florida constitutional amendments 2022
The amendment to Section 4 of Article VII providing for the assessment of working waterfront property based on current use, and this section, shall take effect upon approval by the electors and shall first apply to assessments for tax years beginning January 1, 2010. A person serving as a secretary, an executive director, or other agency head of a department of the executive branch of state government shall not lobby the legislature, the governor, the executive office of the governor, members of the cabinet, a department that is headed by a member of the cabinet, or his or her former department. The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the case. WebThe Florida Right to Hunt and Fish Amendment may appear on the ballot in Florida as a legislatively referred constitutional amendment on November 5, 2024 . 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. 7 of the Constitution Revision Commission, 1998, was redesignated section 25 by the editors in order to avoid confusion with section 22 as created in H.J.R. There is hereby established the Everglades Trust Fund, which shall not be subject to termination pursuant to Article III, Section 19(f). by Initiative Petition filed with the Secretary of State July 23, 1992; adopted 1992; Am. Amendment of a section or revision of one or more articles, or the whole, of this constitution may be proposed by joint resolution agreed to by three-fifths of the membership of each house of the legislature. 93, 2012; adopted 2012; Am. State of Florida, et al. However, nothing contained herein is intended to create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law. Am. In fact, the Constitutional Carry bill, HB 189, has a committee hearing next Tuesday, May 2nd. Malafides, scienter or moral turpitude on the part of a justice or judge shall not be required for removal from office of a justice or judge whose conduct demonstrates a present unfitness to hold office. On the twenty-first day following that election, the convention shall sit at the capital, elect officers, adopt rules of procedure, judge the election of its membership, and fix a time and place for its future meetings. All impeachments by the house of representatives shall be tried by the senate. If 2022 has taught us anything, it is that policies matter. The State Board shall also have power to pledge for the payment of the principal of and interest on such bonds or certificates, and reserves therefor, including refunding bonds or certificates, all or any part of the revenue to be derived from the said Gross Receipts Taxes provided for in this Amendment, and to enter into any covenants and other agreements with the holders of such bonds or certificates concerning the security thereof and the rights of the holders thereof, all of which covenants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent jurisdiction. The journals or printed bills of the respective chambers should be consulted for official purposes. This section, originally designated section 19 by Amendment No. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related postjudgment proceedings. For purposes of this subsection, state revenues means taxes, fees, licenses, and charges for services imposed by the legislature on individuals, businesses, or agencies outside state government. On the effective date of this article, there shall be an additional number of positions of circuit judges equal to the number of existing circuit judges and the number of judges of the above named courts whose term expires in 1973. The power to call a convention to consider a revision of the entire constitution is reserved to the people. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. Actions to enforce this amendment shall be subject to a statute of limitations of four years or, in the case of willful violations, five years. They're all constitutional amendments that were placed on the ballot by the Florida Legislature during the 2021 and 2022 legislative sessions. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing. ANNEXATION. No such bonds or motor vehicle license revenue anticipation certificates shall ever be issued by the state board, except to refund outstanding bonds or motor vehicle license revenue anticipation certificates, until after the adoption of a resolution requesting the issuance thereof by the school board of the school district or board of trustees of the community college district on behalf of which the obligations are to be issued. The CRC refers constitutional changes directly for a public vote and bypassing the typical amendment process, which requires either a 60% vote in the House and Senate or a citizens petition with 8% or more signatures of the total votes in the previous presidential election. A Comprehensive Guide to Florida's 2022 Constitutional Amendments. Proposed by Constitution Revision Commission, Revision No. proposed by Constitution Revision Commission, Revision No. 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. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time. Thereafter, such property shall be assessed as provided in this subsection. Laws requiring counties or municipalities to spend funds or limiting their ability to raise revenue or receive state tax revenue. (2)The method and manner by which the electors of Hillsborough county shall exercise this power shall be set forth in a charter for the government of Hillsborough county which charter shall be presented to said electors by any charter commission established by the legislature. Bill added to Special Order Calendar (2/22/2022) 1st Reading (Committee Substitute 2) 2/22/2022. proposed by Constitution Revision Commission, Revision No. WebBallotpedia: The Encyclopedia of American Civics. Section 34, Art. The capital outlay fund shall be administered by the state board of education as created and constituted by Section 2 of Article IX of the Constitution of Florida as revised in 1968 (hereinafter referred to as state board), or by such other instrumentality of the state which shall hereafter succeed by law to the powers, duties and functions of the state board, including the powers, duties and functions of the state board provided in this subsection (a)(2). H.J.R. S.J.R. proposed by Constitution Revision Commission, Revision No. 