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FLORIDA
CONSTITUTION OF THE STATE OF FLORIDA
AS REVISED IN 1968 AND
SUBSEQUENTLY AMENDED
The
Constitution of the State of Florida as revised in 1968 consisted of
certain revised articles as proposed by three joint resolutions which
were adopted during the special session of June 24-July 3, 1968, and
ratified by the electorate on November 5, 1968, together with one
article carried forward from the Constitution of 1885, as amended. The
articles proposed in House Joint Resolution 1-2X constituted the entire
revised constitution with the exception of Articles V, VI, and VIII.
Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage
and elections. Senate Joint Resolution 5-2X proposed a new Article VIII,
relating to local government. Article V, relating to the judiciary, was
carried forward from the Constitution of 1885, as amended.
Sections
composing the 1968 revision have no history notes. Subsequent changes
are indicated by notes appended to the affected sections. The indexes
appearing at the beginning of each article, notes appearing at the end
of various sections, and section and subsection headings are added
editorially and are not to be considered as part of the constitution.
PREAMBLE
We, the
people of the State of Florida, being grateful to Almighty God for our
constitutional liberty, in order to secure its benefits, perfect our
government, insure domestic tranquility, maintain public order, and
guarantee equal civil and political rights to all, do ordain and
establish this constitution.
ARTICLE I DECLARATION OF RIGHTS
ARTICLE II GENERAL PROVISIONS
ARTICLE III LEGISLATURE
ARTICLE IV EXECUTIVE
ARTICLE V JUDICIARY
ARTICLE VI SUFFRAGE AND ELECTIONS
ARTICLE VII FINANCE AND TAXATION
ARTICLE VIII LOCAL GOVERNMENT
ARTICLE IX EDUCATION
ARTICLE X MISCELLANEOUS
ARTICLE XI AMENDMENTS
ARTICLE XII SCHEDULE
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1. Political power.
SECTION 2. Basic rights.
SECTION 3. Religious freedom.
SECTION 4. Freedom of speech and press.
SECTION 5. Right to assemble.
SECTION 6. Right to work.
SECTION 7. Military power.
SECTION 8. Right to bear arms.
SECTION 9. Due process.
SECTION 10. Prohibited laws.
SECTION 11. Imprisonment for debt.
SECTION 12. Searches and seizures.
SECTION 13. Habeas corpus.
SECTION 14. Pretrial release and detention.
SECTION 15. Prosecution for crime; offenses committed by children.
SECTION 16. Rights of accused and of victims.
SECTION 17. Excessive punishments.
SECTION 18. Administrative penalties.
SECTION 19. Costs.
SECTION 20. Treason.
SECTION 21. Access to courts.
SECTION 22. Trial by jury.
SECTION 23. Right of privacy.
SECTION 24. Access to public records and meetings.
SECTION 25. Taxpayers' Bill of Rights.
SECTION 26. Claimant's right to fair compensation.
SECTION
1. Political power.--All political power is inherent in the people.
The enunciation herein of certain rights shall not be construed to deny
or impair others retained by the people.
SECTION
2. Basic rights.--All natural persons, female and male alike, are
equal before the law and have inalienable rights, among which are the
right to enjoy and defend life and liberty, to pursue happiness, to be
rewarded for industry, and to acquire, possess and protect property;
except that the ownership, inheritance, disposition and possession of
real property by aliens ineligible for citizenship may be regulated or
prohibited by law. No person shall be deprived of any right because of
race, religion, national origin, or physical disability.
History.--Am. S.J.R.
917, 1974; adopted 1974; Am. proposed by Constitution Revision
Commission, Revision No. 9, 1998, filed with the Secretary of State May
5, 1998; adopted 1998.
SECTION
3. Religious freedom.--There shall be no law respecting the
establishment of religion or prohibiting or penalizing the free exercise
thereof. Religious freedom shall not justify practices inconsistent with
public morals, peace or safety. No revenue of the state or any political
subdivision or agency thereof shall ever be taken from the public
treasury directly or indirectly in aid of any church, sect, or religious
denomination or in aid of any sectarian institution.
SECTION
4. Freedom of speech and press.--Every person may speak, write and
publish sentiments on all subjects but shall be responsible for the
abuse of that right. No law shall be passed to restrain or abridge the
liberty of speech or of the press. In all criminal prosecutions and
civil actions for defamation the truth may be given in evidence. If the
matter charged as defamatory is true and was published with good
motives, the party shall be acquitted or exonerated.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
5. Right to assemble.--The people shall have the right peaceably to
assemble, to instruct their representatives, and to petition for redress
of grievances.
SECTION
6. Right to work.--The right of persons to work shall not be denied
or abridged on account of membership or non-membership in any labor
union or labor organization. The right of employees, by and through a
labor organization, to bargain collectively shall not be denied or
abridged. Public employees shall not have the right to strike.
SECTION
7. Military power.--The military power shall be subordinate to the
civil.
SECTION
8. Right to bear arms.--
(a) The right of the people
to keep and bear arms in defense of themselves and of the lawful
authority of the state shall not be infringed, except that the manner of
bearing arms may be regulated by law.
(b) There shall be a
mandatory period of three days, excluding weekends and legal holidays,
between the purchase and delivery at retail of any handgun. For the
purposes of this section, "purchase" means the transfer of money or
other valuable consideration to the retailer, and "handgun" means a
firearm capable of being carried and used by one hand, such as a pistol
or revolver. Holders of a concealed weapon permit as prescribed in
Florida law shall not be subject to the provisions of this paragraph.
(c) The legislature shall
enact legislation implementing subsection (b) of this section, effective
no later than December 31, 1991, which shall provide that anyone
violating the provisions of subsection (b) shall be guilty of a felony.
(d) This restriction shall
not apply to a trade in of another handgun.
History.--Am. C.S.
for S.J.R. 43, 1989; adopted 1990.
SECTION
9. Due process.--No person shall be deprived of life, liberty or
property without due process of law, or be twice put in jeopardy for the
same offense, or be compelled in any criminal matter to be a witness
against oneself.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
10. Prohibited laws.--No bill of attainder, ex post facto law or
law impairing the obligation of contracts shall be passed.
SECTION
11. Imprisonment for debt.--No person shall be imprisoned for debt,
except in cases of fraud.
SECTION
12. Searches and seizures.--The right of the people to be secure in
their persons, houses, papers and effects against unreasonable searches
and seizures, and against the unreasonable interception of private
communications by any means, shall not be violated. No warrant shall be
issued except upon probable cause, supported by affidavit, particularly
describing the place or places to be searched, the person or persons,
thing or things to be seized, the communication to be intercepted, and
the nature of evidence to be obtained. This right shall be construed in
conformity with the 4th Amendment to the United States Constitution, as
interpreted by the United States Supreme Court. Articles or information
obtained in violation of this right shall not be admissible in evidence
if such articles or information would be inadmissible under decisions of
the United States Supreme Court construing the 4th Amendment to the
United States Constitution.
History.--Am. H.J.R.
31-H, 1982; adopted 1982.
SECTION
13. Habeas corpus.--The writ of habeas corpus shall be grantable of
right, freely and without cost. It shall be returnable without delay,
and shall never be suspended unless, in case of rebellion or invasion,
suspension is essential to the public safety.
SECTION
14. Pretrial release and detention.--Unless charged with a capital
offense or an offense punishable by life imprisonment and the proof of
guilt is evident or the presumption is great, every person charged with
a crime or violation of municipal or county ordinance shall be entitled
to pretrial release on reasonable conditions. If no conditions of
release can reasonably protect the community from risk of physical harm
to persons, assure the presence of the accused at trial, or assure the
integrity of the judicial process, the accused may be detained.
