CRC - 2017                                                  P 34
       By Commissioner Carlton
       carltonl-00037B-17                                      201734__
    1                         A proposal to amend                       
    2         Sections 8, 14, 15, 25, and 26 of Article I of the
    3         State Constitution to make technical and
    4         nonsubstantive revisions to improve the clarity and
    5         organization of the State Constitution and to delete
    6         provisions that have become obsolete or have had their
    7         effect.
    9  Be It Proposed by the Constitution Revision Commission of
   10  Florida:
   12         Sections 8, 14, 15, 25, and 26 of Article I of the State
   13  Constitution are amended to read:
   14                              ARTICLE I                            
   15                        DECLARATION OF RIGHTS                      
   16         SECTION 8. Right to bear arms.—
   17         (a) The right of the people to keep and bear arms in
   18  defense of themselves and of the lawful authority of the state
   19  shall not be infringed, except that the manner of bearing arms
   20  may be regulated by law.
   21         (b) There shall be a mandatory period of three days,
   22  excluding weekends and legal holidays, between the purchase and
   23  delivery at retail of any handgun. The mandatory three-day
   24  waiting period does not apply to the trade in of another handgun
   25  or to holders of a license to carry a concealed weapon or
   26  firearm as prescribed in Florida law. For the purposes of this
   27  subsection section, the term “purchase” means the transfer of
   28  money or other valuable consideration to the retailer, and the
   29  term “handgun” means a firearm capable of being carried and used
   30  by one hand, such as a pistol or revolver. Holders of a
   31  concealed weapon permit as prescribed in Florida law shall not
   32  be subject to the provisions of this paragraph.
   33         (c) The legislature shall enact legislation implementing
   34  subsection (b) of this section, effective no later than December
   35  31, 1991, which shall provide that anyone violating the
   36  provisions of subsection (b) shall be guilty of a felony.
   37         (d) This restriction shall not apply to a trade in of
   38  another handgun.
   39         SECTION 14. Pretrial release and detention.—Unless charged
   40  with a capital offense or an offense punishable by life
   41  imprisonment and the proof of guilt is evident or the
   42  presumption is great, Every person charged with a crime or
   43  violation of municipal or county ordinance shall be entitled to
   44  pretrial release on reasonable conditions unless charged with a
   45  capital offense or an offense punishable by life imprisonment
   46  and the proof of guilt is evident or the presumption is great.
   47  If no conditions of release can reasonably protect the community
   48  from risk of physical harm to persons, assure the presence of
   49  the accused at trial, or assure the integrity of the judicial
   50  process, the accused may be detained.
   51         SECTION 15. Prosecution for crime; offenses committed by
   52  children.—
   53         (a) No person shall be tried for capital crime without
   54  presentment or indictment by a grand jury, or for other felony
   55  without such presentment or indictment or an information under
   56  oath filed by the prosecuting officer of the court, except
   57  persons on active duty in the militia when tried by courts
   58  martial.
   59         (b) When authorized by law, a child as therein defined may
   60  be charged with a violation of law as an act of delinquency
   61  instead of crime and tried without a jury or other requirements
   62  applicable to criminal cases. A child found delinquent shall be
   63  disciplined as provided by law. Any child charged with a
   64  violation of law as an act of delinquency so charged shall, upon
   65  demand made as provided by law before a trial in a juvenile
   66  proceeding, be tried in an appropriate court as an adult. A
   67  child found delinquent shall be disciplined as provided by law.
   68         SECTION 25. Taxpayers’ Bill of Rights.—By general law, the
   69  legislature shall prescribe and adopt a Taxpayers’ Bill of
   70  Rights that, in clear and concise language, sets forth
   71  taxpayers’ rights and responsibilities and government’s
   72  responsibilities to deal fairly with taxpayers under the laws of
   73  this state. This section shall be effective July 1, 1993.
   74         SECTION 26. Claimant’s right to fair compensation.—
   75         (a) Article I, Section 26 is created to read “Claimant’s
   76  right to fair compensation.” In any medical liability claim
   77  involving a contingency fee, the claimant is entitled to receive
   78  no less than 70% of the first $250,000.00 in all damages
   79  received by the claimant, exclusive of reasonable and customary
   80  costs, whether received by judgment, settlement, or otherwise,
   81  and regardless of the number of defendants. The claimant is
   82  entitled to 90% of all damages in excess of $250,000.00,
   83  exclusive of reasonable and customary costs and regardless of
   84  the number of defendants. This section provision is self
   85  executing and does not require implementing legislation.
   86         (b) This Amendment shall take effect on the day following
   87  approval by the voters.