARATION OF RIGHTS 25
SECTION 16. Rights of accused and of victims.— 26
(a) In all criminal prosecutions the accused shall, upon 27
demand, be informed of the nature and cause of the accusation, 28
and shall be furnished a copy of the charges, and shall have the 29
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right to have compulsory process for witnesses, to confront at 30
trial adverse witnesses, to be heard in person, by counsel or 31
both, and to have a speedy and public trial by impartial jury in 32
the county where the crime was committed. If the county is not 33
known, the indictment or information may charge venue in two or 34
more counties conjunctively and proof that the crime was 35
committed in that area shall be sufficient; but before pleading 36
the accused may elect in which of those counties the trial will 37
take place. Venue for prosecution of crimes committed beyond the 38
boundaries of the state shall be fixed by law. 39
(b) To preserve and protect the right of crime victims to 40
achieve justice, ensure a meaningful role throughout the 41
criminal and juvenile justice systems for crime victims, and 42
ensure that crime victims’ rights and interests are respected 43
and protected by law in a manner no less vigorous than 44
protections afforded to criminal defendants and juvenile 45
delinquents, every victim is entitled to the following rights, 46
beginning at the time of his or her victimization: 47
(1) The right to due process and to be treated with 48
fairness and respect for the victim’s dignity. 49
(2) The right to be free from intimidation, harassment, and 50
abuse. 51
(3) The right, within the judicial process, to be 52
reasonably protected from the accused and any person acting on 53
behalf of the accused. However, nothing contained herein is 54
intended to create a special relationship between the crime 55
victim and any law enforcement agency or office absent a special 56
relationship or duty as defined by Florida law. 57
(4) The right to have the safety and welfare of the victim 58
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and the victim’s family considered when setting bail, including 59
setting pretrial release conditions that protect the safety and 60
welfare of the victim and the victim’s family. 61
(5) The right to prevent the disclosure of information or 62
records that could be used to locate or harass the victim or the 63
victim’s family, or which could disclose confidential or 64
privileged information of the victim. 65
(6) A victim shall have the following specific rights upon 66
request: 67
a. The right to reasonable, accurate, and timely notice of,68
and to be present at, all public proceedings involving the 69
criminal conduct, including, but not limited to, trial, plea, 70
sentencing, or adjudication, even if the victim will be a 71
witness at the proceeding, notwithstanding any rule to the 72
contrary. A victim shall also be provided reasonable, accurate, 73
and timely notice of any release or escape of the defendant or 74
delinquent, and any proceeding during which a right of the 75
victim is implicated. 76
b. The right to be heard in any public proceeding involving77
pretrial or other release from any form of legal constraint, 78
plea, sentencing, adjudication, or parole, and any proceeding 79
during which a right of the victim is implicated. 80
c. The right to confer with the prosecuting attorney81
concerning any plea agreements, participation in pretrial 82
diversion programs, release, restitution, sentencing, or any 83
other disposition of the case. 84
d. The right to provide information regarding the impact of85
the offender’s conduct on the victim and the victim’s family to 86
the individual responsible for conducting any presentence 87
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investigation or compiling any presentence investigation report, 88
and to have any such information considered in any sentencing 89
recommendations submitted to the court. 90
e. The right to receive a copy of any presentence report,91
and any other report or record relevant to the exercise of a 92
victim’s right, except for such portions made confidential or 93
exempt by law. 94
f. The right to be informed of the conviction, sentence,95
adjudication, place and time of incarceration, or other 96
disposition of the convicted offender, any scheduled release 97
date of the offender, and the release of or the escape of the 98
offender from custody. 99
g. The right to be informed of all postconviction processes100
and procedures, to participate in such processes and procedures, 101
to provide information to the release authority to be considered 102
before any release decision is made, and to be notified of any 103
release decision regarding the offender. The parole or early 104
release authority shall extend the right to be heard to any 105
person harmed by the offender. 106
h. The right to be informed of clemency and expungement107
procedures, to provide information to the governor, the court, 108
any clemency board, and other authority in these procedures, and 109
to have that information considered before a clemency or 110
expungement decision is made; and to be notified of such 111
decision in advance of any release of the offender. 112
(7) The rights of the victim, as provided in subparagraph 113
(6)a., subparagraph (6)b., or subparagraph (6)c., that apply to 114
any first appearance proceeding are satisfied by a reasonable 115
attempt by the appropriate agency to notify the victim and 116
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convey the victim’s views to the court. 117
(8) The right to the prompt return of the victim’s property 118
when no longer needed as evidence in the case. 119
(9) The right to full and timely restitution in every case 120
and from each convicted offender for all losses suffered, both 121
directly and indirectly, by the victim as a result of the 122
criminal conduct. 123
(10) The right to proceedings free from unreasonable delay, 124
and to a prompt and final conclusion of the case and any related 125
postjudgment proceedings. 126
a. The state attorney may file a good faith demand for a127
speedy trial and the trial court shall hold a calendar call, 128
with notice, within fifteen days of the filing demand, to 129
schedule a trial to commence on a date at least five days but no 130
more than sixty days after the date of the calendar call unless 131
the trial judge enters an order with specific findings of fact 132
justifying a trial date more than sixty days after the calendar 133
call. 134
b. All state-level appeals and collateral attacks on any135
judgment must be complete within two years from the date of 136
appeal in non-capital cases and within five years from the date 137
of appeal in capital cases, unless a court enters an order with 138
specific findings as to why the court was unable to comply with 139
this subparagraph and the circumstances causing the delay. Each 140
year, the chief judge of any district court of appeal or the 141
chief justice of the supreme court shall report on a case-by-142
case basis to the speaker of the house of representatives and 143
the president of the senate all cases where the court entered an 144
order regarding inability to comply with this subparagraph. The 145
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legislature may enact legislation to implement this 146
subparagraph. 147
(11) The right to be informed of these rights, and to be 148
informed that victims can seek the advice of an attorney with 149
respect to their rights. This information shall be made 150
available to the general public and provided to all crime 151
victims in the form of a card or by other means intended to 152
effectively advise the victim of their rights under this 153
section. 154
(c) The victim, the retained attorney of the victim, a 155
lawful representative of the victim, or the office of the state 156
attorney upon request of the victim, may assert and seek 157
enforcement of the rights enumerated in this section and any 158
other right afforded to a victim by law in any trial or 159
appellate court, or before any other authority with jurisdiction 160
over the case, as a matter of right. The court or other 161
authority with jurisdiction shall act promptly on such a 162
request, affording a remedy by due course of law for the 163
violation of any right. The reasons for any decision regarding 164
the disposition of a victim’s right shall be clearly stated on 165
the record. 166
(d) The granting of the rights enumerated in this section 167
to victims may not be construed to deny or impair any other 168
