Revision 13: miscellaneous matters and technical revisions.

• Author: Buzzett, William A.
• Position: Florida Constitution Revision Commission

Ballot Title: Miscellaneous Matters and Technical Revisions

Ballot Summary: Removes gender-specific references; allows prison sentences in court-martial actions; consolidates ethics code provision; specifies time for veto message consideration; clarifies that legislature gives designated officials final general appropriations bills 72 hours before passage; allows direct appeal of courts-martial to specified state court and advisory opinions from federal military courts; requires earlier constitution revision commission appointments; changes tax and budget reform commission voting procedures and meetings from every 10 to every 20 years.

In law-making, as in wine-making, the residue can be very valuable stuff. In the case of revisions proposed by the Constitution Revision Commission (CRC), Revision 13, the "leftovers," is composed of nine very good, albeit less than earth-shattering, propositions.(1) It is the cleanup.

There are those who believe that the principal job of the CRC should be to make this type of revision to correct mistakes, conform language, clarify, and make other such technical changes. While the history of the CRC's creation in 1968 indicates otherwise,(2) a cleanup revision is certainly an important contribution and deserves explanation and consideration.

Most of the changes in this revision received unanimous support of the commission; the remainder passed by overwhelming margins. The subjects cover such diverse areas as military affairs, the legislature, the Taxation and Budget Reform Commission, the Constitution Revision Commission, ethics, and the male-oriented language of the constitution itself. Their common link is that they attempt to revise existing provisions that have incurred stumbling blocks in administration or otherwise, and they were determined to be noncontroversial.

Military Affairs

Three separate proposals passed on the subject of military Affairs.(3) The first amendment revises Article I, [sections] 18 entitled "Administrative penalties," which prohibits administrative agencies from imposing a sentence of imprisonment. The revision proposes to except the Department of Military Affairs (Florida National Guard), which conducts courts-martial, from this constitutional ban and thereby resolve the conflict between Article I, [sections] 18 and ES. [sections] 250.35.(4)

The second amendment relating to military affairs is two-fold in purpose. First, it permits the legislature to authorize military courts-martial to be conducted by military judges of the Florida National Guard, removing any question about the constitutional validity of the current scheme. Second, the proposal mandates all direct appeals to be made to the First District Court of Appeal. By allowing one appellate court to develop a greater degree of expertise in military legal matters, this proposal will also ensure greater consistency in those decisions.

The last military amendment would require the Florida Supreme Court to adopt rules allowing state appellate courts to request advisory opinions relating to military law from the Federal Court of Appeals for the Armed Forces. This amendment would allow Florida courts to take advantage of this procedure and thereby allow for decisions consistent with other jurisdictions operating under the Uniform Code of Military Justice.(5)

Taxation and Budget Reform Commission

As initially filed, this proposal would have abolished the Taxation and Budget Reform Commission (TBRC). The TBRC was established by the people of Florida in 1988.(6) It is similar to the CRC in the respect that it is empowered to place revisions to the state constitution directly on the ballot. It...