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. (b)Should the electors of the municipalities of Plant City or Temple Terrace wish to consolidate their governments with the government hereinabove created, they may do so by majority vote of the electors of said municipality voting in an election upon said issue. Proposed by Initiative Petition filed with the Secretary of State July 16, 2001; adopted 2002; Am. 2-D, 2007; adopted 2008; Ams. 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 terms of office of the present members of the judicial qualifications commission shall expire upon the effective date of the amendments to this section approved by the legislature during the regular session of the legislature in 1996 and new members shall be appointed to serve the following staggered terms: Group I.The terms of five members, composed of two electors as set forth in s. 12(a)(1)c. of Article V, one member of the bar of Florida as set forth in s. 12(a)(1)b. of Article V, one judge from the district courts of appeal and one circuit judge as set forth in s. 12(a)(1)a. of Article V, shall expire on December 31, 1998. 2394, 2004; adopted 2004; Am. Published April 28, 2023 at 3:59 PM EDT. Prohibition on racing of and wagering on greyhounds or other dogs. (b)The state board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provided for in subsection (a). Such an exemption may be granted only by ordinance of the county or municipality, and only after the electors of the county or municipality voting on such question in a referendum authorize the county or municipality to adopt such ordinances. The appointed members shall be confirmed by the senate and serve staggered terms of five years as provided by law. 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. 380, 1989; adopted 1990; Am. No election or approval of qualified electors or freeholder electors shall be required for the issuance of bonds or certificates hereunder. DUTIES OF THE DEPARTMENT. The qualifications and the number of jurors, not fewer than six, shall be fixed by law. . Unless otherwise provided by general law, no person is eligible for the office of county court judge unless the person is, and has been for the preceding five years, a member of the bar of Florida. BUDGET STABILIZATION FUND. (4)A charter prepared by any commission established pursuant to this section shall provide that: (a)The governments of the city of Tampa and the county of Hillsborough shall be consolidated, and the structure of the new local government shall include: 1. Proposed by Initiative Petition filed with the Secretary of State April 1, 2003; adopted 2004. Judges of municipal courts shall remain in office and be subject to reappointment or reelection in the manner prescribed by law until said courts are terminated pursuant to the provisions of this subsection. Laws making appropriations for salaries of public officers and other current expenses of the state shall contain provisions on no other subject. proposed by Initiative Petition filed with the Secretary of State February 18, 2004; adopted 2004; Am. SECTION 18. On November 8, 2022, Floridians will vote on three legislatively referred proposed At the next general election held more than ninety days after the filing of such petition there shall be submitted to the electors of the state the question: Shall a constitutional convention be held? If a majority voting on the question votes in the affirmative, at the next succeeding general election there shall be elected from each representative district a member of a constitutional convention. No person who has been found to have committed three or more incidents of medical malpractice shall be licensed or continue to be licensed by the State of Florida to provide health care services as a medical doctor. The militia shall be composed of all ablebodied inhabitants of the state who are or have declared their intention to become citizens of the United States; and no person because of religious creed or opinion shall be exempted from military duty except upon conditions provided by law. s. 215.845, F.S. 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. A proposed amendment or revision of this constitution, or any part of it, by initiative shall be submitted to the electors at the general election provided the initiative petition is filed with the custodian of state records no later than February 1 of the year in which the general election is held. Every person holding office when this article becomes effective shall continue in office for the remainder of the term if that office is not abolished. A member of a judicial nominating commission may hold public office other than judicial office. The right, within the judicial process, to be reasonably protected from the accused and any person acting on behalf of the accused. This section does not authorize the imposition of any state tax or fee otherwise prohibited by this Constitution, and does not apply to any tax or fee imposed by, or authorized to be imposed by, a county, municipality, school board, or special district. 1 weather alerts 1 closings/delays. Designated smoking guest rooms at public lodging establishments means the sleeping rooms and directly associated private areas, such as bathrooms, living rooms, and kitchen areas, if any, rented to guests for their exclusive transient occupancy in public lodging establishments including hotels, motels, resort condominiums, transient apartments, transient lodging establishments, rooming houses, boarding houses, resort dwellings, bed and breakfast inns, and the like; and designated by the person or persons having management authority over such public lodging establishment as rooms in which smoking may be permitted. JOINT LEGISLATIVE BUDGET COMMISSION. It will insert confusion and chaos and undo a The powers and duties of the boards of trustees shall be provided by law. 452, 1984; adopted 1984; Am. 