rights possessed by victims. The provisions of this section 169
apply throughout criminal and juvenile justice processes, are 170
self-executing, and do not require implementing legislation. 171
This section may not be construed to create any cause of action 172
for damages against the state or a political subdivision of the 173
state, or any officer, employee, or agent of the state or its 174
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political subdivisions. 175
(e) As used in this section, a “victim” is a person who 176
suffers direct or threatened physical, psychological, or 177
financial harm as a result of the commission or attempted 178
commission of a crime or delinquent act or against whom the 179
crime or delinquent act is committed. The term “victim” includes 180
the victim’s lawful representative, the parent or guardian of a 181
minor, or the next of kin of a homicide victim, except upon a 182
showing that the interest of such individual would be in actual 183
or potential conflict with the interests of the victim. The term 184
“victim” does not include the accused. The terms “crime” and 185
“criminal” include delinquent acts and conduct Victims of crime 186
or their lawful representatives, including the next of kin of 187
homicide victims, are entitled to the right to be informed, to 188
be present, and to be heard when relevant, at all crucial stages 189
of criminal proceedings, to the extent that these rights do not 190
interfere with the constitutional rights of the accused. 191
192
Section 8 of Article V of the State Constitution is 193
amended, and section 21 is added to that article, to read: 194
ARTICLE V 195
JUDICIARY 196
SECTION 8. Eligibility.—No person shall be eligible for 197
office of justice or judge of any court unless the person is an 198
elector of the state and resides in the territorial jurisdiction 199
of the court. No justice or judge shall serve after attaining 200
the age of seventy-five seventy years except upon temporary 201
assignment or to complete a term, one-half of which has been 202
served. No person is eligible for the office of justice of the 203
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supreme court or judge of a district court of appeal unless the 204
person is, and has been for the preceding ten years, a member of 205
the bar of Florida. No person is eligible for the office of 206
circuit judge unless the person is, and has been for the 207
preceding five years, a member of the bar of Florida. Unless 208
otherwise provided by general law, no person is eligible for the 209
office of county court judge unless the person is, and has been 210
for the preceding five years, a member of the bar of Florida. 211
Unless otherwise provided by general law, a person shall be 212
eligible for election or appointment to the office of county 213
court judge in a county having a population of 40,000 or less if 214
the person is a member in good standing of the bar of Florida. 215
SECTION 21. Judicial interpretation of statutes and rules.—216
In interpreting a state statute or rule, a state court or an 217
officer hearing an administrative action pursuant to general law 218
may not defer to an administrative agency’s interpretation of 219
such statute or rule, and must instead interpret such statute or 220
rule de novo. 221
222
A new section is added to Article XII of the State 223
Constitution to read: 224
ARTICLE XII 225
SCHEDULE 226
Eligibility of justices and judges.—The amendment to 227
Section 8 of Article V, which increases the age at which a 228
justice or judge is no longer eligible to serve in judicial 229
office except upon temporary assignment, shall take effect July 230
1, 2019. 231
232
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BE IT FURTHER PROPOSED that the following statement be placed on 233
the ballot: 234
235
CONSTITUTIONAL AMENDMENT 236
ARTICLE I, SECTION 16 237
ARTICLE V, SECTIONS 8, 21 238
ARTICLE XII, NEW SECTION 239
RIGHTS OF CRIME VICTIMS; JUDGES.—Creates constitutional 240
rights for victims of crime; requires courts to facilitate 241
victims’ rights; authorizes victims to enforce their rights 242
throughout criminal and juvenile justice processes. Requires 243
judges and hearing officers to independently interpret statutes 244
and rules rather than deferring to government agency’s 245
interpretation. Raises mandatory retirement age of state 246
justices and judges from seventy to seventy-five years; deletes 247
authorization to complete judicial term if one-half of term has 248
been served by retirement age. 249
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1
REVISION 2 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to higher education; 6
amending Section 7 of Article IX of the State 7
Constitution to establish minimum vote thresholds for 8
university boards of trustees and the board of 9
governors to impose or authorize a new fee or increase 10
an existing fee, as authorized by law; creating 11
Section 8 of Article IX of the State Constitution to 12
specify the purposes of the State College System and 13
to provide for the governance structure of the system; 14
and creating a new section in Article X of the State 15
Constitution to establish the right of survivors of 16
specified first responders and military members to 17
death benefits. 18
19
Be It Proposed by the Constitution Revision Commission of 20
Florida: 21
22
Section 7 of Article IX of the State Constitution is 23
amended, and section 8 is added to that article, to read: 24
ARTICLE IX 25
EDUCATION 26
SECTION 7. State University System.— 27
(a) PURPOSES. In order to achieve excellence through 28
teaching students, advancing research and providing public 29
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service for the benefit of Florida’s citizens, their communities 30
and economies, the people hereby establish a system of 31
governance for the state university system of Florida. 32
(b) STATE UNIVERSITY SYSTEM. There shall be a single state 33
university system comprised of all public universities. A board 34
of trustees shall administer each public university and a board 35
of governors shall govern the state university system. 36
(c) LOCAL BOARDS OF TRUSTEES. Each local constituent 37
university shall be administered by a board of trustees 38
consisting of thirteen members dedicated to the purposes of the 39
state university system. The board of governors shall establish 40
the powers and duties of the boards of trustees. Each board of 41
trustees shall consist of six citizen members appointed by the 42
governor and five citizen members appointed by the board of 43
governors. The appointed members shall be confirmed by the 44
senate and serve staggered terms of five years as provided by 45
law. The chair of the faculty senate, or the equivalent, and the 46
president of the student body of the university shall also be 47
members. 48
(d) STATEWIDE BOARD OF GOVERNORS. The board of governors 49
shall be a body corporate consisting of seventeen members. The 50
board shall operate, regulate, control, and be fully responsible 51
for the management of the whole university system. These 52
responsibilities shall include, but not be limited to, defining 53
the distinctive mission of each constituent university and its 54
articulation with free public schools and community colleges, 55
ensuring the well-planned coordination and operation of the 56
system, and avoiding wasteful duplication of facilities or 57
programs. The board’s management shall be subject to the powers 58
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of the legislature to appropriate for the expenditure of funds, 59
and the board shall account for such expenditures as provided by 60
law. The governor shall appoint to the board fourteen citizens 61
dedicated to the purposes of the state university system. The 62
appointed members shall be confirmed by the senate and serve 63
staggered terms of seven years as provided by law. The 64
commissioner of education, the chair of the advisory council of 65
faculty senates, or the equivalent, and the president of the 66
Florida student association, or the equivalent, shall also be 67
members of the board. 68
(e) FEES. Any proposal or action of a constituent 69
university to raise, impose, or authorize any fee, as authorized 70
by law, must be approved by at least nine affirmative votes of 71
the members of the board of trustees of the constituent 72
university, if approval by the board of trustees is required by 73
general law, and at least twelve affirmative votes of the 74
members of the board of governors, if approval by the board of 75