History.--Am. H.J.R.
43-H, 1982; adopted 1982.
SECTION
15. Prosecution for crime; offenses committed by children.--
(a) No person shall be
tried for capital crime without presentment or indictment by a grand
jury, or for other felony without such presentment or indictment or an
information under oath filed by the prosecuting officer of the court,
except persons on active duty in the militia when tried by courts
martial.
(b) When authorized by law,
a child as therein defined may be charged with a violation of law as an
act of delinquency instead of crime and tried without a jury or other
requirements applicable to criminal cases. Any child so charged shall,
upon demand made as provided by law before a trial in a juvenile
proceeding, be tried in an appropriate court as an adult. A child found
delinquent shall be disciplined as provided by law.
SECTION
16. Rights of accused and of victims.--
(a) In all criminal
prosecutions the accused shall, upon demand, be informed of the nature
and cause of the accusation, and shall be furnished a copy of the
charges, and shall have the right to have compulsory process for
witnesses, to confront at trial adverse witnesses, to be heard in
person, by counsel or both, and to have a speedy and public trial by
impartial jury in the county where the crime was committed. If the
county is not known, the indictment or information may charge venue in
two or more counties conjunctively and proof that the crime was
committed in that area shall be sufficient; but before pleading the
accused may elect in which of those counties the trial will take place.
Venue for prosecution of crimes committed beyond the boundaries of the
state shall be fixed by law.
(b) Victims of crime or
their lawful representatives, including the next of kin of homicide
victims, are entitled to the right to be informed, to be present, and to
be heard when relevant, at all crucial stages of criminal proceedings,
to the extent that these rights do not interfere with the constitutional
rights of the accused.
History.--Am. S.J.R.
135, 1987; adopted 1988; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the Secretary of State May
5, 1998; adopted 1998.
SECTION
17. Excessive punishments.--Excessive fines, cruel and unusual
punishment, attainder, forfeiture of estate, indefinite imprisonment,
and unreasonable detention of witnesses are forbidden. The death penalty
is an authorized punishment for capital crimes designated by the
legislature. The prohibition against cruel or unusual punishment, and
the prohibition against cruel and unusual punishment, shall be construed
in conformity with decisions of the United States Supreme Court which
interpret the prohibition against cruel and unusual punishment provided
in the Eighth Amendment to the United States Constitution. Any method of
execution shall be allowed, unless prohibited by the United States
Constitution. Methods of execution may be designated by the legislature,
and a change in any method of execution may be applied retroactively. A
sentence of death shall not be reduced on the basis that a method of
execution is invalid. In any case in which an execution method is
declared invalid, the death sentence shall remain in force until the
sentence can be lawfully executed by any valid method. This section
shall apply retroactively.
History.--Am. H.J.R.
3505, 1998; adopted 1998; Am. H.J.R. 951, 2001; adopted 2002.
SECTION
18. Administrative penalties.--No administrative agency, except the
Department of Military Affairs in an appropriately convened
court-martial action as provided by law, shall impose a sentence of
imprisonment, nor shall it impose any other penalty except as provided
by law.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
19. Costs.--No person charged with crime shall be compelled to pay
costs before a judgment of conviction has become final.
SECTION
20. Treason.--Treason against the state shall consist only in
levying war against it, adhering to its enemies, or giving them aid and
comfort, and no person shall be convicted of treason except on the
testimony of two witnesses to the same overt act or on confession in
open court.
SECTION
21. Access to courts.--The courts shall be open to every person for
redress of any injury, and justice shall be administered without sale,
denial or delay.
SECTION
22. Trial by jury.--The right of trial by jury shall be secure to
all and remain inviolate. The qualifications and the number of jurors,
not fewer than six, shall be fixed by law.
SECTION
23. Right of privacy.--Every natural person has the right to be let
alone and free from governmental intrusion into the person's private
life except as otherwise provided herein. This section shall not be
construed to limit the public's right of access to public records and
meetings as provided by law.
History.--Added, C.S.
for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution
Revision Commission, Revision No. 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION
24. Access to public records and meetings.--
(a) Every person has the
right to inspect or copy any public record made or received in
connection with the official business of any public body, officer, or
employee of the state, or persons acting on their behalf, except with
respect to records exempted pursuant to this section or specifically
made confidential by this Constitution. This section specifically
includes the legislative, executive, and judicial branches of government
and each agency or department created thereunder; counties,
municipalities, and districts; and each constitutional officer, board,
and commission, or entity created pursuant to law or this Constitution.
(b) All meetings of any
collegial public body of the executive branch of state government or of
any collegial public body of a county, municipality, school district, or
special district, at which official acts are to be taken or at which
public business of such body is to be transacted or discussed, shall be
open and noticed to the public and meetings of the legislature shall be
open and noticed as provided in Article III, Section 4(e), except with
respect to meetings exempted pursuant to this section or specifically
closed by this Constitution.
(c) This section shall be
self-executing. 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. 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. Laws
enacted pursuant to this subsection shall contain only exemptions from
the requirements of subsections (a) or (b) and provisions governing the
enforcement of this section, and shall relate to one subject.
(d) All laws that are in
effect on July 1, 1993 that limit public access to records or meetings
shall remain in force, and such laws apply to records of the legislative
and judicial branches, until they are repealed. Rules of court that are
in effect on the date of adoption of this section that limit access to
records shall remain in effect until they are repealed.
History.--Added, C.S.
for C.S. for H.J.R.'s 1727, 863, 2035, 1992; adopted 1992; Am. S.J.R.
1284, 2002; adopted 2002.
1SECTION
25. Taxpayers' Bill of Rights.--By general law the legislature
shall prescribe and adopt a Taxpayers' Bill of Rights that, in clear and
concise language, sets forth taxpayers' rights and responsibilities and
government's responsibilities to deal fairly with taxpayers under the
laws of this state. This section shall be effective July 1, 1993.
History.--Proposed by
Taxation and Budget Reform Commission, Revision No. 2, 1992, filed with
the Secretary of State May 7, 1992; adopted 1992.
1Note.--This
section, originally designated section 24 by Revision No. 2 of the
Taxation and Budget Reform Commission, 1992, was redesignated section 25
by the editors in order to avoid confusion with section 24 as contained
in H.J.R.'s 1727, 863, 2035, 1992.
SECTION
26. Claimant's right to fair compensation.--
(a) Article I, Section 26
is created to read "Claimant's right to fair compensation." In any
medical liability claim involving a contingency fee, the claimant is
entitled to receive no less than 70% of the first $250,000.00 in all
damages received by the claimant, exclusive of reasonable and customary
costs, whether received by judgment, settlement, or otherwise, and
regardless of the number of defendants. The claimant is entitled to 90%
of all damages in excess of $250,000.00, exclusive of reasonable and
customary costs and regardless of the number of defendants. This
provision is self-executing and does not require implementing
legislation.
(b) This Amendment shall
take effect on the day following approval by the voters.
History.--Proposed by
Initiative Petition filed with the Secretary of State September 8, 2003;
adopted 2004.
ARTICLE II
GENERAL PROVISIONS
SECTION 1. State boundaries.
SECTION 2. Seat of government.
SECTION 3. Branches of government.
SECTION 4. State seal and flag.
SECTION 5. Public officers.
SECTION 6. Enemy attack.
SECTION 7. Natural resources and scenic beauty.
SECTION 8. Ethics in government.