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. Caregivers are prohibited from consuming marijuana obtained for medical use by the qualifying patient. H.J.R. Am. 1, 2018, filed with the Secretary of State May 9, 2018; adopted 2018. The amendment to Article X, which prohibits the racing of or wagering on greyhound and other dogs, and the creation of this section, shall take effect upon the approval of the electors. 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. State bonds pledging the full faith and credit of the state may be issued, without a vote of the electors, by the state board pursuant to law to finance or refinance capital projects theretofore authorized by the legislature, and any purposes appurtenant or incidental thereto, for the state system of public education provided for in Section 1 of Article IX of this Constitution (hereinafter referred to as state system), including but not limited to institutions of higher learning, community colleges, vocational technical schools, or public schools, as now defined or as may hereafter be defined by law. There shall be granted an ad valorem tax exemption for real property dedicated in perpetuity for conservation purposes, including real property encumbered by perpetual conservation easements or by other perpetual conservation protections, as defined by general law. 2: Constitutional amendment 2 is about abolishing the Constitution Revision Commission. 37, 1984; adopted 1984 (effective July 1, 1985); Am. 7, 2018, filed with the Secretary of State May 9, 2018; adopted 2018. 2835, 1972; adopted 1972; Am. for S.J.R.s 49, 81, 1976; adopted 1976; Am. Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production, or sale of marijuana. 2, 2018, filed with the Secretary of State May 9, 2018; adopted 2018. Implementing legislation is not required in order to enforce this amendment. All bonds issued under this amendment shall be sold at public sale after public advertisement upon such terms and conditions as the outdoor recreational development council shall provide and as otherwise provided by law and subject to the limitations herein imposed. WebConstitutional Amendments/Initiatives. S.J.R. Such bonds shall be secured by a pledge of and shall be payable primarily from all or any part of revenues to be derived from operation of such facilities, special assessments, rentals to be received under lease-purchase agreements herein provided for, any other revenues that may be legally available for such purpose, including revenues from other facilities, or any combination thereof (herein collectively referred to as pledged revenues), and shall be additionally secured by the full faith and credit of the State of Florida. Said government shall have the right to sue and be sued. Florida Amendment 4: Amendment ratification changes. 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. The county seat may not be moved except as provided by general law. H.J.R. Ams. 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 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. 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. . Watch Instantly. Proposed by Taxation and Budget Reform Commission Revision No. S.J.R. In providing such access, the identity of patients involved in the incidents shall not be disclosed, and any privacy restrictions imposed by federal law shall be maintained. Any method of execution shall be allowed, unless prohibited by the United States Constitution. Seines and other rectangular nets shall be calculated using the maximum length and maximum width of the netting. 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. This section does not preclude the adoption of ordinances that impose more restrictive regulation on the use of vapor-generating electronic devices than is provided in this section. 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. May review any decision of a district court of appeal that passes upon a question certified by it to be of great public importance, or that is certified by it to be in direct conflict with a decision of another district court of appeal. Disclaimer: The information on this system is unverified. H.J.R. The amount of the first revenues derived from the licensing of motor vehicles to be so set aside in each year and distributed as provided herein shall be an amount equal in the aggregate to the product of four hundred dollars multiplied by the total number of instruction units in all the counties of Florida. 387, 1980; adopted 1980; Am. for S.J.R. 858, 1941; adopted 1942; Am. JUDICIAL REAPPORTIONMENT. H.J.R. Municipalities may be established or abolished and their charters amended pursuant to general or special law. Proposed by Initiative Petition filed with the Secretary of State March 11, 1994; adopted 1996. All other details of such bonds shall be as provided by law or by the proceedings authorizing such bonds; provided, however, that no bonds, except refunding bonds, shall be issued, and no proceeds shall be expended for the cost of any capital project, unless such project has been authorized by the legislature. S.J.R. 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. B. Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another. Group II.The terms of five members, composed of one elector as set forth in s. 12(a)(1)c. of Article V, two members of the bar of Florida as set forth in s. 12(a)(1)b. of Article V, one circuit judge and one county judge as set forth in s. 12(a)(1)a. of Article V shall expire on December 31, 2000. ScheduleOn the effective date of this amendment and until changed by law: 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 copy of the persons most recent federal income tax return; or. By general law and subject to conditions specified therein: Twenty-five thousand dollars of the assessed value of property subject to tangible personal property tax shall be exempt from ad valorem taxation. . Each county ordinance shall be filed with the custodian of state records and shall become effective at such time thereafter as is provided by general law. Neither house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution. The attorney general must have been a member of the bar of Florida for the preceding five years. Bonded and other indebtedness, existing at the time of the establishment of such municipality, shall be enforceable only against property theretofore taxable therefor. Proposed by Constitution Revision Commission, Revision No. State revenues collected for any fiscal year in excess of this limitation shall be transferred to the budget stabilization fund until the fund reaches the maximum balance specified in Section 19(g) of Article III, and thereafter shall be refunded to taxpayers as provided by general law. SECTION 10. This section does not preclude the legislature from enacting any law constituting or allowing a more restrictive regulation of tobacco smoking or the use of vapor-generating electronic devices than is provided in this section. Ky. The independent commission provided for in subsection (g) shall mean the Florida Commission on Ethics. This section shall take effect on the July 1 next occurring after approval hereof by vote of the electors. The board shall remit the proceeds of the second gas tax in each county account for use in said county as follows: eighty per cent to the state agency supervising the state road system and twenty per cent to the governing body of the county. The phrase adverse medical incident means medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient, including, but not limited to, those incidents that are required by state or federal law to be reported to any governmental agency or body, and incidents that are reported to or reviewed by any health care facility peer review, risk management, quality assurance, credentials, or similar committee, or any representative of any such committees. 324, 1941; adopted 1942. 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 election of county court judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. All justices of the supreme court, judges of the district courts of appeal and circuit judges in office upon the effective date of this article shall retain their offices for the remainder of their respective terms. Upon adoption of this home rule charter by the electors this method shall be exclusive and the Legislature shall have no power to amend or repeal the charter of any municipal corporation in Dade County. An adjustment to the revenue limitation shall be made by general law to reflect the fiscal impact of transfers of responsibility for the funding of governmental functions between the state and other levels of government. Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings filed on or after January 2, 2007, may not be conveyed to a natural person or private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature. For purposes of this subsection, the term sale means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. for S.J.R. The state board shall be a body corporate and shall have all the powers provided herein in addition to all other constitutional and statutory powers related to the purposes of this subsection (a)(2) heretofore or hereafter conferred by law upon the state board, or its predecessor created by the Constitution of 1885, as amended. 5 of the Constitution Revision Commission, 1998, was redesignated section 23 by the editors in order to avoid confusion with section 22 as created in H.J.R. Menu. The term patient means an individual who has sought, is seeking, is undergoing, or has undergone care or treatment in a health care facility or by a health care provider. 290, 1988; adopted 1988. S.J.R. By law or by resolution of the governing bodies of each of the governments affected, any function or power of a county, municipality or special district may be transferred to or contracted to be performed by another county, municipality or special district, after approval by vote of the electors of the transferor and approval by vote of the electors of the transferee, or as otherwise provided by law. A public officer or public employee shall not abuse his or her public position in order to obtain a disproportionate benefit for himself or herself; his or her spouse, children, or employer; or for any business with which he or she contracts; in which he or she is an officer, a partner, a director, or a proprietor; or in which he or she owns an interest. The board shall operate, regulate, control, and be fully responsible for the management of the whole university system. proposed by Constitution Revision Commission, Revision No. However, if the difference between the just value of the new homestead and the assessed value of the new homestead calculated pursuant to this sub-subparagraph is greater than $500,000, the assessed value of the new homestead shall be increased so that the difference between the just value and the assessed value equals $500,000. For all levies other than school district levies, assessments of real property that is not subject to the assessment limitations set forth in subsections (a) through (d) and (g) shall change only as provided in this subsection. CLERK AND MARSHAL.The supreme court shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court directs. 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. 73-303, Laws of Florida. 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. As used in this subsection and as further defined by general law, the term first responder means a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, or a paramedic, and the term in the line of duty means arising out of and in the actual performance of duty required by employment as a first responder.