governors is required by general law, in order to take effect. A 76
fee under this subsection shall not include tuition. 77
SECTION 8. State College System.— 78
(a) PURPOSES. In order to achieve excellence and to provide 79
access to undergraduate education to the students of this state; 80
to originate articulated pathways to a baccalaureate degree; to 81
ensure superior commitment to teaching and learning; and to 82
respond quickly and efficiently to meet the demand of 83
communities by aligning certificate and degree programs with 84
local and regional workforce needs, the people hereby establish 85
a system of governance for the state college system of Florida. 86
(b) STATE COLLEGE SYSTEM. There shall be a single state 87
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college system comprised of all public community and state 88
colleges. A local board of trustees shall govern each state 89
college system institution and the state board of education 90
shall supervise the state college system. 91
(c) LOCAL BOARDS OF TRUSTEES. Each state college system 92
institution shall be governed by a local board of trustees 93
dedicated to the purposes of the state college system. A member 94
of a board of trustees must be a resident of the service 95
delivery area of the college. The powers and duties of the 96
boards of trustees shall be provided by law. Each member shall 97
be appointed by the governor to staggered 4-year terms, subject 98
to confirmation by the senate. 99
(d) ROLE OF THE STATE BOARD OF EDUCATION. The state board 100
of education shall supervise the state college system as 101
provided by law. 102
103
A new section is added to Article X of the State 104
Constitution to read: 105
ARTICLE X 106
MISCELLANEOUS 107
Death benefits for survivors of first responders and 108
military members.— 109
(a) A death benefit shall be paid by the employing agency 110
when a firefighter; a paramedic; an emergency medical 111
technician; a law enforcement, correctional, or correctional 112
probation officer; or a member of the Florida National Guard, 113
while engaged in the performance of their official duties, is: 114
(1) Accidentally killed or receives accidental bodily 115
injury which results in the loss of the individual’s life, 116
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provided that such killing is not the result of suicide and that 117
such bodily injury is not intentionally self-inflicted; or 118
(2) Unlawfully and intentionally killed or dies as a result 119
of such unlawful and intentional act or is killed during active 120
duty. 121
(b) A death benefit shall be paid by funds from general 122
revenue when an active duty member of the United States Armed 123
Forces is: 124
(1) Accidentally killed or receives accidental bodily 125
injury which results in the loss of the individual’s life, 126
provided that such killing is not the result of suicide and that 127
such bodily injury is not intentionally self-inflicted; or 128
(2) Unlawfully and intentionally killed or dies as a result 129
of such unlawful and intentional act or is killed during active 130
duty. 131
(c) If a firefighter; a paramedic; an emergency medical 132
technician; a law enforcement, correctional, or correctional 133
probation officer; or an active duty member of the Florida 134
National Guard or United States Armed Forces is accidentally 135
killed as specified in paragraphs (a)(1) and (b)(1), or 136
unlawfully and intentionally killed as specified in paragraphs 137
(a)(2) and (b)(2), the state shall waive certain educational 138
expenses that the child or spouse of the deceased first 139
responder or military member incurs while obtaining a career 140
certificate, an undergraduate education, or a postgraduate 141
education. 142
(d) An eligible first responder must have been working for 143
the State of Florida or any of its political subdivisions or 144
agencies at the time of death. An eligible military member must 145
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have been a resident of this state or his or her duty post must 146
have been within this state at the time of death. 147
(e) The legislature shall implement this section by general 148
law. 149
(f) This section shall take effect on July 1, 2019. 150
151
BE IT FURTHER PROPOSED that the following statement be placed on 152
the ballot: 153
154
CONSTITUTIONAL AMENDMENT 155
ARTICLE IX, SECTIONS 7, 8 156
ARTICLE X, NEW SECTION 157
FIRST RESPONDER AND MILITARY MEMBER SURVIVOR BENEFITS; 158
PUBLIC COLLEGES AND UNIVERSITIES.—Grants mandatory payment of 159
death benefits and waiver of certain educational expenses to 160
qualifying survivors of certain first responders and military 161
members who die performing official duties. Requires 162
supermajority votes by university trustees and state university 163
system board of governors to raise or impose all legislatively 164
authorized fees if law requires approval by those bodies. 165
Establishes existing state college system as constitutional 166
entity; provides governance structure. 167
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1
REVISION 3 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to education; amending 6
Section 4 of Article IX and creating a new section in 7
Article XII of the State Constitution to establish a 8
limitation on the period for which a person may serve 9
as a member of a district school board; amending 10
Section 4 of Article IX of the State Constitution to 11
specify which schools are operated, controlled, and 12
supervised by a school board; and creating a new 13
section in Article IX of the State Constitution to 14
require the Legislature to provide for the promotion 15
of civic literacy in public education. 16
17
Be It Proposed by the Constitution Revision Commission of 18
Florida: 19
20
Section 4 of Article IX of the State Constitution is 21
amended, and a new section is added to that article, to read: 22
ARTICLE IX 23
EDUCATION 24
SECTION 4. School districts; school boards.— 25
(a) Each county shall constitute a school district; 26
provided, two or more contiguous counties, upon vote of the 27
electors of each county pursuant to law, may be combined into 28
one school district. In each school district there shall be a 29
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school board composed of five or more members chosen by vote of 30
the electors in a nonpartisan election for appropriately 31
staggered terms of four years, as provided by law. A person may 32
not appear on the ballot for re-election to the office of school 33
board if, by the end of the current term of office, the person 34
would have served, or but for resignation would have served, in 35
that office for eight consecutive years. 36
(b) The school board shall operate, control, and supervise 37
all free public schools established by the district school board 38
within the school district and determine the rate of school 39
district taxes within the limits prescribed herein. Two or more 40
school districts may operate and finance joint educational 41
programs. 42
SECTION . Civic literacy.—As education is essential to the 43
preservation of the rights and liberties of the people, the 44
legislature shall provide by law for the promotion of civic 45
literacy in order to ensure that students enrolled in public 46
education understand and are prepared to exercise their rights 47
and responsibilities as citizens of a constitutional republic. 48
49
A new section is added to Article XII of the State 50
Constitution to read: 51
ARTICLE XII 52
SCHEDULE 53
Limitation on terms of office for members of a district 54
school board.-This section and the amendment to Section 4 of 55
Article IX imposing term limits for the terms of office for 56
members of a district school board shall take effect on the date 57
it is approved by the electorate, but no service in a term of 58
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office which commenced prior to November 6, 2018, will be 59
counted against the limitation imposed by this amendment. 60
61
BE IT FURTHER PROPOSED that the following statement be placed on 62
the ballot: 63
64
CONSTITUTIONAL AMENDMENT 65
ARTICLE IX, SECTION 4, NEW SECTION 66
ARTICLE XII, NEW SECTION 67
SCHOOL BOARD TERM LIMITS AND DUTIES; PUBLIC SCHOOLS.— 68
Creates a term limit of eight consecutive years for school board 69
members and requires the legislature to provide for the 70
promotion of civic literacy in public schools. Currently, 71
district school boards have a constitutional duty to operate, 72
control, and supervise all public schools. The amendment 73
