|Every twenty years, the Florida constitution calls for a Constitution Revision Commission to be formed and proposed changes to the constitution to be voted on by the citizens of Florida. A group called the Constitutional Liberty Coalition, consisting of the American Liberties Coalition, the Conservative Party of Florida, the Libertarian Party of Florida and the Southern League, came up with twenty proposed changes to the Florida constitution.|
Proposal 1: NEW AMENDMENT. Legitimacy of Government Powers.
Proposal 2: NEW AMENDMENT. Government Power to Regulate Use of Private Property.
Proposal 3: NEW AMENDMENT. Abatement of School Taxes on Domicile Property.
Proposal 4: NEW AMENDMENT. Prohibition of Miscellaneous Taxes.
Proposal 5: NEW AMENDMENT. Sunset Limitation of Statutes & Administrative Rules.
Proposal 6: NEW AMENDMENT. Voter Power of Recall.
Proposal 7: AMENDMENT of Art. 1, Sec. 5. Rights to assemble and associate.
Proposal 8: Amendment of Art. 1, Sec. 9. Due Process.
Proposal 9: Amendment of Art. 1, Sec. 17. Excessive punishments.
Proposal 10: Amendment of Art. 1, Sec. 19. Costs.
Proposal 11: Amendment of Art. 1, Sec. 22. Trial by jury.
Proposal 12: Amendment of Art. 10 Sec. 6(a). Eminent domain.
Proposal 1-B: NEW AMENDMENT. Prohibition of Involuntary Servitude, Impressment, Civil Conscription & Mandatory Public Service.
Proposal 2-B: NEW AMENDMENT. General Prohibition of Retroactive Laws.
Proposal 3-B: NEW AMENDMENT. Parental and Family Rights.
Proposal 4-B: AMENDMENT to Art. 10, Sec. 4. New section (d) re Homestead.
Proposal 5-B: NEW AMENDMENT. New Sec. 7 to Art. 6: None of the Above.
Proposal 6-B: Amending Art. 1, Sec. 13. Habeas Corpus.
Proposal 7-B: Amending Art. 1, Sec. 18. Administrative penalties.
Proposal 8-B: NEW AMENDMENT. Judicial Review of Agency Rules.
Proposal 1: NEW AMENDMENT. Legitimacy of Government Powers. Legitimate government, at any level, is established solely by direct and explicit consent of the governed. Relative to the citizenry, no branch of government has inherent or reserved powers, implicit or assumed prerogatives, or presupposed attributes of sovereignty. Powers must be expressly granted to government by the people, and the extent and range of such powers shall be strictly, narrowly construed.
Proposal 2: NEW AMENDMENT. Government Power to Regulate Use of Private Property. Government is delegated the limited power to regulate the use of private property solely to protect public health and safety, in accord with common law standards of nuisance. This delegation of power shall be interpreted narrowly.
Proposal 3: NEW AMENDMENT. Abatement of School Taxes on Domicile Property. All persons, who bear the economic responsibility of providing private or home education for all their respective minor children or wards, or who have no minor children or wards, shall have all school-related property taxes abated for domicile property for which they hold legal or equitable title. The legislature shall provide by law a formula for partial tax abatements.
Proposal 4: NEW AMENDMENT. Prohibition of Miscellaneous Taxes. There shall be no gift taxation, value-added taxation, securities transfer taxation, generation-skipping taxation, taxation of personal property not used for business purposes, or other tax not explicitly permitted under this constitution.
Proposal 5: NEW AMENDMENT. Sunset Limitation of Statutes & Administrative Rules. (a) In order that future generations not be burdened by legislative excesses of the past, each statute henceforth passed by the Legislature shall expire twenty years after its effective date. All current statutes shall expire ten years after passage of this amendment. The expiration of a statute shall encompass amendments to and deletions from the statute as originally enacted. (b) Each administrative rule or regulation henceforth issued by a state agency or department shall expire ten years after its effective date. All current rules and regulations shall expire six years after passage of this amendment.
Proposal 6: NEW AMENDMENT. Voter Power of Recall. (a) Registered voters shall have the power to recall all non-Federal elective public officials, and state and county court judges and justices. (b)(1) Recall of statewide elective officials or State Supreme Court justices is initiated by delivering to the Secretary of State a petition setting forth reason for recall. Sufficiency of reason is not reviewable. Proponents have 150 days to obtain and file petitions by registered voters. (2) Recall of non-statewide elective officials, district court of appeal judges, circuit court judges, and county court judges is initiated by delivering to supervisors of elections in the respective district, county, municipality or circuit a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 115 days to obtain and file petitions by registered voters. (3) A valid petition must be signed by a number of registered voters equal to not less than 15 percent of votes cast for the office of governor in the previous gubernatorial election, in the state or respective district, county, municipality or circuit appropriate to the office at issue. Recall elections must be held not less than 60 days nor more than 75 days from the date of certification of sufficient signatures. (c) If the majority vote is for recall, then the official, justice or judge is removed. At the special election, if any, to fill the position for duration of the term, the removed officer or judge shall not be a candidate. A removed judge or justice shall not be reappointed, respectively, to a position on the court from which removed. (d) An official, judge or justice against whom a recall initiative or election fails shall not be the object of another recall initiative until at least 180 days after the previous recall election or date of determination of there having been an insufficient number of signatures collected to compel the calling of a recall election for said person. (e) The legislature shall enact reasonable laws for circulation, filing, and inexpensive certification of petitions and other matters concerning the recall procedure and recall election.
