Title: Constitutional Amendments
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Title: Constitutional Amendments
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Constitutional Amendments
General Note: Box 10, Folder 1 ( SF Taxation, ad valorem tax referendum-SWFWMD-1975 - 1975 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00001960
Volume ID: VID00001
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Ch. 75-244 1975 REGULAR SESSION

Section 4. District responsibility
Each school district shall develop a plan to be included in the district's com-
prehensive plan, which insures that individual student services are coordinated
in a manner utilizing such techniques as differentiated staffing, as to make
maximum use of the contribution of each service.
Section 5. Department and state Board of Education, responsibility
The Department of Education shall review district student services pro-
grams and make recommendations. The state Board of Education is. author-
ized to adopt regulations to carry out the intent of this legislation. Regula-
tions shall include, but need not be limited to:
(1) A description of the present student services program at all educational
levels for which the school board is responsible, including ratio of students to
personnel.
(2) Identification of alternative student services personnel who do not meet
traditional graduate school requirements and who may be used by the school
board in providing the recommended guidance services, including, but not lim-
ited to, paraprofessionals, teachers, parents and representatives of business and
industry.
Section 6. This act shall take effect July 1, 1975.
Approved by the Governor June 29, 1975.
Filed in Office Secretary of State June 30, 1975.






CONSTITUTIONAL AMENDMENT-ELECTION

CHAPTER 75-245

SENATE BILL NO. 223

An Act relating to a special election to be held on the second Tuesday in March,
1976, pursuant to Section 5 of Article XI of the State Constitution for the
approval or rejection by the electors of Florida of a joint resolution
amending Section 9, Article VII of the State Constitution relating to local
ad valorem taxes; providing for publication of notice and for procedures;
providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1.
Pursuant to Section 5 of Article XI of the State Constitution, there shall be
a special election on the second Tuesday in March'1976 to be held concurrent
with the Presidential Preference Primary Election, at which there shall be
submitted to the electors of Florida for approval or rejection Senate Joint
Resolution No. 1061 proposing the amending of Section 9 of Article VII of the
State Constitution, to establish a limit on local taxes to be used for water
management purposes.
Section 2.
Publication of notice shall be in accordance with Section 5 of Article XI of
the State Constitution. The special election shall be held as other special
elections are held.
648











1975 REGULAR SESSION Ch. 75-246

Section 3.
This act shall take effect upon becoming a law, if passed by a three-fourths
(3/4) vote of the membership of each house.
Approved by the Governor June 29, 1975.
Filed in Office Secretary of State June 30, 1975.





ELECTIONS-PRIMARIES

CHAPTER 75-246

COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 173

An Act relating to elections; amending s. 100.091(1), Florida Statutes, chang-
ing the date of the second primary election to the fourth Tuesday after the
first primary election; amending s. 103.101(3)(a), (6), and (II), Florida
Statutes; deleting designees of members of a Presidential Candidate
Selection. Committee as substitute members of the committee; providing
that the time for filing a list of delegates may be provided by party rule;
increasing the percentage of delegates who shall be elected from con-
gressional districts and increasing the percentage of delegates who may be
elected by the state executive committee; providing an alternative method
for allocation of delegates; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (1) of section 100.091, Florida Statutes, is amended to
read:
100.091 Second primary election
(1) A second primary election shall be held on the fourth Tuesday after the
first primary election in each year in which a general election is held for the
nomination of candidates of political parties where nominations are not made
in the first primary election.
Section 2. Paragraph (a) of subsection (3) and subsections (6) and (11) of
section 103.101, Florida Statutes, are amended to read:
103.101 Presidential preference primary
(3)(a) The name of any candidate for a political party nomination for Presi-
-dent of the United States shall be printed on the ballots upon the direction of
a Presidential Candidate Selection Committee composed of a nonvoting chair-
man who shall be the Secretary of State, the Speaker of the House of Repre-
sentatives, the President of the Senate, the minority leaders of both the House
and Senate, and the chairmen of political parties required to have a presiden-
tial preference primary under this section. The Secretary of State, during the
second week in January each year a presidential preference primary is held,
shall prepare and publish a list of names of presidential candidates who are
generally advocated or recognized in news media throughout the United States
or in the state. The Secretary of State shall submit such list of names of
presidential candidates to the selection committee during the second week in
January each year a presidential preference primary election is held. Each
person designated by the Secretary of State as a presidential candidate shall
appear on the presidential preference primary ballot unless all committee
members of the same political party a.s the candidate agree to delete such
candidate's name from the ballot. The selection committee shall meet in
Tallahassee during the third week in January each year a presidential prefer-
ence primary is held, on a date publicly announced by the chairman. The so-
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Proposed Constitutional Amendments

1975 Session



CONSTITUTIONAL AMENDMENT-CAPITOL
AND MANSION COMMISSION

SENATE JOINT RESOLUTION NO. 999

A Joint Resolution proposing an amendment to Article IV of the State Con-
stitution, adding section 10, authorizing the creation of a capitol and
mansion commission.