maintains a school board’s duties to public schools it 74
establishes, but permits the state to operate, control, and 75
supervise public schools not established by the school board. 76
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1
REVISION 4 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to environmental health; 6
amending Section 7 of Article II of the State 7
Constitution to prohibit the drilling for exploration 8
or extraction of oil and natural gas in specified 9
state waters; and amending Section 20 of Article X of 10
the State Constitution to establish a general 11
prohibition on the use of vapor-generating electronic 12
devices in enclosed indoor workplaces. 13
14
Be It Proposed by the Constitution Revision Commission of 15
Florida: 16
17
Section 7 of Article II of the State Constitution is 18
amended to read: 19
ARTICLE II 20
GENERAL PROVISIONS 21
SECTION 7. Natural resources and scenic beauty.— 22
(a) It shall be the policy of the state to conserve and 23
protect its natural resources and scenic beauty. Adequate 24
provision shall be made by law for the abatement of air and 25
water pollution and of excessive and unnecessary noise and for 26
the conservation and protection of natural resources. 27
(b) Those in the Everglades Agricultural Area who cause 28
water pollution within the Everglades Protection Area or the 29
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Everglades Agricultural Area shall be primarily responsible for 30
paying the costs of the abatement of that pollution. For the 31
purposes of this subsection, the terms “Everglades Protection 32
Area” and “Everglades Agricultural Area” shall have the meanings 33
as defined in statutes in effect on January 1, 1996. 34
(c) To protect the people of Florida and their environment, 35
drilling for exploration or extraction of oil or natural gas is 36
prohibited on lands beneath all state waters which have not been 37
alienated and that lie between the mean high water line and the 38
outermost boundaries of the state’s territorial seas. This 39
prohibition does not apply to the transportation of oil and gas 40
products produced outside of such waters. This subsection is 41
self-executing. 42
43
Section 20 of Article X of the State Constitution is 44
amended to read: 45
ARTICLE X 46
MISCELLANEOUS 47
SECTION 20. Workplaces without tobacco smoke or vapor.— 48
(a) PROHIBITION. As a Florida health initiative to protect 49
people from the health hazards of second-hand tobacco smoke and 50
vapor, tobacco smoking and the use of vapor-generating 51
electronic devices are is prohibited in enclosed indoor 52
workplaces. This section does not preclude the adoption of 53
ordinances that impose more restrictive regulation on the use of 54
vapor-generating electronic devices than is provided in this 55
section. 56
(b) EXCEPTIONS. As further explained in the definitions 57
below, tobacco smoking and the use of vapor-generating 58
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electronic devices may be permitted in private residences 59
whenever they are not being used commercially to provide child 60
care, adult care, or health care, or any combination thereof; 61
and further may be permitted in retail tobacco shops, vapor-62
generating electronic device retailers, designated smoking guest 63
rooms at hotels and other public lodging establishments; and 64
stand-alone bars. However, nothing in this section or in its 65
implementing legislation or regulations shall prohibit the 66
owner, lessee, or other person in control of the use of an 67
enclosed indoor workplace from further prohibiting or limiting 68
smoking or the use of vapor-generating electronic devices 69
therein. 70
(c) DEFINITIONS. For purposes of this section, the 71
following words and terms shall have the stated meanings: 72
(1) “Smoking” means inhaling, exhaling, burning, carrying, 73
or possessing any lighted tobacco product, including cigarettes, 74
cigars, pipe tobacco, and any other lighted tobacco product. 75
(2) “Second-hand smoke,” also known as environmental 76
tobacco smoke (ETS), means smoke emitted from lighted, 77
smoldering, or burning tobacco when the smoker is not inhaling; 78
smoke emitted at the mouthpiece during puff drawing; and smoke 79
exhaled by the smoker. 80
(3) “Work” means any person’s providing any employment or 81
employment-type service for or at the request of another 82
individual or individuals or any public or private entity, 83
whether for compensation or not, whether full or part-time, 84
whether legally or not. “Work” includes, without limitation, any 85
such service performed by an employee, independent contractor, 86
agent, partner, proprietor, manager, officer, director, 87
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apprentice, trainee, associate, servant, volunteer, and the 88
like. 89
(4) “Enclosed indoor workplace” means any place where one 90
or more persons engages in work, and which place is 91
predominantly or totally bounded on all sides and above by 92
physical barriers, regardless of whether such barriers consist 93
of or include uncovered openings, screened or otherwise 94
partially covered openings; or open or closed windows, 95
jalousies, doors, or the like. This section applies to all such 96
enclosed indoor workplaces without regard to whether work is 97
occurring at any given time. 98
(5) “Commercial” use of a private residence means any time 99
during which the owner, lessee, or other person occupying or 100
controlling the use of the private residence is furnishing in 101
the private residence, or causing or allowing to be furnished in 102
the private residence, child care, adult care, or health care, 103
or any combination thereof, and receiving or expecting to 104
receive compensation therefor. 105
(6) “Retail tobacco shop” means any enclosed indoor 106
workplace dedicated to or predominantly for the retail sale of 107
tobacco, tobacco products, and accessories for such products, in 108
which the sale of other products or services is merely 109
incidental. 110
(7) “Designated smoking guest rooms at public lodging 111
establishments” means the sleeping rooms and directly associated 112
private areas, such as bathrooms, living rooms, and kitchen 113
areas, if any, rented to guests for their exclusive transient 114
occupancy in public lodging establishments including hotels, 115
motels, resort condominiums, transient apartments, transient 116
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lodging establishments, rooming houses, boarding houses, resort 117
dwellings, bed and breakfast inns, and the like; and designated 118
by the person or persons having management authority over such 119
public lodging establishment as rooms in which smoking may be 120
permitted. 121
(8) “Stand-alone bar” means any place of business devoted 122
during any time of operation predominantly or totally to serving 123
alcoholic beverages, intoxicating beverages, or intoxicating 124
liquors, or any combination thereof, for consumption on the 125
licensed premises; in which the serving of food, if any, is 126
merely incidental to the consumption of any such beverage; and 127
that is not located within, and does not share any common 128
entryway or common indoor area with, any other enclosed indoor 129
workplace including any business for which the sale of food or 130
any other product or service is more than an incidental source 131
of gross revenue. 132
(9) “Vapor-generating electronic device” means any product 133
that employs an electronic, a chemical, or a mechanical means 134
capable of producing vapor or aerosol from a nicotine product or 135
any other substance, including, but not limited to, an 136
electronic cigarette, electronic cigar, electronic cigarillo, 137
electronic pipe, or other similar device or product, any 138
replacement cartridge for such device, and any other container 139
of a solution or other substance intended to be used with or 140
within an electronic cigarette, electronic cigar, electronic 141
cigarillo, electronic pipe, or other similar device or product. 142
(10) “Vapor-generating electronic device retailer” means 143
any enclosed indoor workplace dedicated to or predominantly for 144
the retail sale of vapor-generating electronic devices and 145
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components, parts, and accessories for such products, in which 146
the sale of other products or services is merely incidental. 147
(d) LEGISLATION. In the next regular legislative session 148
occurring after voter approval of this section or any amendment 149
