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. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. Changes, additions, reductions, or improvements 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 provided in this subsection. Disclaimer: The information on this system is unverified. 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. Methods of execution may be designated by the legislature, and a change in any method of execution may be applied retroactively. Proposed by Taxation and Budget Reform Commission, Revision No. 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. 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. Any such law shall not contain provisions on any other subject. 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. 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, modifying, or repealing noncriminal infractions, are exempt from the requirements of this section. 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. 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. General law shall provide for a long-range state planning document. Department means the Department of Health or its successor agency. The commission may conduct its meetings through teleconferences or similar means. The suspended officer may at any time before removal be reinstated by the governor. Prohibition of medical license after repeated medical malpractice. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. This section, originally designated section 24 by Revision No. The district courts of appeal shall have the jurisdiction immediately theretofore exercised by the district courts of appeal and shall determine all proceedings pending before them on the effective date of this article. OTHERS. 3576, 1972, subsection (d) read as follows: Section 18, Art. 858, 1941; adopted 1942; Am. a municipality, county, special district, or agency of any of them, being a joint owner of, giving, or lending or using its taxing power or credit for the joint ownership, construction and operation of electrical energy generating or transmission facilities with any corporation, association, partnership or person. The victim, the retained attorney of the victim, a 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. Upon expiration, this section shall be repealed and the text of. At its initial meeting, the members of the 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. for S.J.R. for C.S. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. The Legislature may, by general law, waive the annual application requirement in subsequent years. 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. Am. VIII of the Constitution of 1885, as amended, reads as follows: Section 11 of Art. SUPREME COURT.The supreme court shall receive recommendations from the judicial qualifications commissions hearing panel. 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. Inhumane treatment of animals is a concern of Florida citizens. 1616, 1988; adopted 1988; Ams. S.J.R. 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. The provisions governing the administration of the department must comply with Section 6 of Article IV of the State Constitution. 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. 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 functions. No state ad valorem taxes shall be levied upon real estate or tangible personal property. 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. H.J.R. . Excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. . Unless otherwise provided herein, the amendment to Section 14 shall be fully effectuated by July 1, 2004. 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 statewide elected officer or member of the legislature shall not lobby the legislature or any state government body or agency. 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. 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. FINAL BUDGET REPORT. 21, 2017; adopted 2018. A Comprehensive Guide to Florida's 2022 Constitutional Amendments On November 8, 2022, Floridians will vote on three legislatively referred proposed amendments to the Florida Constitution. 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 state, by virtue of its sovereignty, in trust for all the people. A physician certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of the patient. Tax exemption for totally and permanently disabled first responders. for S.J.R. Proposed by Initiative Petition filed with the Secretary of State September 28, 2007; adopted 2010. Such notice shall not be necessary when the law, except the provision for referendum, is conditioned to become effective only upon approval by vote of the electors of the area affected. Am. 637, 1973; adopted 1974; Am. Property tax exemptions and limitations on property tax assessments. Members of the judicial qualifications commission not subject to impeachment shall be subject to removal from the commission pursuant to the provisions of Article IV, Section 7, Florida Constitution. The legislature may, by general law, for assessment purposes and subject to the provisions of this subsection, allow counties and municipalities to authorize by ordinance that historic property may be assessed solely on the basis of character or use. for H.J.R. for H.J.R. Ams. C.S. Proposed by Constitution Revision Commission, Revision No. 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. 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. 3 Constitutional Amendment 3505, 1998; adopted 1998; Am. 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. . Added, C.S. The effective date and severability provision reads: Subject to the requirements of the first paragraph of this subsection (a)(2), beginning July 1, 1975, all of the proceeds of the revenues derived from the gross receipts taxes collected from every person, including municipalities, as provided and levied pursuant to the provisions of chapter 203, Florida Statutes, as such chapter is amended from time to time, shall, as collected, be placed in a trust fund to be known as the public education capital outlay and debt service trust fund in the state treasury (hereinafter referred to as capital outlay fund), and used only as provided herein. 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. . 93, 2012; adopted 2012; Am. This restriction shall not apply to a trade in of another handgun. To protect the people of Florida and their 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 states territorial seas. The vote may not be taken less than seventy-two hours after the third reading of the bill. GOVERNMENT. The confinement or tethering of each pig shall constitute a separate offense. C.S. The legislature, 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 subsection (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. 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. 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. The Department shall protect the confidentiality of all qualifying patients. 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. proposed by Initiative Petition filed with the Secretary of State February 18, 2004; adopted 2004; Am. 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 consecutively numbered representative districts of either contiguous, overlapping or identical territory. Each legislator shall be at 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. 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. . 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. proposed by Constitution Revision Commission, Revision No. 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. . The legislature may enact legislation to implement this subsection, including, but not limited to, defining terms and providing penalties for violations. The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law. Group III.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., 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. Workplaces without tobacco smoke or vapor. SUPERMAJORITY VOTE REQUIRED TO IMPOSE OR AUTHORIZE NEW STATE TAX OR FEE. Section 34, Art. Article VIII, Sections. By general law and subject to conditions and limitations specified therein, the Legislature may provide ad valorem tax relief equal to the total amount or a portion of the ad valorem tax otherwise owed on homestead property to: 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. This section, originally designated section 18 by S.J.R. Each decennial census of the state taken by the United States shall be an official census of the state. 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. (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. C.S. Pursuant to general law tangible personal property held for sale as stock in trade and livestock may be valued for taxation at a specified percentage of its value, may be classified for tax purposes, or may be exempted from taxation. 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. 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. There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. 3151, 1998; adopted 1998; Am. Thereafter, the commission shall convene at the call of the chair. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. Such law may be amended or repealed by like vote. 2 Constitutional Amendment A victim shall have the following specific rights upon request: 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, notwithstanding any rule to the contrary. Such a reduction may not exceed the lesser of the following: The increase in assessed value resulting from construction or reconstruction of the property. Counties, school districts, municipalities, special districts and local governmental bodies with taxing powers may issue bonds, certificates of indebtedness or any form of tax anticipation certificates, payable from ad valorem taxation and maturing more than twelve months after issuance only: to finance or refinance capital projects authorized by law and only when approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation; or. Nothing herein contained shall preclude such government as may be established hereunder from receiving all funds and revenues from whatever source now received, or hereinafter received provided by law. The qualifications and the number of jurors, not fewer than six, shall be fixed by law. proposed by the Taxation and Budget Reform Commission, Revision No. S.J.R. 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. More: Florida Department of State booklet on 2022 proposed amendments. EFFECTIVE DATE.Unless otherwise provided herein, this article shall become effective at 11:59 oclock P.M., Eastern Standard Time, January 1, 1973. Prohibitions regarding lobbying for compensation and abuse of public position by public officers and public employees. 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. By law there shall be created a civil service system for state employees, 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. Published April 28, 2023 at 3:59 PM EDT. 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. SENATORIAL AND REPRESENTATIVE DISTRICTS. SECTION 11. Where legal, the sale of intoxicating liquors, wines and beers shall be regulated by law. 2 Introduction . 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 obligations. The legislature shall enact laws governing the enforcement of this section, including 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. No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.