Be It Resolved by the Legislature of the State of Florida:
That the following amendment to Article IV of the State Constitution is
hereby agreed to and shall bc submitted to the electors of this state for ap-
proval or rejection at the general election to be held in November 1976:

ARTICLE IV
EXECUTIVE
Section 10. 'Capitol and Mansion Commission
There may be created by law a capitol and mansion commission with
authority to establish and maintain a basic plan or scheme for the furnishing,
decorating, and alteration of the governor's mansion and the capitol building
complex, consistent with the architecture and the historic and symbolic nature
of the buildings. The terms of the members shall not exceed 9 years.
BE IT FURTHER RESOLVED that the following statement be placed on the
ballot:

CONSTITUTIONAL AMENDMENT
ARTICLE IV
Proposing an amendment to the State Constitution to authorize a capitol
and mansion commission with authority to establish and maintain a plan for
the furnishing, decorating, and alteration of the capitol building complex and
the governor's mansion.
Filed in Office Secretary of State June 4, 1975.


CONSTITUTIONAL AMENDMENT-LOCAL
AD VALOREM TAXES

SENATE JOINT RESOLUTION NO. 1061

A Joint Resolution proposing an amendment to Section 9, Article VII of the
State Constitution relating to local ad valorem taxes.

Be It Resolved by the Leyislature of the State of Florida:
That the following amendment to Section 9 of Article VII of the State
Constitution is hereby agreed to and shall be submitted to the electors of this
state for approval or rejection at the general election to be held in No-
vember 19761:
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PROPOSED CONSTITUTIONAL AMENDMENTS


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ARTICLE VII
FINANCE AND TAXATION
Section 9. Local Taxes
(ai Counties, schooll di'Atricts, and municipalities shall, and special districts
may, be authorized by law to levy ad valorem taxes and may be authorized
by general law to levy other taxes, for their respective purposes, except ad
valorem taxes on intangible personal property and taxes prohibited by this
constitution.
(bl Ad vnlorem taxc(., exclusive of taxes levied for the payment of bonds
and tlaxr. levied for Iperiods not longer than two years when authorized by
vote of the electors who tire the owners of freeholds therein not wholly ex-
eumpt from inxation. shall not be levied in excess of the following mllages
upon the assessed value of real estate and tangible personal property: for all
county purposes, ten mills: for all municipal purposes, ten mills; for all
school l purposes, tel mills; for water management purposes for the north-
F %wveqt portion of the state lying west of the line between ranges two and three
eat. 0.05 mill: for water management purposes for the remaining portions of
the state, 1.0 mill: and for all other special districts a millage authorized by
Ilw alpproned by vote of the electors who are owners of freeholds therein
not wholly exempt from taxation. A county furnishing municipal services
may, to the extent authorized by law, levy additional taxes within the limits
fixed for municipal purposes.
BE IT FIL'UTHER RESOLVED that the following statement be placed on
the ballot:

CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 9
Proposing an amendment to the State Constitution authorizing and limiting
local taxes for water management purposes to not more than one (1) mill.
Filed in Office Secretary of State June 13, 1975.
I Submission to electors, see Laws 1975. c. 75-245.


CONSTITUTIONAL AMENDMENT-STATE RETIREMENT
SSYSTEM-BENEFITS


HOUSE JOINT RESOLUTION NO. 291


A Joint Resolution proposing the creation of Section 14 of Article X of the
State Constitution relating to state retirement systems.