SECTION 9. English is the official language of Florida.
SECTION
1. State boundaries.--
(a) The state boundaries
are: Begin at the mouth of the Perdido River, which for the purposes of
this description is defined as the point where latitude 30°16'53" north
and longitude 87°31'06" west intersect; thence to the point where
latitude 30°17'02" north and longitude 87°31'06" west intersect; thence
to the point where latitude 30°18'00" north and longitude 87°27'08" west
intersect; thence to the point where the center line of the Intracoastal
Canal (as the same existed on June 12, 1953) and longitude 87°27'00"
west intersect; the same being in the middle of the Perdido River;
thence up the middle of the Perdido River to the point where it
intersects the south boundary of the State of Alabama, being also the
point of intersection of the middle of the Perdido River with latitude
31°00'00" north; thence east, along the south boundary line of the State
of Alabama, the same being latitude 31°00'00" north to the middle of the
Chattahoochee River; thence down the middle of said river to its
confluence with the Flint River; thence in a straight line to the head
of the St. Marys River; thence down the middle of said river to the
Atlantic Ocean; thence due east to the edge of the Gulf Stream or a
distance of three geographic miles whichever is the greater distance;
thence in a southerly direction along the edge of the Gulf Stream or
along a line three geographic miles from the Atlantic coastline and
three leagues distant from the Gulf of Mexico coastline, whichever is
greater, to and through the Straits of Florida and westerly, including
the Florida reefs, to a point due south of and three leagues from the
southernmost point of the Marquesas Keys; thence westerly along a
straight line to a point due south of and three leagues from Loggerhead
Key, the westernmost of the Dry Tortugas Islands; thence westerly,
northerly and easterly along the arc of a curve three leagues distant
from Loggerhead Key to a point due north of Loggerhead Key; thence
northeast along a straight line to a point three leagues from the
coastline of Florida; thence northerly and westerly three leagues
distant from the coastline to a point west of the mouth of the Perdido
River three leagues from the coastline as measured on a line bearing
south 0°01'00" west from the point of beginning; thence northerly along
said line to the point of beginning. The State of Florida shall also
include any additional territory within the United States adjacent to
the Peninsula of Florida lying south of the St. Marys River, east of the
Perdido River, and south of the States of Alabama and Georgia.
(b) The coastal boundaries
may be extended by statute to the limits permitted by the laws of the
United States or international law.
SECTION
2. Seat of government.--The seat of government shall be the City of
Tallahassee, in Leon County, where the offices of the governor,
lieutenant governor, cabinet members and the supreme court shall be
maintained and the sessions of the legislature shall be held; provided
that, in time of invasion or grave emergency, the governor by
proclamation may for the period of the emergency transfer the seat of
government to another place.
SECTION
3. Branches of government.--The powers of the state government
shall be divided into legislative, executive and judicial branches. No
person belonging to one branch shall exercise any powers appertaining to
either of the other branches unless expressly provided herein.
SECTION
4. State seal and flag.--The design of the great seal and flag of
the state shall be prescribed by law.
SECTION
5. Public officers.--
(a) No person holding any
office of emolument under any foreign government, or civil office of
emolument under the United States or any other state, shall hold any
office of honor or of emolument under the government of this state. No
person shall hold at the same time more than one office under the
government of the state and the counties and municipalities therein,
except that a notary public or military officer may hold another office,
and any officer may be a member of a constitution revision commission,
taxation and budget reform commission, constitutional convention, or
statutory body having only advisory powers.
(b) Each state and county
officer, before entering upon the duties of the office, shall give bond
as required by law, and shall swear or affirm:
"I do solemnly swear (or
affirm) that I will support, protect, and defend the Constitution and
Government of the United States and of the State of Florida; that I am
duly qualified to hold office under the Constitution of the state; and
that I will well and faithfully perform the duties of
(title of office) on which I
am now about to enter. So help me God.",
and thereafter shall devote personal attention to the duties of the
office, and continue in office until a successor qualifies.
(c) The powers, duties,
compensation and method of payment of state and county officers shall be
fixed by law.
History.--Am. H.J.R.
1616, 1988; adopted 1988; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the Secretary of State May
5, 1998; adopted 1998.
SECTION
6. Enemy attack.--In periods of emergency resulting from enemy
attack the legislature shall have power to provide for prompt and
temporary succession to the powers and duties of all public offices the
incumbents of which may become unavailable to execute the functions of
their offices, and to adopt such other measures as may be necessary and
appropriate to insure the continuity of governmental operations during
the emergency. In exercising these powers, the legislature may depart
from other requirements of this constitution, but only to the extent
necessary to meet the emergency.
SECTION
7. Natural resources and scenic beauty.--
(a) It shall be the policy
of the state to conserve and protect its natural resources and scenic
beauty. Adequate provision shall be made by law for the abatement of air
and water pollution and of excessive and unnecessary noise and for the
conservation and protection of natural resources.
(b) Those in the Everglades
Agricultural Area who cause water pollution within the Everglades
Protection Area or the Everglades Agricultural Area shall be primarily
responsible for paying the costs of the abatement of that pollution. For
the purposes of this subsection, the terms "Everglades Protection Area"
and "Everglades Agricultural Area" shall have the meanings as defined in
statutes in effect on January 1, 1996.
History.--Am. by
Initiative Petition filed with the Secretary of State March 26, 1996;
adopted 1996; Am. proposed by Constitution Revision Commission, Revision
No. 5, 1998, filed with the Secretary of State May 5, 1998; adopted
1998.
SECTION
8. Ethics in government.--A public office is a public trust. The
people shall have the right to secure and sustain that trust against
abuse. To assure this right:
(a) All elected
constitutional officers and candidates for such offices and, as may be
determined by law, other public officers, candidates, and employees
shall file full and public disclosure of their financial interests.
(b) All elected public
officers and candidates for such offices shall file full and public
disclosure of their campaign finances.
(c) Any public officer or
employee who breaches the public trust for private gain and any person
or entity inducing such breach shall be liable to the state for all
financial benefits obtained by such actions. The manner of recovery and
additional damages may be provided by law.
(d) Any public officer or
employee who is convicted of a felony involving a breach of public trust
shall be subject to forfeiture of rights and privileges under a public
retirement system or pension plan in such manner as may be provided by
law.
(e) No member of the
legislature or statewide elected officer shall personally represent
another person or entity for compensation before the government body or
agency of which the individual was an officer or member for a period of
two years following vacation of office. No member of the legislature
shall personally represent another person or entity for compensation
during term of office before any state agency other than judicial
tribunals. Similar restrictions on other public officers and employees
may be established by law.
(f) There shall be an
independent commission to conduct investigations and make public reports
on all complaints concerning breach of public trust by public officers
or employees not within the jurisdiction of the judicial qualifications
commission.
(g) A code of ethics for
all state employees and nonjudicial officers prohibiting conflict
between public duty and private interests shall be prescribed by law.
(h) This section shall not
be construed to limit disclosures and prohibitions which may be
established by law to preserve the public trust and avoid conflicts
between public duties and private interests.
(i) Schedule--On the
effective date of this amendment and until changed by law:
(1) Full and public
disclosure of financial interests shall mean filing with the custodian
of state records by July 1 of each year a sworn statement showing net
worth and identifying each asset and liability in excess of $1,000 and
its value together with one of the following:
a. A copy of the person's
most recent federal income tax return; or
b. A sworn statement which
identifies each separate source and amount of income which exceeds
$1,000. The forms for such source disclosure and the rules under which
they are to be filed shall be prescribed by the independent commission
established in subsection (f), and such rules shall include disclosure
of secondary sources of income.