to this section amendment, the Florida legislature shall adopt 150
legislation to implement this section and any amendment to this 151
section amendment in a manner consistent with its broad purpose 152
and stated terms, and having an effective date no later than 153
July 1 of the year following voter approval. Such legislation 154
shall include, without limitation, civil penalties for 155
violations of this section; provisions for administrative 156
enforcement; and the requirement and authorization of agency 157
rules for implementation and enforcement. This section does not 158
Nothing herein shall preclude the legislature from enacting any 159
law constituting or allowing a more restrictive regulation of 160
tobacco smoking or the use of vapor-generating electronic 161
devices than is provided in this section. 162
163
BE IT FURTHER PROPOSED that the following statement be placed on 164
the ballot: 165
166
CONSTITUTIONAL AMENDMENT 167
ARTICLE II, SECTION 7 168
ARTICLE X, SECTION 20 169
PROHIBITS OFFSHORE OIL AND GAS DRILLING; PROHIBITS VAPING 170
IN ENCLOSED INDOOR WORKPLACES.—Prohibits drilling for the 171
exploration or extraction of oil and natural gas beneath all 172
state-owned waters between the mean high water line and the 173
state’s outermost territorial boundaries. Adds use of vapor-174
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generating electronic devices to current prohibition of tobacco 175
smoking in enclosed indoor workplaces with exceptions; permits 176
more restrictive local vapor ordinances. 177
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1
REVISION 5 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to state and local 6
government; amending Section 3 of Article III of the 7
State Constitution to provide that the Legislature 8
convene for regular session on the second Tuesday 9
after the first Monday in January of each even-10
numbered year; amending Section 4 of Article IV of the 11
State Constitution to establish the Office of Domestic 12
Security and Counterterrorism within the Department of 13
Law Enforcement; amending Section 11 of Article IV of 14
the State Constitution to require, rather than 15
authorize, the Legislature to provide for the 16
Department of Veterans’ Affairs and prescribe its 17
duties by general law and to specify that the head of 18
the department is the Governor and Cabinet; and 19
amending Sections 1 and 6 of Article VIII of the State 20
Constitution to remove the authority of a county 21
charter or a special law to provide for choosing 22
county officers in a manner other than election and to 23
prohibit a county charter from abolishing county 24
officers, transferring the duties of a county officer 25
to another officer or office, changing the length of 26
terms of county officers, or establishing any manner 27
of selection of county officers other than by 28
election. 29
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30
Be It Proposed by the Constitution Revision Commission of 31
Florida: 32
33
Section 3 of Article III of the State Constitution is 34
amended to read: 35
ARTICLE III 36
LEGISLATURE 37
SECTION 3. Sessions of the legislature.— 38
(a) ORGANIZATION SESSIONS. On the fourteenth day following 39
each general election the legislature shall convene for the 40
exclusive purpose of organization and selection of officers. 41
(b) REGULAR SESSIONS. A regular session of the legislature 42
shall convene on the first Tuesday after the first Monday in 43
March of each odd-numbered year, and on the second first Tuesday 44
after the first Monday in January March, or such other date as 45
may be fixed by law, of each even-numbered year. 46
(c) SPECIAL SESSIONS. 47
(1) The governor, by proclamation stating the purpose, may 48
convene the legislature in special session during which only 49
such legislative business may be transacted as is within the 50
purview of the proclamation, or of a communication from the 51
governor, or is introduced by consent of two-thirds of the 52
membership of each house. 53
(2) A special session of the legislature may be convened as 54
provided by law. 55
(d) LENGTH OF SESSIONS. A regular session of the 56
legislature shall not exceed sixty consecutive days, and a 57
special session shall not exceed twenty consecutive days, unless 58
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extended beyond such limit by a three-fifths vote of each house. 59
During such an extension no new business may be taken up in 60
either house without the consent of two-thirds of its 61
membership. 62
(e) ADJOURNMENT. Neither house shall adjourn for more than 63
seventy-two consecutive hours except pursuant to concurrent 64
resolution. 65
(f) ADJOURNMENT BY GOVERNOR. If, during any regular or 66
special session, the two houses cannot agree upon a time for 67
adjournment, the governor may adjourn the session sine die or to 68
any date within the period authorized for such session; provided 69
that, at least twenty-four hours before adjourning the session, 70
and while neither house is in recess, each house shall be given 71
formal written notice of the governor’s intention to do so, and 72
agreement reached within that period by both houses on a time 73
for adjournment shall prevail. 74
75
Sections 4 and 11 of Article IV of the State Constitution 76
are amended to read: 77
ARTICLE IV 78
EXECUTIVE 79
SECTION 4. Cabinet.— 80
(a) There shall be a cabinet composed of an attorney 81
general, a chief financial officer, and a commissioner of 82
agriculture. In addition to the powers and duties specified 83
herein, they shall exercise such powers and perform such duties 84
as may be prescribed by law. In the event of a tie vote of the 85
governor and cabinet, the side on which the governor voted shall 86
be deemed to prevail. 87
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(b) The attorney general shall be the chief state legal 88
officer. There is created in the office of the attorney general 89
the position of statewide prosecutor. The statewide prosecutor 90
shall have concurrent jurisdiction with the state attorneys to 91
prosecute violations of criminal laws occurring or having 92
occurred, in two or more judicial circuits as part of a related 93
transaction, or when any such offense is affecting or has 94
affected two or more judicial circuits as provided by general 95
law. The statewide prosecutor shall be appointed by the attorney 96
general from not less than three persons nominated by the 97
judicial nominating commission for the supreme court, or as 98
otherwise provided by general law. 99
(c) The chief financial officer shall serve as the chief 100
fiscal officer of the state, and shall settle and approve 101
accounts against the state, and shall keep all state funds and 102
securities. 103
(d) The commissioner of agriculture shall have supervision 104
of matters pertaining to agriculture except as otherwise 105
provided by law. 106
(e) The governor as chair, the chief financial officer, and 107
the attorney general shall constitute the state board of 108
administration, which shall succeed to all the power, control, 109
and authority of the state board of administration established 110
pursuant to Article IX, Section 16 of the Constitution of 1885, 111
and which shall continue as a body at least for the life of 112
Article XII, Section 9(c). 113
(f) The governor as chair, the chief financial officer, the 114
attorney general, and the commissioner of agriculture shall 115
constitute the trustees of the internal improvement trust fund 116
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and the land acquisition trust fund as provided by law. 117
(g) The governor as chair, the chief financial officer, the 118
attorney general, and the commissioner of agriculture shall 119
constitute the agency head of the Department of Law Enforcement. 120
The Office of Domestic Security and Counterterrorism is created 121
within the Department of Law Enforcement. The Office of Domestic 122
Security and Counterterrorism shall provide support for 123
prosecutors and federal, state, and local law enforcement 124
agencies that investigate or analyze information relating to 125
attempts or acts of terrorism or that prosecute terrorism, and 126
shall perform any other duties that are provided by law. 127
SECTION 11. Department of Veterans’ Veterans Affairs.—The 128
legislature, by general law, shall provide for a may provide for 129
the establishment of the Department of Veterans’ Veterans 130
Affairs and prescribe its duties. The head of the department is 131
the governor and cabinet. 132
133
Sections 1 and 6 of Article VIII of the State Constitution 134