Be It Res
That tt
forth belt
approval




Section I
A gove
supported
provide a
system ut
funding o


lved by the Legislature of the State of Florida:
e creation of Section 14 of Article X of the State Constitution set
w is agreed to and shall be submitted to the electors of Florida for
or rejection at the general election to be held in November 1976:

ARTICLE X
MISCELLANEOUS
i. State retirement systems benefit changes
rnimental unit responsible for any retirement or pension system
in whole or in part by public funds shall not after January. 1, 1977,
ny increase in the benefits to the members or beneficiaries of such
less such unit has made or concurrently makes provision for the
Sthe increase in benefits on a sound actuarial basis.
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PROPOSED CONSTITUTIONAL AMENDMENTS

BE IT FURTHER RESOLVED that in accordance with the requirements
of section 101.161, Florida Statutes, the substance of the amendment pro-
posed herein'shall appear on the ballot as follows:
Proposing to add Section 14 to Article X of the State Constitution to pro-
vide that increases in the benefits payable under any governmental supported
retirement system after January 1, 1977, be fully funded by the governmental
unit.
Filed in Office Secretary of State June 2, 1975.


CONSTITUTIONAL AMENDMENT-JUDGES--
DISCIPLINE AND RETIREMENT

HOUSE JOINT RESOLUTION NO. 1709

A Joint Resolution proposing an amendment to Section 12 of Article V of
the State Constitution relating to discipline, removal and retirement of
justices and judges.

Be It Resolved byi the Legislature of the State of Florida:
That the amendment to Section 12 of Article V of the State Constitution
set forth below is agreed to and shall be submitted to the electors of Florida
for approval or rejection at the general election to be held in November 1976,
or, if autibrized by three-fourths of the membership of each house of the
legislature, at a special election to be held March 9, 1976:

ARTICLE V.

Section 12. Discipline; removal and retirement
(a) There shall be a judicial qualifications commission vested with juris-
diction to investigate and recommend to the Supreme Court of Florida the j
removal from office of any justice or judge whose conduct, during term of
office or otherwise occurring on or after November 1, 1966, (without regard .
to the effective date of this section) demonstrates a present unfitness to hold
office, and to investigate and recommend the reprimand of a justice or judge
whose conduct, during term of office or otherwise occurring on or after
November 1, 1966 (without regard to the effective date of this section), war-
rants such a reprimand. The commission shall be composed of:
(1) Two judges of district courts of appeal selected by the judges of those
courts, two circuit judges selected by the judges of the circuit courts and two
judges of county courts selected by the judges of those courts;
(2) Two electors who reside in the state, who are members of the bar of
Florida, and who shall be chosen by the governing body of the bar of
Florida; and
,t (3) Five electors who reside in the state, who have never held judicial
,r office or been members of the bar of Florida, and who shall be appointed
by the governor.
(b) The members of the judicial qualifications commission shall serve stag-
gered terms, not to exceed six years, as prescribed by general law. No mem-
ber of the commission except a justice or judge shall be eligible for state judi-
cial office so long as he is a member of the commission and for a period of two
years thereafter. No member of the commission shall hold office in a political
Ili party or participate in any campaign for judicial office or hold public office;
7, provided that a judge may participate in his own campaign for judicial office
ut and hold that office. The commission shall elect one of its members as its'
le c chairman.
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PROPOSED CONSTITUTIONAL AMENDMENTS