(2) Persons holding
statewide elective offices shall also file disclosure of their financial
interests pursuant to subsection (i)(1).
(3) The independent
commission provided for in subsection (f) shall mean the Florida
Commission on Ethics.
History.--Proposed by
Initiative Petition filed with the Secretary of State July 29, 1976;
adopted 1976; Ams. proposed by Constitution Revision Commission,
Revision Nos. 8 and 13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
SECTION
9. English is the official language of Florida.--
(a) English is the official
language of the State of Florida.
(b) The legislature shall
have the power to enforce this section by appropriate legislation.
History.--Proposed by
Initiative Petition filed with the Secretary of State August 8, 1988;
adopted 1988.
ARTICLE III
LEGISLATURE
SECTION 1. Composition.
SECTION 2. Members; officers.
SECTION 3. Sessions of the legislature.
SECTION 4. Quorum and procedure.
SECTION 5. Investigations; witnesses.
SECTION 6. Laws.
SECTION 7. Passage of bills.
SECTION 8. Executive approval and veto.
SECTION 9. Effective date of laws.
SECTION 10. Special laws.
SECTION 11. Prohibited special laws.
SECTION 12. Appropriation bills.
SECTION 13. Term of office.
SECTION 14. Civil service system.
SECTION 15. Terms and qualifications of legislators.
SECTION 16. Legislative apportionment.
SECTION 17. Impeachment.
SECTION 18. Conflict of Interest.
SECTION 19. State Budgeting, Planning and Appropriations Processes.
SECTION
1. Composition.--The legislative power of the state shall be vested
in a legislature of the State of Florida, consisting of a senate
composed of one senator elected from each senatorial district and a
house of representatives composed of one member elected from each
representative district.
SECTION
2. Members; officers.--Each house shall be the sole judge of the
qualifications, elections, and returns of its members, and shall
biennially choose its officers, including a permanent presiding officer
selected from its membership, who shall be designated in the senate as
President of the Senate, and in the house as Speaker of the House of
Representatives. The senate shall designate a Secretary to serve at its
pleasure, and the house of representatives shall designate a Clerk to
serve at its pleasure. The legislature shall appoint an auditor to serve
at its pleasure who shall audit public records and perform related
duties as prescribed by law or concurrent resolution.
SECTION
3. Sessions of the legislature.--
(a) ORGANIZATION
SESSIONS. On the fourteenth day following each general election the
legislature shall convene for the exclusive purpose of organization and
selection of officers.
(b) REGULAR SESSIONS. A
regular session of the legislature shall convene on the first Tuesday
after the first Monday in March of each odd-numbered year, and on the
first Tuesday after the first Monday in March, or such other date as may
be fixed by law, of each even-numbered year.
(c) SPECIAL SESSIONS.
(1) The governor, by
proclamation stating the purpose, may convene the legislature in special
session during which only such legislative business may be transacted as
is within the purview of the proclamation, or of a communication from
the governor, or is introduced by consent of two-thirds of the
membership of each house.
(2) A special session of
the legislature may be convened as provided by law.
(d) LENGTH OF SESSIONS. A
regular session of the legislature shall not exceed sixty consecutive
days, and a special session shall not exceed twenty consecutive days,
unless extended beyond such limit by a three-fifths vote of each house.
During such an extension no new business may be taken up in either house
without the consent of two-thirds of its membership.
(e) ADJOURNMENT. Neither
house shall adjourn for more than seventy-two consecutive hours except
pursuant to concurrent resolution.
(f) ADJOURNMENT BY
GOVERNOR. If, during any regular or special session, the two houses
cannot agree upon a time for adjournment, the governor may adjourn the
session sine die or to any date within the period authorized for such
session; provided that, at least twenty-four hours before adjourning the
session, and while neither house is in recess, each house shall be given
formal written notice of the governor's intention to do so, and
agreement reached within that period by both houses on a time for
adjournment shall prevail.
History.--Am. C.S.
for S.J.R. 380, 1989; adopted 1990; Am. S.J.R. 2606, 1994; adopted 1994;
Am. proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
4. Quorum and procedure.--
(a) A majority of the
membership of each house shall constitute a quorum, but a smaller number
may adjourn from day to day and compel the presence of absent members in
such manner and under such penalties as it may prescribe. Each house
shall determine its rules of procedure.
(b) Sessions of each house
shall be public; except sessions of the senate when considering
appointment to or removal from public office may be closed.
(c) Each house shall keep
and publish a journal of its proceedings; and upon the request of five
members present, the vote of each member voting on any question shall be
entered on the journal. In any legislative committee or subcommittee,
the vote of each member voting on the final passage of any legislation
pending before the committee, and upon the request of any two members of
the committee or subcommittee, the vote of each member on any other
question, shall be recorded.
(d) Each house may punish a
member for contempt or disorderly conduct and, by a two-thirds vote of
its membership, may expel a member.
(e) The rules of procedure
of each house shall provide that all legislative committee and
subcommittee meetings of each house, and joint conference committee
meetings, shall be open and noticed to the public. The rules of
procedure of each house shall further provide that all prearranged
gatherings, between more than two members of the legislature, or between
the governor, the president of the senate, or the speaker of the house
of representatives, the purpose of which is to agree upon formal
legislative action that will be taken at a subsequent time, or at which
formal legislative action is taken, regarding pending legislation or
amendments, shall be reasonably open to the public. All open meetings
shall be subject to order and decorum. This section shall be implemented
and defined by the rules of each house, and such rules shall control
admission to the floor of each legislative chamber and may, where
reasonably necessary for security purposes or to protect a witness
appearing before a committee, provide for the closure of committee
meetings. Each house shall be the sole judge for the interpretation,
implementation, and enforcement of this section.
History.--Am.
S.J.R.'s 1990, 2, 1990; adopted 1990.
SECTION
5. Investigations; witnesses.--Each house, when in session, may
compel attendance of witnesses and production of documents and other
evidence upon any matter under investigation before it or any of its
committees, and may punish by fine not exceeding one thousand dollars or
imprisonment not exceeding ninety days, or both, any person not a member
who has been guilty of disorderly or contemptuous conduct in its
presence or has refused to obey its lawful summons or to answer lawful
questions. Such powers, except the power to punish, may be conferred by
law upon committees when the legislature is not in session. Punishment
of contempt of an interim legislative committee shall be by judicial
proceedings as prescribed by law.
SECTION
6. Laws.--Every law shall embrace but one subject and matter
properly connected therewith, and the subject shall be briefly expressed
in the title. No law shall be revised or amended by reference to its
title only. Laws to revise or amend shall set out in full the revised or
amended act, section, subsection or paragraph of a subsection. The
enacting clause of every law shall read: "Be It Enacted by the
Legislature of the State of Florida:".
SECTION
7. Passage of bills.--Any bill may originate in either house and
after passage in one may be amended in the other. It shall be read in
each house on three separate days, unless this rule is waived by
two-thirds vote; provided the publication of its title in the journal of
a house shall satisfy the requirement for the first reading in that
house. On each reading, it shall be read by title only, unless one-third
of the members present desire it read in full. On final passage, the
vote of each member voting shall be entered on the journal. Passage of a
bill shall require a majority vote in each house. Each bill and joint
resolution passed in both houses shall be signed by the presiding
officers of the respective houses and by the secretary of the senate and
the clerk of the house of representatives during the session or as soon
as practicable after its adjournment sine die.
History.--Am. S.J.R.