are amended to read: 135
ARTICLE VIII 136
LOCAL GOVERNMENT 137
SECTION 1. Counties.— 138
(a) POLITICAL SUBDIVISIONS. The state shall be divided by 139
law into political subdivisions called counties. Counties may be 140
created, abolished or changed by law, with provision for payment 141
or apportionment of the public debt. 142
(b) COUNTY FUNDS. The care, custody and method of 143
disbursing county funds shall be provided by general law. 144
(c) GOVERNMENT. Pursuant to general or special law, a 145
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county government may be established by charter which shall be 146
adopted, amended or repealed only upon vote of the electors of 147
the county in a special election called for that purpose. 148
(d) COUNTY OFFICERS. There shall be elected by the electors 149
of each county, for terms of four years, a sheriff, a tax 150
collector, a property appraiser, a supervisor of elections, and 151
a clerk of the circuit court; except, when provided by county 152
charter or special law approved by vote of the electors of the 153
county, any county officer may be chosen in another manner 154
therein specified, or any county office may be abolished when 155
all the duties of the office prescribed by general law are 156
transferred to another office. Unless When not otherwise 157
provided by county charter or special law approved by vote of 158
the electors or pursuant to Article V, section 16, the clerk of 159
the circuit court shall be ex officio clerk of the board of 160
county commissioners, auditor, recorder and custodian of all 161
county funds. Notwithstanding subsection 6(e) of this article, a 162
county charter may not abolish the office of a sheriff, a tax 163
collector, a property appraiser, a supervisor of elections, or a 164
clerk of the circuit court; transfer the duties of those 165
officers to another officer or office; change the length of the 166
four-year term of office; or establish any manner of selection 167
other than by election by the electors of the county. 168
(e) COMMISSIONERS. Except when otherwise provided by county 169
charter, the governing body of each county shall be a board of 170
county commissioners composed of five or seven members serving 171
staggered terms of four years. After each decennial census the 172
board of county commissioners shall divide the county into 173
districts of contiguous territory as nearly equal in population 174
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as practicable. One commissioner residing in each district shall 175
be elected as provided by law. 176
(f) NON-CHARTER GOVERNMENT. Counties not operating under 177
county charters shall have such power of self-government as is 178
provided by general or special law. The board of county 179
commissioners of a county not operating under a charter may 180
enact, in a manner prescribed by general law, county ordinances 181
not inconsistent with general or special law, but an ordinance 182
in conflict with a municipal ordinance shall not be effective 183
within the municipality to the extent of such conflict. 184
(g) CHARTER GOVERNMENT. Counties operating under county 185
charters shall have all powers of local self-government not 186
inconsistent with general law, or with special law approved by 187
vote of the electors. The governing body of a county operating 188
under a charter may enact county ordinances not inconsistent 189
with general law. The charter shall provide which shall prevail 190
in the event of conflict between county and municipal 191
ordinances. 192
(h) TAXES; LIMITATION. Property situate within 193
municipalities shall not be subject to taxation for services 194
rendered by the county exclusively for the benefit of the 195
property or residents in unincorporated areas. 196
(i) COUNTY ORDINANCES. Each county ordinance shall be filed 197
with the custodian of state records and shall become effective 198
at such time thereafter as is provided by general law. 199
(j) VIOLATION OF ORDINANCES. Persons violating county 200
ordinances shall be prosecuted and punished as provided by law. 201
(k) COUNTY SEAT. In every county there shall be a county 202
seat at which shall be located the principal offices and 203
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permanent records of all county officers. The county seat may 204
not be moved except as provided by general law. Branch offices 205
for the conduct of county business may be established elsewhere 206
in the county by resolution of the governing body of the county 207
in the manner prescribed by law. No instrument shall be deemed 208
recorded until filed at the county seat, or a branch office 209
designated by the governing body of the county for the recording 210
of instruments, according to law. 211
SECTION 6. Schedule to Article VIII.— 212
(a) This article shall replace all of Article VIII of the 213
Constitution of 1885, as amended, except those sections 214
expressly retained and made a part of this article by reference. 215
(b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The 216
status of the following items as they exist on the date this 217
article becomes effective is recognized and shall be continued 218
until changed in accordance with law: the counties of the state; 219
their status with respect to the legality of the sale of 220
intoxicating liquors, wines and beers; the method of selection 221
of county officers; the performance of municipal functions by 222
county officers; the county seats; and the municipalities and 223
special districts of the state, their powers, jurisdiction and 224
government. 225
(c) OFFICERS TO CONTINUE IN OFFICE. Every person holding 226
office when this article becomes effective shall continue in 227
office for the remainder of the term if that office is not 228
abolished. If the office is abolished the incumbent shall be 229
paid adequate compensation, to be fixed by law, for the loss of 230
emoluments for the remainder of the term. 231
(d) ORDINANCES. Local laws relating only to unincorporated 232
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areas of a county on the effective date of this article may be 233
amended or repealed by county ordinance. 234
(e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9, 235
10, 11 and 24, of the Constitution of 1885, as amended, shall 236
remain in full force and effect as to each county affected, as 237
if this article had not been adopted, until that county shall 238
expressly adopt a charter or home rule plan pursuant to this 239
article. All provisions of the Metropolitan Dade County Home 240
Rule Charter, heretofore or hereafter adopted by the electors of 241
Dade County pursuant to Article VIII, Section 11, of the 242
Constitution of 1885, as amended, shall be valid, and any 243
amendments to such charter shall be valid; provided that the 244
said provisions of such charter and the said amendments thereto 245
are authorized under said Article VIII, Section 11, of the 246
Constitution of 1885, as amended. 247
(f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To 248
the extent not inconsistent with the powers of existing 249
municipalities or general law, the Metropolitan Government of 250
Dade County may exercise all the powers conferred now or 251
hereafter by general law upon municipalities. 252
(g) SELECTION AND DUTIES OF COUNTY OFFICERS.— 253
(1) Except as provided in this subsection, the amendment to 254
Section 1 of this article, relating to the selection and duties 255
of county officers, shall take effect January 5, 2021, but shall 256
govern with respect to the qualifying for and the holding of the 257
primary and general elections for county constitutional officers 258
in 2020. 259
(2) For Miami-Dade County and Broward County, the amendment 260
to Section 1 of this article, relating to the selection and 261
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duties of county officers, shall take effect January 7, 2025, 262
but shall govern with respect to the qualifying for and the 263
holding of the primary and general elections for county 264
constitutional officers in 2024. 265
(h)(g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature 266
shall have power, by joint resolution, to delete from this 267
article any subsection of this Section 6, including this 268
subsection, when all events to which the subsection to be 269
deleted is or could become applicable have occurred. A 270
legislative determination of fact made as a basis for 271
application of this subsection shall be subject to judicial 272
review. 273
274