(c) Members of the judicial qualifications commission not subject to im-
peachment shall be subject to removal from the commission pursuant to the
provisions of Article IV, Section 7, Florida Constitution.
(d) The commission shall adopt rules regulating Its proceedings, the filling of
vacancies by the appointing authorities, the disqualification of members, and
the temporary replacement of disqualified or incapacitated members. The
commission's rules, or any part thereof, may be repealed by general law en-
acted by a majority vote of the membership of each house of the legislature, or
by the supreme court, five justices concurring. Until formal charges against
V, a justice or judge are filed by the commission with the clerk of the supreme
( court of Florida all proceedings by or before the commission shall be con-
fidential; provided, however, upon a finding of probable cause and the filing
by the commission with said clerk of such formal charges against a justice
or judge such charges and all further proceedings before the-commission shall
be public. The commission may with seven members concurring, recommend
to the supreme court the.temporary suspension of any justice or judge against
whom formal charges are pending.
(e) The commission shall have access to all information from all executive,
legislative and judicial agencies, including grand juries, subject to the rules'
of.the commission. At any time, on request of the speaker of the house of rep-
resentatives or the governor, the commission shall make available all informa-
tion in. the possession of the commission for use in consideration of impeach-
ment or suspension, respectively.
'* (f) Upon recommendation of two-thirds of the members of the judicial
qualifications commission, the supreme court may order that the justice or
judge be disciplined by appropriate reprimand, or be removed from office with
Sttermination of compensation for willful or persistent failure to perform his
duties or for other conduct unbecoming a member of the judiciary demon-
strating a present unfitness to hold office, or be involuntarily retired for any
permanent disability that seriously interferes with the' performance of his
duties. Malafides, scienter or moral turpitude on the part of a justice or Judge
S- shall not be required for removal from office of a justice or judge whose con-
". duct demonstrates a present unfitness to hold office. After-the filing of a
formal proceeding and upon request of the commission, the supreme court
may suspend the justice or judge from office, .with or without compensation,
pending final determination of the inquiry.
(g) The power of removal conferred by this section shall be both alternative
and cumulative to.the po)ver of impeachment and to. the power of suspension
by the governor and removal by the senate.
(h) Notwithstanding any of the foregoing provisions of this section, if the
person who is the subject of proceedings by the judicial qualifications commis-
sion is a justice of the supreme court of Florida all justices of. such court
:automatically shall be disqualified to sit as justices of such court with respect
to all proceedings therein concerning such person and the'supreme court for
such purposes shall be composed of a panel consisting of the seven chief judges
of the judicial circuits of the state of Florida most senior in tenure of judicial
office as circuit judge. For purposes of determining seniority of such circuit
judges in the event there be judges of equal tenure in judicial office as circuit
judge the judge or judges from the lower numbered circuit or circuits shall be
deemed senior. In the event any such chief circuit judge is under investiga-
tion by the judicial qualifications .commission or is otherwise disqualified or
unable to serve on the panel, the next most senior chief circuit judge or judges
,.. :shall serve in place of such disqualified or disabled chief circuit judge. :
1% (i) Schedule to section 12.-
(1) The terms of office of the present members of the judicial qualifications
commission shall expire on January 1, 1975 and new members shall be ap-
pointed to serve the following staggered terms:
S* a. Group I.-The terms of five members, composed of two electors as set
forth in s. 12(a)(3) of Article V, one member of the bar of Florida as set forth
S808




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PROPOSED CONSTITUTIONAL AMENDMENTS

in s. 12(a)(2) of Article V, one judge from the district courts of appeal and one
circuit judge as set forth in s. 12(a)(l) of Article V, shall expire on December
31, 1976.
b. Group II.-The terms of four members, composed of one elector as set
forth in s. 12(n)(3) of Article V, one member of the bar of Florida as set forth
in s. 12(a)(2) of Article V, one circuit judge and one county judge as set forth
in s. 12(al(l) of Article V shall expire on December 31, 1978.
c. Group III.-The terms of four members, composed of two electors as set
forth in s. 12ta)(3) of Article V, one judge from the district courts of appeal
and one county judge as set forth in s. 12(a)(1) of Article V, shall expire on
December 31, 1980.
(2) The 1976 amendment to section 12 of Article V, if submitted at a special
election, shall take effect upon approval by the electors of Florida.
BE IT FURTHER RESOLVED that in accordance with the requirements
Sof section 101.161, Florida Statutes, the substance of the amendment proposed
herein shall appear on the ballot as follows:
Proposing an amendment to Section 12 of Article V of the State Constitution
to provide that proceedings before the judicial qualifications commission shall
be confidential until the filing of formal charges against a justice or judge
with the Clerk of the Supreme Court, to require the judicial qualifications com-
mission to make available all information in its possession upon request of
the Speaker of the House of Representatives or the Governor, to provide that
improper motive shall not be required for removal of a justice or judge whose :
conduct demonstrates unfitness to hold office, and to provide for service on
the Supreme Court by certain chief judges of the judicial circuits, rather
than justices of the Supreme Court, when the judicial qualifications commis-
sion has undertaken proceedings against a justice of the Supreme Court.
Filed in Office Secretary of State May 30, 1975.