1349, 1980; adopted 1980.
SECTION
8. Executive approval and veto.--
(a) Every bill passed by
the legislature shall be presented to the governor for approval and
shall become a law if the governor approves and signs it, or fails to
veto it within seven consecutive days after presentation. If during that
period or on the seventh day the legislature adjourns sine die or takes
a recess of more than thirty days, the governor shall have fifteen
consecutive days from the date of presentation to act on the bill. In
all cases except general appropriation bills, the veto shall extend to
the entire bill. The governor may veto any specific appropriation in a
general appropriation bill, but may not veto any qualification or
restriction without also vetoing the appropriation to which it relates.
(b) When a bill or any
specific appropriation of a general appropriation bill has been vetoed,
the governor shall transmit signed objections thereto to the house in
which the bill originated if in session. If that house is not in
session, the governor shall file them with the custodian of state
records, who shall lay them before that house at its next regular or
special session, whichever occurs first, and they shall be entered on
its journal. If the originating house votes to re-enact a vetoed
measure, whether in a regular or special session, and the other house
does not consider or fails to re-enact the vetoed measure, no further
consideration by either house at any subsequent session may be taken. If
a vetoed measure is presented at a special session and the originating
house does not consider it, the measure will be available for
consideration at any intervening special session and until the end of
the next regular session.
(c) If each house shall, by
a two-thirds vote, re-enact the bill or reinstate the vetoed specific
appropriation of a general appropriation bill, the vote of each member
voting shall be entered on the respective journals, and the bill shall
become law or the specific appropriation reinstated, the veto
notwithstanding.
History.--Ams.
proposed by Constitution Revision Commission, Revision Nos. 8 and 13,
1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
9. Effective date of laws.--Each law shall take effect on the
sixtieth day after adjournment sine die of the session of the
legislature in which enacted or as otherwise provided therein. If the
law is passed over the veto of the governor it shall take effect on the
sixtieth day after adjournment sine die of the session in which the veto
is overridden, on a later date fixed in the law, or on a date fixed by
resolution passed by both houses of the legislature.
SECTION
10. Special laws.--No special law shall be passed unless notice of
intention to seek enactment thereof has been published in the manner
provided by general law. Such notice shall not be necessary when the
law, except the provision for referendum, is conditioned to become
effective only upon approval by vote of the electors of the area
affected.
SECTION
11. Prohibited special laws.--
(a) There shall be no
special law or general law of local application pertaining to:
(1) election, jurisdiction
or duties of officers, except officers of municipalities, chartered
counties, special districts or local governmental agencies;
(2) assessment or
collection of taxes for state or county purposes, including extension of
time therefor, relief of tax officers from due performance of their
duties, and relief of their sureties from liability;
(3) rules of evidence in
any court;
(4) punishment for crime;
(5) petit juries, including
compensation of jurors, except establishment of jury commissions;
(6) change of civil or
criminal venue;
(7) conditions precedent to
bringing any civil or criminal proceedings, or limitations of time
therefor;
(8) refund of money legally
paid or remission of fines, penalties or forfeitures;
(9) creation, enforcement,
extension or impairment of liens based on private contracts, or fixing
of interest rates on private contracts;
(10) disposal of public
property, including any interest therein, for private purposes;
(11) vacation of roads;
(12) private incorporation
or grant of privilege to a private corporation;
(13) effectuation of
invalid deeds, wills or other instruments, or change in the law of
descent;
(14) change of name of any
person;
(15) divorce;
(16) legitimation or
adoption of persons;
(17) relief of minors from
legal disabilities;
(18) transfer of any
property interest of persons under legal disabilities or of estates of
decedents;
(19) hunting or fresh water
fishing;
(20) regulation of
occupations which are regulated by a state agency; or
1(21) any
subject when prohibited by general law passed by a three-fifths vote of
the membership of each house. Such law may be amended or repealed by
like vote.
(b) In the enactment of
general laws on other subjects, political subdivisions or other
governmental entities may be classified only on a basis reasonably
related to the subject of the law.
1Note.--See
the following for prohibited subject matters added under the authority
of this paragraph:
s. 112.67, F.S. (Pertaining
to protection of public employee retirement benefits).
s. 121.191, F.S. (Pertaining
to state-administered or supported retirement systems).
s. 145.16, F.S. (Pertaining
to compensation of designated county officials).
s. 189.404(2), F.S.
(Pertaining to independent special districts).
s. 190.049, F.S. (Pertaining
to the creation of independent special districts having the powers
enumerated in two or more of the paragraphs of s. 190.012, F.S.).
s. 215.845, F.S. (Pertaining
to the maximum rate of interest on bonds).
s. 298.76(1), F.S.
(Pertaining to the grant of authority, power, rights, or privileges to a
water control district formed pursuant to ch. 298, F.S.).
s. 373.503(2)(b), F.S.
(Pertaining to allocation of millage for water management purposes).
s. 1011.77, F.S. (Pertaining
to taxation for school purposes and the Florida Education Finance
Program).
s. 1013.37(5), F.S.
(Pertaining to the "State Uniform Building Code for Public Educational
Facilities Construction").
SECTION
12. Appropriation bills.--Laws making appropriations for salaries
of public officers and other current expenses of the state shall contain
provisions on no other subject.
SECTION
13. Term of office.--No office shall be created the term of which
shall exceed four years except as provided herein.
SECTION
14. Civil service system.--By law there shall be created a civil
service system for state 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.
SECTION
15. Terms and qualifications of legislators.--
(a) SENATORS. Senators
shall be elected for terms of four years, those from odd-numbered
districts in the years the numbers of which are multiples of four and
those from even-numbered districts in even-numbered years the numbers of
which are not multiples of four; except, at the election next following
a reapportionment, some senators shall be elected for terms of two years
when necessary to maintain staggered terms.
(b) REPRESENTATIVES. Members of the house of representatives shall be
elected for terms of two years in each even-numbered year.
(c) QUALIFICATIONS. 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.
(d) ASSUMING OFFICE;
VACANCIES. Members of the legislature shall take office upon election.
Vacancies in legislative office shall be filled only by election as
provided by law.
SECTION
16. Legislative apportionment.--
(a) SENATORIAL AND
REPRESENTATIVE DISTRICTS. 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.
Should that session adjourn without adopting such joint resolution, the
governor by proclamation shall reconvene the legislature within thirty
days in special apportionment session which shall not exceed thirty
consecutive days, during which no other business shall be transacted,
and it shall be the mandatory duty of the legislature to adopt a joint
resolution of apportionment.
(b) FAILURE OF LEGISLATURE
TO APPORTION; JUDICIAL REAPPORTIONMENT. In the event a special
apportionment session of the legislature finally adjourns without
adopting a joint resolution of apportionment, the attorney general
shall, within five days, petition the supreme court of the state to make
such apportionment. No later than the sixtieth day after the filing of
such petition, the supreme court shall file with the custodian of state
records an order making such apportionment.
(c) JUDICIAL REVIEW OF
APPORTIONMENT. Within fifteen days after the passage of the joint
resolution of apportionment, the attorney general shall petition the
supreme court of the state for a declaratory judgment determining the
validity of the apportionment. The supreme court, in accordance with its
rules, shall permit adversary interests to present their views and,
within thirty days from the filing of the petition, shall enter its
judgment.