BE IT FURTHER PROPOSED that the following statement be placed on 275
the ballot: 276
277
CONSTITUTIONAL AMENDMENT 278
ARTICLE III, SECTION 3 279
ARTICLE IV, SECTIONS 4, 11 280
ARTICLE VIII, SECTIONS 1, 6 281
STATE AND LOCAL GOVERNMENT STRUCTURE AND OPERATION.—282
Requires legislature to retain department of veterans’ affairs. 283
Ensures election of sheriffs, property appraisers, supervisors 284
of elections, tax collectors, and clerks of court in all 285
counties; removes county charters’ ability to abolish, change 286
term, transfer duties, or eliminate election of these offices. 287
Changes annual legislative session commencement date in even-288
numbered years from March to January; removes legislature’s 289
authorization to fix another date. Creates office of domestic 290
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security and counterterrorism within department of law 291
enforcement. 292
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1
REVISION 6 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to the removal of 6
discriminatory and obsolete provisions; amending 7
Section 2 of Article I of the State Constitution to 8
remove a provision authorizing laws that regulate or 9
prohibit the ownership, inheritance, disposition, and 10
possession of real property by aliens ineligible for 11
citizenship; amending Section 9 of Article X of the 12
State Constitution to remove prohibition on the 13
retroactive application of changes in criminal laws to 14
the punishment of previously committed crimes; and 15
amending Section 19 of Article X of the State 16
Constitution to delete an obsolete provision regarding 17
the development of a high speed ground transportation 18
system. 19
20
Be It Proposed by the Constitution Revision Commission of 21
Florida: 22
23
Section 2 of Article I of the State Constitution is amended 24
to read: 25
ARTICLE I 26
DECLARATION OF RIGHTS 27
SECTION 2. Basic rights.—All natural persons, female and 28
male alike, are equal before the law and have inalienable 29
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rights, among which are the right to enjoy and defend life and 30
liberty, to pursue happiness, to be rewarded for industry, and 31
to acquire, possess and protect property; except that the 32
ownership, inheritance, disposition and possession of real 33
property by aliens ineligible for citizenship may be regulated 34
or prohibited by law. No person shall be deprived of any right 35
because of race, religion, national origin, or physical 36
disability. 37
38
Sections 9 and 19 of Article X of the State Constitution 39
are amended to read: 40
ARTICLE X 41
MISCELLANEOUS 42
SECTION 9. Repeal of criminal statutes.—Repeal or amendment 43
of a criminal statute shall not affect prosecution or punishment 44
for any crime previously committed before such repeal. 45
SECTION 19. Repealed High speed ground transportation 46
system.—To reduce traffic congestion and provide alternatives to 47
the traveling public, it is hereby declared to be in the public 48
interest that a high speed ground transportation system 49
consisting of a monorail, fixed guideway or magnetic levitation 50
system, capable of speeds in excess of 120 miles per hour, be 51
developed and operated in the State of Florida to provide high 52
speed ground transportation by innovative, efficient and 53
effective technologies consisting of dedicated rails or 54
guideways separated from motor vehicular traffic that will link 55
the five largest urban areas of the State as determined by the 56
Legislature and provide for access to existing air and ground 57
transportation facilities and services. The Legislature, the 58
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Cabinet and the Governor are hereby directed to proceed with the 59
development of such a system by the State and/or by a private 60
entity pursuant to state approval and authorization, including 61
the acquisition of right-of-way, the financing of design and 62
construction of the system, and the operation of the system, as 63
provided by specific appropriation and by law, with construction 64
to begin on or before November 1, 2003. 65
66
BE IT FURTHER PROPOSED that the following statement be placed on 67
the ballot: 68
69
CONSTITUTIONAL AMENDMENT 70
ARTICLE I, SECTION 2 71
ARTICLE X, SECTIONS 9, 19 72
PROPERTY RIGHTS; REMOVAL OF OBSOLETE PROVISION; CRIMINAL 73
STATUTES.—Removes discriminatory language related to real 74
property rights. Removes obsolete language repealed by voters. 75
Deletes provision that amendment of a criminal statute will not 76
affect prosecution or penalties for a crime committed before the 77
amendment; retains current provision allowing prosecution of a 78
crime committed before the repeal of a criminal statute. 79
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1
REVISION 7 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to ethics in government; 6
amending Section 8 of Article II and Section 13 of 7
Article V of the State Constitution, and creating a 8
new section in Article XII of the State Constitution, 9
to establish certain restrictions for specified public 10
officers and the judiciary regarding lobbying for 11
compensation of another person or entity before 12
certain government bodies and to prohibit the abuse of 13
a public position by public officers and employees. 14
15
Be It Proposed by the Constitution Revision Commission of 16
Florida: 17
18
Section 8 of Article II of the State Constitution is 19
amended to read: 20
ARTICLE II 21
GENERAL PROVISIONS 22
SECTION 8. Ethics in government.—A public office is a 23
public trust. The people shall have the right to secure and 24
sustain that trust against abuse. To assure this right: 25
(a) All elected constitutional officers and candidates for 26
such offices and, as may be determined by law, other public 27
officers, candidates, and employees shall file full and public 28
disclosure of their financial interests. 29
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(b) All elected public officers and candidates for such 30
offices shall file full and public disclosure of their campaign 31
finances. 32
(c) Any public officer or employee who breaches the public 33
trust for private gain and any person or entity inducing such 34
breach shall be liable to the state for all financial benefits 35
obtained by such actions. The manner of recovery and additional 36
damages may be provided by law. 37
(d) Any public officer or employee who is convicted of a 38
felony involving a breach of public trust shall be subject to 39
forfeiture of rights and privileges under a public retirement 40
system or pension plan in such manner as may be provided by law. 41
(e) No member of the legislature or statewide elected 42
officer shall personally represent another person or entity for 43
compensation before the government body or agency of which the 44
individual was an officer or member for a period of two years 45
following vacation of office. No member of the legislature shall 46
personally represent another person or entity for compensation 47
during term of office before any state agency other than 48
judicial tribunals. Similar restrictions on other public 49
officers and employees may be established by law. 50
(f)(1) For purposes of this subsection, the term “public 51
officer” means a statewide elected officer, a member of the 52
legislature, a county commissioner, a county officer pursuant to 53
Article VIII or county charter, a school board member, a 54
superintendent of schools, an elected municipal officer, an 55
elected special district officer in a special district with ad 56
valorem taxing authority, or a person serving as a secretary, an 57
executive director, or other agency head of a department of the 58
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executive branch of state government. 59
(2) A public officer shall not lobby for compensation on 60
issues of policy, appropriations, or procurement before the 61
federal government, the legislature, any state government body 62
or agency, or any political subdivision of this state, during 63
his or her term of office. 64
(3) A public officer shall not lobby for compensation on 65
issues of policy, appropriations, or procurement for a period of 66
six years after vacation of public position, as follows: 67
a. A statewide elected officer or member of the legislature68
shall not lobby the legislature or any state government body or 69
agency. 70
b. A person serving as a secretary, an executive director,71
or other agency head of a department of the executive branch of 72
state government shall not lobby the legislature, the governor, 73