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Ch.75-124 1975 REGULAR SESSION

or other instruments except as otherwise herein provided, the same fees that
are allowed clerks of the circuit court; provided, however, no fee shall be .
less than $1.
Section 4. Subsections (1) and (4) of section 28.241, Florida Statutes, 1974
Supplement, are amended to read:
28.241 Filing charges for trial and appellate proceedings
(1) The party instituting any civil action, suit or proceeding in the circuit .
court shall pay to the clerk of said court a service charge of $15 in all eases
i in which there are not more than five defendants, and an additional ser-
vice charge of 50 cents for each defendant in excess of five. An additional
service charge of $2 shall be paid by the party seeking each severance that
is granted. An additional service charge of $2 shall be paid to the clerk for
each civil action filed, such charge to be remitted by the clerk to the State
i *Treasurer for deposit into the General Revenue Fund unallocated, Service
charges In excess of those herein fixed may be imposed by the governing
Authority of the county by ordinance or by special or local law, and such
excess shall be expended as provided by such ordinance or any special or
j local law, now or hereafter in force, in providing and maintaining facilities,
including a law library, for the use of the courts of the county wherein the
: service charges are collected or for a legal aid program (in such county].
Postal charges incurred by the clerk of the circuit court in making service
by certified or registered mail on defendants or other parties in excess of
i two shall be paid by the party at whose instance the same is served. That
part of the within fixed or allowable service charges which Is not by local
i or special law applied to the special purposes shall constitute the total ser-
vice charges of the clerk of said court for all services performed by him
In civil actions, suits, or proceedings.
(4) The clerk of any appellate court except the circuit court, upon the
filing of a certified copy oj a notice of appeal or petition shall charge and
collect a service charge of $50 for each ease docketed, and for copying, cer-
tifying or furnishing opinions, records, papers or other instruments and for
other services the same service charges as provided in s. 28.24..
Section 5. This act shall take effect July 1, 1975.
Approved by the Governor! June 14, 1975.
Filed in Office Secretary of State June 16, 1975.




WATER MANAGEMENT DISTRICTS-CREATION

CHAPTER 75-125

COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 1280

An Act relating to the Florida Water Resources Act of 1972; amending s.
373.069(4), Florida Statutes, and the Introductory paragraph of subsection
(3) of said section; amending as. 373.0697(4), 373.224, Florida Statotes;
changing the effective date relating to the creation of water management
districts; providing an effective date.
Be It Enacted by the Legisltture of the State of Florida:
Section 1. Subsection (4) and the introductory paragraph .of subsection (3)
of section 373.069, Florida Statutes, are amended to read:
373.069 Creation of water management districts
(3) On December 31, 1976, the name of Central and Southern Florida Flood
\ Control District shall be changed to South Florida Water Management Dis-
216





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1975 REGULAR SESSION Ch. 75-12v

trict; on December 31, 1976, Ridge and Lower Gult Coast Water Management
District shall cease to exist; and on December 31, 1970, the boundaries of the
respective districts shall be changed so as to include the areas within the
following boundaries:
(4) During the interim period prior to December 31, 1976:
(a) The department and the previously existing districts shall assist the
newly created districts in becoming operational.
(b) The department shall encourage, and coordinate where appropriate, the
use of interagency agreements covering the duties, responsibilities, assets,
and liabilities of the districts and their respective basins relating to terri-
tories to be transferred from one district to another.
(c) The department shall assist in obtaining modification of existing ob-
ligations, duties, and responsibilities, regardless of how incurred, of the
respective districts which are needed to insure orderly transfer of territory
from district to another.
(d) The department and the respective districts shall submit recommen-
dations regarding any matters affected by such transfers to the 1976 regular
session of the legislature.
Section 2. Subsection (4) offsection 373.0697, Florida. Statutes, is amended
to read:
373.0697 Basin taxes
The respective basins may, upon approval of the electors in such basin
pursuant. to s. 9(b), Art. VII of the State Constitution, by resolution request
the governing' board of the district to levy ad volorem taxes within such
basin. Upon receipt of such request, a basin tax levy shall be made by the
governing board of the district to finance basin functions enumerated in s.
373.0695;
(4) Tax millages authorized by the electors during the interim period prior
to December 31, 1976 may be continued within such areas after said date,
notwithstanding the fact that such area may have been transferred to another
district
Section 3. Section 373.224, Florida Statutes, is amended to read:
373224 Existing permits
Any permits or permit agreements for consumptive use of water executed
or issued by an existing flood control, water management, or water regula-
tory district pursuant to chapter 373 or chapter 378 prior to December 31,
1976, shall remain in full force and effect in accordance with its terms until
otherwise modified or revoked as authorized herein.
Section 4. This act shall take effect on June 30, 1975. .
Approved by the Governor June 14, 1075.
Filed in Office Secretary of State June 16, 1975.


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