(d) EFFECT OF JUDGMENT IN
APPORTIONMENT; EXTRAORDINARY APPORTIONMENT SESSION. A judgment of the
supreme court of the state determining the apportionment to be valid
shall be binding upon all the citizens of the state. Should the supreme
court determine that the apportionment made by the legislature is
invalid, the governor by proclamation shall reconvene the legislature
within five days thereafter in extraordinary apportionment session which
shall not exceed fifteen days, during which the legislature shall adopt
a joint resolution of apportionment conforming to the judgment of the
supreme court.
(e) EXTRAORDINARY
APPORTIONMENT SESSION; REVIEW OF APPORTIONMENT. Within fifteen days
after the adjournment of an extraordinary apportionment session, the
attorney general shall file a petition in the supreme court of the state
setting forth the apportionment resolution adopted by the legislature,
or if none has been adopted reporting that fact to the court.
Consideration of the validity of a joint resolution of apportionment
shall be had as provided for in cases of such joint resolution adopted
at a regular or special apportionment session.
(f) JUDICIAL
REAPPORTIONMENT. Should an extraordinary apportionment session fail to
adopt a resolution of apportionment or should the supreme court
determine that the apportionment made is invalid, the court shall, not
later than sixty days after receiving the petition of the attorney
general, file with the custodian of state records an order making such
apportionment.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 8, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
17. Impeachment.--
(a) The governor,
lieutenant governor, members of the cabinet, justices of the supreme
court, judges of district courts of appeal, judges of circuit courts,
and judges of county courts shall be liable to impeachment for
misdemeanor in office. The house of representatives by two-thirds vote
shall have the power to impeach an officer. The speaker of the house of
representatives shall have power at any time to appoint a committee to
investigate charges against any officer subject to impeachment.
(b) An officer impeached by
the house of representatives shall be disqualified from performing any
official duties until acquitted by the senate, and, unless impeached,
the governor may by appointment fill the office until completion of the
trial.
(c) All impeachments by the
house of representatives shall be tried by the senate. The chief justice
of the supreme court, or another justice designated by the chief
justice, shall preside at the trial, except in a trial of the chief
justice, in which case the governor shall preside. The senate shall
determine the time for the trial of any impeachment and may sit for the
trial whether the house of representatives be in session or not. The
time fixed for trial shall not be more than six months after the
impeachment. During an impeachment trial senators shall be upon their
oath or affirmation. No officer shall be convicted without the
concurrence of two-thirds of the members of the senate present. Judgment
of conviction in cases of impeachment shall remove the offender from
office and, in the discretion of the senate, may include
disqualification to hold any office of honor, trust or profit.
Conviction or acquittal shall not affect the civil or criminal
responsibility of the officer.
History.--Am. S.J.R.
459, 1987; adopted 1988; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the Secretary of State May
5, 1998; adopted 1998.
1SECTION
18. Conflict of Interest.--A code of ethics for all state employees
and nonjudicial officers prohibiting conflict between public duty and
private interests shall be prescribed by law.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
1Note.--This
section was repealed effective January 5, 1999, by Am. proposed by
Constitution Revision Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998. See s. 5(e), Art.
XI, State Constitution, for constitutional effective date. Identical
language to s. 18, Art. III, State Constitution, was enacted in s. 8(g),
Art. II, State Constitution, by Revision No. 13, 1998.
SECTION
19. State Budgeting, Planning and Appropriations Processes.--
(a) ANNUAL BUDGETING.
(1) General law shall
prescribe the adoption of annual state budgetary and planning processes
and require that detail reflecting the annualized costs of the state
budget and reflecting the nonrecurring costs of the budget requests
shall accompany state department and agency legislative budget requests,
the governor's recommended budget, and appropriation bills.
(2) Unless approved by a
three-fifths vote of the membership of each house, appropriations made
for recurring purposes from nonrecurring general revenue funds for any
fiscal year shall not exceed three percent of the total general revenue
funds estimated to be available at the time such appropriation is made.
(3) As prescribed by
general law, each state department and agency shall be required to
submit a legislative budget request that is based upon and that reflects
the long-range financial outlook adopted by the joint legislative budget
commission or that specifically explains any variance from the
long-range financial outlook contained in the request.
(4) For purposes of this
section, the terms department and agency shall include the judicial
branch.
(b) APPROPRIATION BILLS
FORMAT. Separate sections within the general appropriation bill shall
be used for each major program area of the state budget; major program
areas shall include: education enhancement "lottery" trust fund items;
education (all other funds); human services; criminal justice and
corrections; natural resources, environment, growth management, and
transportation; general government; and judicial branch. Each major
program area shall include an itemization of expenditures for: state
operations; state capital outlay; aid to local governments and nonprofit
organizations operations; aid to local governments and nonprofit
organizations capital outlay; federal funds and the associated state
matching funds; spending authorizations for operations; and spending
authorizations for capital outlay. Additionally, appropriation bills
passed by the legislature shall include an itemization of specific
appropriations that exceed one million dollars ($1,000,000.00) in 1992
dollars. For purposes of this subsection, "specific appropriation,"
"itemization," and "major program area" shall be defined by law. This
itemization threshold shall be adjusted by general law every four years
to reflect the rate of inflation or deflation as indicated in the
Consumer Price Index for All Urban Consumers, U.S. City Average, All
Items, or successor reports as reported by the United States Department
of Labor, Bureau of Labor Statistics or its successor. Substantive bills
containing appropriations shall also be subject to the itemization
requirement mandated under this provision and shall be subject to the
governor's specific appropriation veto power described in Article III,
Section 8.
(c) APPROPRIATIONS PROCESS.
(1) No later than September
15 of each year, the joint legislative budget commission shall issue a
long-range financial outlook setting out recommended fiscal strategies
for the state and its departments and agencies in order to assist the
legislature in making budget decisions. The long-range financial outlook
must include major workload and revenue estimates. In order to implement
this paragraph, the joint legislative budget commission shall use
current official consensus estimates and may request the development of
additional official estimates.
(2) The joint legislative
budget commission shall seek input from the public and from the
executive and judicial branches when developing and recommending the
long-range financial outlook.
(3) The legislature shall
prescribe by general law conditions under which limited adjustments to
the budget, as recommended by the governor or the chief justice of the
supreme court, may be approved without the concurrence of the full
legislature.
(d) SEVENTY-TWO HOUR PUBLIC
REVIEW PERIOD. All general appropriation bills shall be furnished to
each member of the legislature, each member of the cabinet, the
governor, and the chief justice of the supreme court at least
seventy-two hours before final passage by either house of the
legislature of the bill in the form that will be presented to the
governor.
(e) FINAL BUDGET REPORT. A
final budget report shall be prepared as prescribed by general law. The
final budget report shall be produced no later than the 120th day after
the beginning of the fiscal year, and copies of the report shall be
furnished to each member of the legislature, the head of each department
and agency of the state, the auditor general, and the chief justice of
the supreme court.
(f) TRUST FUNDS.
(1) No trust fund of the
State of Florida or other public body may be created or re-created by
law without a three-fifths vote of the membership of each house of the
legislature in a separate bill for that purpose only.
(2) State trust funds shall
terminate not more than four years after the effective date of the act
authorizing the initial creation of the trust fund. By law the
legislature may set a shorter time period for which any trust fund is
authorized.
(3) Trust funds required by
federal programs or mandates; trust funds established for bond
covenants, indentures, or resolutions, whose revenues are legally
pledged by the state or public body to meet debt service or other
financial requirements of any debt obligations of the state or any
public body; the state transportation trust fund; the trust fund
containing the net annual proceeds from the Florida Education Lotteries;
the Florida retirement trust fund; trust funds for institutions under
the management of the Board of Governors, where such trust funds are for
auxiliary enterprises and contracts, grants, and donations, as those
terms are defined by general law; trust funds that serve as clearing
funds or accounts for the chief financial officer or state agencies;
trust funds that account for assets held by the state in a trustee
capacity as an agent or fiduciary for individuals, private
organizations, or other governmental units; and other trust funds
authorized by this Constitution, are not subject to the requirements set
forth in paragraph (2) of this subsection.