the executive office of the governor, members of the cabinet, a 74
department that is headed by a member of the cabinet, or his or 75
her former department. 76
c. A county commissioner, a county officer pursuant to77
Article VIII or county charter, a school board member, a 78
superintendent of schools, an elected municipal officer, or an 79
elected special district officer in a special district with ad 80
valorem taxing authority shall not lobby his or her former 81
agency or governing body. 82
(4) This subsection shall not be construed to prohibit a 83
public officer from carrying out the duties of his or her public 84
office. 85
(5) The legislature may enact legislation to implement this 86
subsection, including, but not limited to, defining terms and 87
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providing penalties for violations. Any such law shall not 88
contain provisions on any other subject. 89
(g)(f) There shall be an independent commission to conduct 90
investigations and make public reports on all complaints 91
concerning breach of public trust by public officers or 92
employees not within the jurisdiction of the judicial 93
qualifications commission. 94
(h)(1)(g) A code of ethics for all state employees and 95
nonjudicial officers prohibiting conflict between public duty 96
and private interests shall be prescribed by law. 97
(2) A public officer or public employee shall not abuse his 98
or her public position in order to obtain a disproportionate 99
benefit for himself or herself; his or her spouse, children, or 100
employer; or for any business with which he or she contracts; in 101
which he or she is an officer, a partner, a director, or a 102
proprietor; or in which he or she owns an interest. The Florida 103
Commission on Ethics shall, by rule in accordance with statutory 104
procedures governing administrative rulemaking, define the term 105
“disproportionate benefit” and prescribe the requisite intent 106
for finding a violation of this prohibition for purposes of 107
enforcing this paragraph. Appropriate penalties shall be 108
prescribed by law. 109
(i)(h) This section shall not be construed to limit 110
disclosures and prohibitions which may be established by law to 111
preserve the public trust and avoid conflicts between public 112
duties and private interests. 113
(j)(i) Schedule—On the effective date of this amendment and 114
until changed by law: 115
(1) Full and public disclosure of financial interests shall 116
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mean filing with the custodian of state records by July 1 of 117
each year a sworn statement showing net worth and identifying 118
each asset and liability in excess of $1,000 and its value 119
together with one of the following: 120
a. A copy of the person’s most recent federal income tax121
return; or 122
b. A sworn statement which identifies each separate source123
and amount of income which exceeds $1,000. The forms for such 124
source disclosure and the rules under which they are to be filed 125
shall be prescribed by the independent commission established in 126
subsection (g) (f), and such rules shall include disclosure of 127
secondary sources of income. 128
(2) Persons holding statewide elective offices shall also 129
file disclosure of their financial interests pursuant to 130
paragraph (1) subsection (i)(1). 131
(3) The independent commission provided for in subsection 132
(g) (f) shall mean the Florida Commission on Ethics. 133
134
Section 13 of Article V of the State Constitution is 135
amended to read: 136
ARTICLE V 137
JUDICIARY 138
SECTION 13. Ethics in the judiciary Prohibited activities.— 139
(a) All justices and judges shall devote full time to their 140
judicial duties. A justice or judge They shall not engage in the 141
practice of law or hold office in any political party. 142
(b) A former justice or former judge shall not lobby for 143
compensation on issues of policy, appropriations, or procurement 144
before the legislative or executive branches of state government 145
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for a period of six years after he or she vacates his or her 146
judicial position. The legislature may enact legislation to 147
implement this subsection, including, but not limited to, 148
defining terms and providing penalties for violations. Any such 149
law shall not contain provisions on any other subject. 150
151
A new section is added to Article XII of the State 152
Constitution to read: 153
ARTICLE XII 154
SCHEDULE 155
Prohibitions regarding lobbying for compensation and abuse 156
of public position by public officers and public employees.—The 157
amendments to Section 8 of Article II and Section 13 of Article 158
V shall take effect December 31, 2022; except that the 159
amendments to Section 8(h) of Article II shall take effect 160
December 31, 2020, and: 161
(a) The Florida Commission on Ethics shall, by rule, define 162
the term “disproportionate benefit” and prescribe the requisite 163
intent for finding a violation of the prohibition against abuse 164
of public position by October 1, 2019, as specified in Section 165
8(h) of Article II. 166
(b) Following the adoption of rules pursuant to subsection 167
(a), the legislature shall enact implementing legislation 168
establishing penalties for violations of the prohibition against 169
abuse of public position to take effect December 31, 2020. 170
171
BE IT FURTHER PROPOSED that the following statement be placed on 172
the ballot: 173
174
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CONSTITUTIONAL AMENDMENT 175
ARTICLE II, SECTION 8 176
ARTICLE V, SECTION 13 177
ARTICLE XII, NEW SECTION 178
LOBBYING AND ABUSE OF OFFICE BY PUBLIC OFFICERS.—Expands 179
current restrictions on lobbying for compensation by former 180
public officers; creates restrictions on lobbying for 181
compensation by serving public officers and former justices and 182
judges; provides exceptions; prohibits abuse of a public 183
position by public officers and employees to obtain a personal 184
benefit. 185
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1
REVISION 8 2
A proposal to revise the State Constitution by the Constitution 3
Revision Commission of Florida. 4
5
A proposed revision relating to ending dog racing; 6
creating new sections in Article X and Article XII of 7
the State Constitution to prohibit the racing of, and 8
wagering on, greyhounds and other dogs after a 9
specified date. 10
11
Be It Proposed by the Constitution Revision Commission of 12
Florida: 13
14
A new section is added to Article X of the State 15
Constitution to read: 16
ARTICLE X 17
MISCELLANEOUS 18
Prohibition on racing of and wagering on greyhounds or 19
other dogs.-The humane treatment of animals is a fundamental 20
value of the people of the State of Florida. After December 31, 21
2020, a person authorized to conduct gaming or pari-mutuel 22
operations may not race greyhounds or any member of the Canis 23
Familiaris subspecies in connection with any wager for money or 24
any other thing of value in this state, and persons in this 25
state may not wager money or any other thing of value on the 26
outcome of a live dog race occurring in this state. The failure 27
to conduct greyhound racing or wagering on greyhound racing 28
after December 31, 2018, does not constitute grounds to revoke 29
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or deny renewal of other related gaming licenses held by a 30
person who is a licensed greyhound permitholder on January 1, 31
2018, and does not affect the eligibility of such permitholder, 32
or such permitholder’s facility, to conduct other pari-mutuel 33
activities authorized by general law. By general law, the 34
legislature shall specify civil or criminal penalties for 35
violations of this section and for activities that aid or abet 36
violations of this section. 37
38
A new section is added to Article XII of the State 39
Constitution to read: 40
ARTICLE XII 41
SCHEDULE 42
Prohibition on racing of or wagering on greyhounds or other 43
dogs.-The amendment to Article X, which prohibits the racing of 44
or wagering on greyhound and other dogs, and the creation of 45
this section, shall take effect upon the approval of the 46
electors. 47
48
BE IT FURTHER PROPOSED that the following statement be 49
placed on the ballot: 50
51
CONSTITUTIONAL AMENDMENT 52
ARTICLE X, NEW SECTION 53
ARTICLE XII, NEW SECTION 54
ENDS DOG RACING.—Phases out commercial dog racing in 55
connection with wagering by 2020. Other gaming activities are 56
not affected. 57
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