Title: Proposed Constitutional Amendments 1975 Session
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Title: Proposed Constitutional Amendments 1975 Session
Physical Description: Book
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Proposed Constitutional Amendments 1975 Session
General Note: Box 10, Folder 2 ( SF Taxation, ad valorem tax referendum-SWFWMD-1976 - 1976 ), Item 10
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002058
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text







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 shallybe 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 Legislature 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 1976 1:
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PROPOSED CONSTITUTIONAL AMENDMENTS


ARTICLE VII.
-, FINANCE AND TAXATION
Section 9. Local Taxes
(a) Counties, school districts, 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.
(b) Ad valorem taxes, exclusive of taxes levied for the payment of bonds
and taxes levied for periods not longer than two years when authorized by
vote of the electors who are the owners of freeholds therein not wholly ex-
Ser cmpt rom taxation, shall not be levied in excess of the following millages
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 purposes, ten mills; for water management purposes for the north-
west portion of the state lying west of the line between ranges two and three
east, 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
law approved 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 FURTHER RESOLVED that the following statement be placed on
the ballot:

CONSTITUTIONAL AMENDMENT
ARTICLE VII, SECTION 9
A \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.
1 Submission to electors, see Laws 1975, c. 75-245.


CONSTITUTIONAL AMENDMENT-STATE RETIREMENT
SYSTEM-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 Resolecd by the Legislature of the State of Florida:
That the creation of Section 14 of Article X 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:

ARTICLE X
MISCELLANEOUS
Section 14. State retirement systems benefit changes
o.. A governmental unit responsible for any retirement or pension system
supported in whole or in part by public funds shall not after January 1, 1977,
provide any increase in the benefits to the members or beneficiaries of such
system unless such unit has made or concurrently makes provision for the
funding of the increase in benefits on a sound actuarial basis.
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PROPOSED CONSTITUTIONAL AMENDMENTS

BE IT FURTHER RESOLVED that il 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 i
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
f Justices and judges. '

Be It Resolved by 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 authorized 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 reconunend to the Supreme Court of Florida the
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 .j
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 i
.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
In 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
'I1 and hold that office. The commission shall elect one of its members as its'
Chairman.
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PROPOSED CONSTITUTIONAL AMENDMENTS

Sic 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.
idi The commission shall adopt rules regulating its proceedings, the filling of
a. cancies 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 on-
acted by a majority vote of the membership of each house of the legislature, or
lby the supreme court, five justices concurring. Until formal charges against
Sa 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 tie 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.
tel The commission shall have access to all information from all executive.
le hgialntive and judicial agencies, -including grand juries, subject to the rules
of t lie commission. At any time, on request of the speaker of the house of rep-
rie .entatives or the governor, the commission shall make available all informa-
tiin in the possession of the commission for use in consideration of impeach-
i"ent or suspension, respectively.
fi Upon recommendation of two-thirds of the members of the judicial
Siianlifications commission, the supreme court may order that the justice or
I ji ludge be disciplined by appropriate reprimand, or be removed from office with
termination of compensation for willful or persistent failure to perform his
diitiai- or for other conduct unbecoming a member of the judiciary demon-
S. rating a present unfitness to hold office, or be involuntarily retired for any
pernuinent disability that seriously interferes with the'performance of his
Duties. Malafides, scienter or moral turpitude on the part of a justice or judge
i: Iiall ndot be required for removal from office of a justice or judge whose eon-
Sduct 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.
igi The power of removal conferred by this section shall be both alternative
and cumulative to the power of impeachment and to the power of suspension
by the governor and removal by the senate.
thi Notwithstanding any of the foregoing provisions of this section, if the
I i-rron who is the subject of proceedings by the judicial qualifications commis-
-ion 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
-,Iucl purposes shall be composed of a panel consisting of the seven chief judges
Sof tlie judicial circuits of the state of Florida most senior in tenure of judicial
,j 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.
(i) Schcdule to section 12.-
S(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-
Spointed to serve the following staggered terms:
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
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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)(1) 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(a)(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(a)(1) 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. 12(a)(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
of 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 shlll 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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