Proposal 7: AMENDMENT of Art. 1, Sec. 5. Rights to assemble and associate. The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances. The rights of electoral participation and political association are fundamental; any law burdening their exercise is subject to strict judicial scrutiny for legitimacy regarding ends and means, and must be supported by clear and convincing evidence. Political choices and competition are primary interests of the citizenry.
Proposal 8: Amendment of Art. 1, Sec. 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 himself. Private property may be forfeited only after felony conviction of, and exhaustion of appeals by, the property owner.
Proposal 9: Amendment of Art. 1, Sec. 17. Excessive punishments. Excessive fines, cruel or unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. There shall be proportionality between magnitude of felony and the severity of forfeiture of property.
Proposal 10: Amendment of Art. 1, Sec. 19. Costs. No person charged with crime shall be compelled to pay costs before a judgment of conviction has become final. A person not found guilty of a crime shall not be assessed fees or costs to recover property seized as evidence or otherwise held, impounded, or stored by the government.
Proposal 11: Amendment of Art. 1, Sec. 22. Trial by jury. The right of trial by jury shall be secure to all and remain inviolate, including the power of the jury to judge the law as well as the evidence in all instances in which the government or any of its agencies is an opposing party. No potential juror shall be questioned concerning political or religious beliefs, or concerning opinion of the power and right of jurors to judge the law as well as the evidence. Judges shall instruct jurors of their power and right to judge the law as well as the evidence. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.
Proposal 12: Amendment of Art. 10 Sec. 6(a). Eminent domain. (a) No private property shall be taken except for a substantial, explicit public use and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.
[Following are eight additional proposals presented to the CRC by the Coalition in late August.]
Proposal 1-B: NEW AMENDMENT. Prohibition of Involuntary Servitude, Impressment, Civil Conscription & Mandatory Public Service. Civil conscription, and impressment of private property, are prohibited. Involuntary servitude is prohibited as a punishment for crime whereof a person has been duly convicted. Neither enrollment in nor graduation from a government school, nor membership in a profession or occupation, nor the granting of any license or permit, shall be conditioned upon provision of compulsory public service.
Proposal 2-B: NEW AMENDMENT. General Prohibition of Retroactive Laws. No law shall tax, impose liability upon, or otherwise punish the exercise of rights or privileges which occurred before the effective date of a statute, ordinance, or rule applied to such conduct or property. Reliance upon and reliability of the law are undermined by retroactive laws. Tax, regulatory, and punitive measures must be prospective from enactment, though retroactive curative laws are permissible to the extent vested rights are not punished or otherwise diminished.
Proposal 3-B: NEW AMENDMENT. Parental and Family Rights. The family is a foundational association of civil society, and parents as natural guardians enjoy a robust sphere of sovereignty concerning the protection, discipline, education, and care of their children. No parent shall be deprived of the guardianship of a child without trial by jury.
Proposal 4-B: AMENDMENT to Art. 10, Sec. 4. New section (d) re Homestead. (d) No person shall be deprived of homestead for failure to pay property taxes or fines imposed for violation of local codes. A fine for violation of a local code, relating to homestead property, shall not exceed five percent of the assessed value of the homestead property.
Proposal 5-B: NEW AMENDMENT. New Sec. 7 to Art. 6: None of the Above. (1) In any primary or general election for public office, the ballot category NONE OF THE ABOVE will be placed on the ballot, below the names of candidates for each respective office, as a choice for office due to be filled at the general election that year. (2) If no candidate receives a plurality of votes cast, all candidates who receive fewer votes than NONE OF THE ABOVE shall be disqualified for that office in that election cycle, and a supplemental election shall be held to determine the office holder or party nominee. The qualifying process and period for candidate shall be reopened for any supplemental primary or general election.
Proposal 6-B: Amending Art. 1, Sec. 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.
Proposal 7-B: Amending Art. 1, Sec. 18. Administrative penalties. No administrative agency shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. No penalty greater than five thousand dollars shall be imposed by an agency which is not based upon a determination, by an administrative jury of six persons, of there having been a gross violation of an administrative rule.
Proposal 8-B: NEW AMENDMENT. Judicial Review of Agency Rules. Administrative regulations and rules are subject to de novo judicial review, and are not entitled to a presumption of legal or evidential validity.