(4) All cash balances and
income of any trust funds abolished under this subsection shall be
deposited into the general revenue fund.
(g) BUDGET STABILIZATION
FUND. Subject to the provisions of this subsection, an amount equal to
at least 5% of the last completed fiscal year's net revenue collections
for the general revenue fund shall be retained in the budget
stabilization fund. The budget stabilization fund's principal balance
shall not exceed an amount equal to 10% of the last completed fiscal
year's net revenue collections for the general revenue fund. The
legislature shall provide criteria for withdrawing funds from the budget
stabilization fund in a separate bill for that purpose only and only for
the purpose of covering revenue shortfalls of the general revenue fund
or for the purpose of providing funding for an emergency, as defined by
general law. General law shall provide for the restoration of this fund.
The budget stabilization fund shall be comprised of funds not otherwise
obligated or committed for any purpose.
(h) LONG-RANGE STATE
PLANNING DOCUMENT AND DEPARTMENT AND AGENCY PLANNING DOCUMENT
PROCESSES. General law shall provide for a long-range state planning
document. The governor shall recommend to the legislature biennially any
revisions to the long-range state planning document, as defined by law.
General law shall require a biennial review and revision of the
long-range state planning document and shall require all departments and
agencies of state government to develop planning documents that identify
statewide strategic goals and objectives, consistent with the long-range
state planning document. The long-range state planning document and
department and agency planning documents shall remain subject to review
and revision by the legislature. The long-range state planning document
must include projections of future needs and resources of the state
which are consistent with the long-range financial outlook. The
department and agency planning documents shall include a prioritized
listing of planned expenditures for review and possible reduction in the
event of revenue shortfalls, as defined by general law.
(i) GOVERNMENT EFFICIENCY
TASK FORCE. No later than January of 2007, and each fourth year
thereafter, the president of the senate, the speaker of the house of
representatives, and the governor shall appoint a government efficiency
task force, the membership of which shall be established by general law.
The task force shall be composed of members of the legislature and
representatives from the private and public sectors who shall develop
recommendations for improving governmental operations and reducing
costs. Staff to assist the task force in performing its duties shall be
assigned by general law, and the task force may obtain assistance from
the private sector. The task force shall complete its work within one
year and shall submit its recommendations to the joint legislative
budget commission, the governor, and the chief justice of the supreme
court.
(j) JOINT LEGISLATIVE
BUDGET COMMISSION. There is created within the legislature the joint
legislative budget commission composed of equal numbers of senate
members appointed by the president of the senate and house members
appointed by the speaker of the house of representatives. Each member
shall serve at the pleasure of the officer who appointed the member. A
vacancy on the commission shall be filled in the same manner as the
original appointment. From November of each odd-numbered year through
October of each even-numbered year, the chairperson of the joint
legislative budget commission shall be appointed by the president of the
senate and the vice chairperson of the commission shall be appointed by
the speaker of the house of representatives. From November of each
even-numbered year through October of each odd-numbered year, the
chairperson of the joint legislative budget commission shall be
appointed by the speaker of the house of representatives and the vice
chairperson of the commission shall be appointed by the president of the
senate. The joint legislative budget commission shall be governed by the
joint rules of the senate and the house of representatives, which shall
remain in effect until repealed or amended by concurrent resolution. The
commission shall convene at least quarterly and shall convene at the
call of the president of the senate and the speaker of the house of
representatives. A majority of the commission members of each house plus
one additional member from either house constitutes a quorum. Action by
the commission requires a majority vote of the commission members
present of each house. The commission may conduct its meetings through
teleconferences or similar means. In addition to the powers and duties
specified in this subsection, the joint legislative budget commission
shall exercise all other powers and perform any other duties not in
conflict with paragraph (c)(3) and as prescribed by general law or joint
rule.
History.--Proposed by
Taxation and Budget Reform Commission, Revision No. 1, 1992, filed with
the Secretary of State May 7, 1992; adopted 1992; Ams. proposed by
Constitution Revision Commission, Revision Nos. 8 and 13, 1998, filed
with the Secretary of State May 5, 1998; adopted 1998; Am. C.S. for
S.J.R. 2144, 2005; adopted 2006.
ARTICLE IV
EXECUTIVE
SECTION 1. Governor.
SECTION 2. Lieutenant governor.
SECTION 3. Succession to office of governor; acting governor.
SECTION 4. Cabinet.
SECTION 5. Election of governor, lieutenant governor and cabinet
members; qualifications; terms.
SECTION 6. Executive departments.
SECTION 7. Suspensions; filling office during suspensions.
SECTION 8. Clemency.
SECTION 9. Fish and wildlife conservation commission.
SECTION 10. Attorney General.
SECTION 11. Department of Veterans Affairs.
SECTION 12. Department of Elderly Affairs.
SECTION 13. Revenue Shortfalls.
SECTION
1. Governor.--
(a) The supreme executive
power shall be vested in a governor, who shall be commander-in-chief of
all military forces of the state not in active service of the United
States. The governor shall take care that the laws be faithfully
executed, commission all officers of the state and counties, and
transact all necessary business with the officers of government. The
governor may require information in writing from all executive or
administrative state, county or municipal officers upon any subject
relating to the duties of their respective offices. The governor shall
be the chief administrative officer of the state responsible for the
planning and budgeting for the state.
(b) The governor may
initiate judicial proceedings in the name of the state against any
executive or administrative state, county or municipal officer to
enforce compliance with any duty or restrain any unauthorized act.
(c) The governor may
request in writing the opinion of the justices of the supreme court as
to the interpretation of any portion of this constitution upon any
question affecting the governor's executive powers and duties. The
justices shall, subject to their rules of procedure, permit interested
persons to be heard on the questions presented and shall render their
written opinion not earlier than ten days from the filing and docketing
of the request, unless in their judgment the delay would cause public
injury.
(d) The governor shall have
power to call out the militia to preserve the public peace, execute the
laws of the state, suppress insurrection, or repel invasion.
(e) The governor shall by
message at least once in each regular session inform the legislature
concerning the condition of the state, propose such reorganization of
the executive department as will promote efficiency and economy, and
recommend measures in the public interest.
(f) When not otherwise
provided for in this constitution, the governor shall fill by
appointment any vacancy in state or county office for the remainder of
the term of an appointive office, and for the remainder of the term of
an elective office if less than twenty-eight months, otherwise until the
first Tuesday after the first Monday following the next general
election.
History.--Am.
proposed by Taxation and Budget Reform Commission, Revision No. 1, 1992,
filed with the Secretary of State May 7, 1992; adopted 1992; Am.
proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
2. Lieutenant governor.--There shall be a lieutenant governor, who
shall perform such duties pertaining to the office of governor as shall
be assigned by the governor, except when otherwise provided by law, and
such other duties as may be prescribed by law.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
3. Succession to office of governor; acting governor.--
(a) Upon vacancy in the
office of governor, the lieutenant governor shall become governor.
Further succession to the office of governor shall be prescribed by law.
A successor shall serve for the remainder of the term.
(b) Upon impeachment of the
governor and until completion of trial thereof, or during the governor's
physical or mental incapacity, the lieutenant governor shall act as
governor. Further succession as acting governor shall be prescribed by
law. Incapacity to serve as governor may be determined by the supreme
court upon due notice after docketing of a written suggestion thereof by
three cabinet members, and in such case restoration of capacity shall be
similarly determined after docketing of written suggestion thereof by
the governor, the legislature or three cabinet members. Incapacity to
serve as governor may also be established by certificate filed with the
custodian of state records by the governor declaring incapacity for
physical reasons to serve as governor, and in such case restoration of
capacity shall be similarly established.
History.--Ams.
proposed by Constitution Revision Commission, Revision Nos. 8 and 13,
1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
4. Cabinet.--
(a) There shall be a
cabinet composed of an attorney general, a chief financial officer, and
a commissioner of agriculture. In addition to the powers and duties
specified herein, they shall exercise such powers and perform such
duties as may be prescribed by law. In the event of a tie vote of the
governor and cabinet, the side on which the governor voted shall be
deemed to prevail.
(b) The attorney general
shall be the chief state legal officer. There is created in the office
of the attorney general the position of statewide prosecutor. The
statewide prosecutor shall have concurrent jurisdiction with the state
attorneys to prosecute violations of criminal laws occurring or having
occurred, in two or more judicial circuits as part of a related
transaction, or when any such offense is affecting or has affected two
or more judicial circuits as provided by general law. The statewide
prosecutor shall be appointed by the attorney general from not less than
three persons nominated by the judicial nominating commission for the
supreme court, or as otherwise provided by general law.
(c) The chief financial
officer shall serve as the chief fiscal officer of the state, and shall
settle and approve accounts against the state, and shall keep all state
funds and securities.
(d) The commissioner of
agriculture shall have supervision of matters pertaining to agriculture
except as otherwise provided by law.
(e) The governor as chair,
the chief financial officer, and the attorney general shall constitute
the state board of administration, which shall succeed to all the power,
control, and authority of the state board of administration established
pursuant to Article IX, Section 16 of the Constitution of 1885, and
which shall continue as a body at least for the life of Article XII,
Section 9(c).
(f) The governor as chair,
the chief financial officer, the attorney general, and the commissioner
of agriculture shall constitute the trustees of the internal improvement
trust fund and the land acquisition trust fund as provided by law.
(g) The governor as chair,
the chief financial officer, the attorney general, and the commissioner
of agriculture shall constitute the agency head of the Department of Law
Enforcement.
History.--Am. H.J.R.
435, 1983; adopted 1984; Am. H.J.R. 386, 1985; adopted 1986; Ams.
proposed by Constitution Revision Commission, Revision Nos. 8 and 13,
1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
5. Election of governor, lieutenant governor and cabinet members;
qualifications; terms.--
(a) At a state-wide general
election in each calendar year the number of which is even but not a
multiple of four, the electors shall choose a governor and a lieutenant
governor and members of the cabinet each for a term of four years
beginning on the first Tuesday after the first Monday in January of the
succeeding year. In primary elections, candidates for the office of
governor may choose to run without a lieutenant governor candidate. In
the general election, all candidates for the offices of governor and
lieutenant governor shall form joint candidacies in a manner prescribed
by law so that each voter shall cast a single vote for a candidate for
governor and a candidate for lieutenant governor running together.
(b) When elected, the
governor, lieutenant governor and each cabinet member must be an elector
not less than thirty years of age who has resided in the state for the
preceding seven years. The attorney general must have been a member of
the bar of Florida for the preceding five years. No person who has, or
but for resignation would have, served as governor or acting governor
for more than six years in two consecutive terms shall be elected
governor for the succeeding term.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 11, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
6. Executive departments.--All functions of the executive branch of
state government shall be allotted among not more than twenty-five
departments, exclusive of those specifically provided for or authorized
in this constitution. The administration of each department, unless
otherwise provided in this constitution, shall be placed by law under
the direct supervision of the governor, the lieutenant governor, the
governor and cabinet, a cabinet member, or an officer or board appointed
by and serving at the pleasure of the governor, except:
(a) When provided by law,
confirmation by the senate or the approval of three members of the
cabinet shall be required for appointment to or removal from any
designated statutory office.
(b) Boards authorized to
grant and revoke licenses to engage in regulated occupations shall be
assigned to appropriate departments and their members appointed for
fixed terms, subject to removal only for cause.
SECTION
7. Suspensions; filling office during suspensions.--
(a) By executive order
stating the grounds and filed with the custodian of state records, the
governor may suspend from office any state officer not subject to
impeachment, any officer of the militia not in the active service of the
United States, or any county officer, for malfeasance, misfeasance,
neglect of duty, drunkenness, incompetence, permanent inability to
perform official duties, or commission of a felony, and may fill the
office by appointment for the period of suspension. The suspended
officer may at any time before removal be reinstated by the governor.
(b) The senate may, in
proceedings prescribed by law, remove from office or reinstate the
suspended official and for such purpose the senate may be convened in
special session by its president or by a majority of its membership.
(c) By order of the
governor any elected municipal officer indicted for crime may be
suspended from office until acquitted and the office filled by
appointment for the period of suspension, not to extend beyond the term,
unless these powers are vested elsewhere by law or the municipal
charter.
History.--Ams.
proposed by Constitution Revision Commission, Revision Nos. 8 and 13,
1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
8. Clemency.--
(a) Except in cases of
treason and in cases where impeachment results in conviction, the
governor may, by executive order filed with the custodian of state
records, suspend collection of fines and forfeitures, grant reprieves
not exceeding sixty days and, with the approval of two members of the
cabinet, grant full or conditional pardons, restore civil rights,
commute punishment, and remit fines and forfeitures for offenses.
(b) In cases of treason the
governor may grant reprieves until adjournment of the regular session of
the legislature convening next after the conviction, at which session
the legislature may grant a pardon or further reprieve; otherwise the
sentence shall be executed.
(c) There may be created by
law a parole and probation commission with power to supervise persons on
probation and to grant paroles or conditional releases to persons under
sentences for crime. The qualifications, method of selection and terms,
not to exceed six years, of members of the commission shall be
prescribed by law.
History.--Am.
proposed by Constitution Revision Commission, Revision No. 8, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION
9. Fish and wildlife conservation commission.--There shall be a
fish and wildlife conservation commission, composed of seven members
appointed by the governor, subject to confirmation by the senate for
staggered terms of five years. The commission shall exercise the
regulatory and executive powers of the state with respect to wild animal
life and fresh water aquatic life, and shall also exercise regulatory
and executive powers of the state with respect to marine life, except
that all license fees for taking wild animal life, fresh water aquatic
life, and marine life and penalties for violating regulations of the
commission shall be prescribed by general law. The commission shall
establish procedures to ensure adequate due process in the exercise of
its regulatory and executive functions. The legislature may enact laws
in aid of the commission, not inconsistent with this section, except
that there shall be no special law or general law of local application
pertaining to hunting or fishing. The commission's exercise of executive
powers in the area of planning, budgeting, personnel management, and
purchasing shall be as provided by law. Revenue derived from license
fees for the taking of wild animal life and fresh water aquatic life
shall be appropriated to the commission by the legislature for the
purposes of management, protection, and conservation of wild animal life
and fresh water aquatic life. Revenue derived from license fees relating
to marine life shall be appropriated by the legislature for the purposes
of management, protection, and conservation of marine life as provided
by law. The commission shall not be a unit of any other state agency and
shall have its own staff, which includes management, research, and
enforcement. Unless provided by general law, the commission sh | 
