Pretrial release and detention. Prosecution for crime; offenses committed by children. Rights of accused and of victims. Excessive punishments. Administrative penalties. Access to courts. Trial by jury. Right of privacy. Access to public records and meetings. Marriage defined. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people. No person shall be deprived of any right because of race, religion, national origin, or physical disability. Religious freedom shall not justify practices inconsistent with public morals, peace or safety.
No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated.
The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court.
Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.
If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. Any child so charged shall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties the trial will take place.
Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law. However, nothing contained herein is intended to create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law. The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct, including, but not limited to, trial, plea, sentencing, or adjudication, even if the victim will be a witness at the proceeding, notwithstanding any rule to the contrary.
A victim shall also be provided reasonable, accurate, and timely notice of any release or escape of the defendant or delinquent, and any proceeding during which a right of the victim is implicated. The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a right of the victim is implicated. The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the case.
The right to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the convicted offender, any scheduled release date of the offender, and the release of or the escape of the offender from custody. The right to be informed of all postconviction processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender.
The parole or early release authority shall extend the right to be heard to any person harmed by the offender. The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender.
The state attorney may file a good faith demand for a speedy trial and the trial court shall hold a calendar call, with notice, within fifteen days of the filing demand, to schedule a trial to commence on a date at least five days but no more than sixty days after the date of the calendar call unless the trial judge enters an order with specific findings of fact justifying a trial date more than sixty days after the calendar call. All state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases and within five years from the date of appeal in capital cases, unless a court enters an order with specific findings as to why the court was unable to comply with this subparagraph and the circumstances causing the delay.
Each year, the chief judge of any district court of appeal or the chief justice of the supreme court shall report on a case-by-case basis to the speaker of the house of representatives and the president of the senate all cases where the court entered an order regarding inability to comply with this subparagraph.
The legislature may enact legislation to implement this subparagraph. This information shall be made available to the general public and provided to all crime victims in the form of a card or by other means intended to effectively advise the victim of their rights under this section. The court or other authority with jurisdiction shall act promptly on such a request, affording a remedy by due course of law for the violation of any right. The provisions of this section apply throughout criminal and juvenile justice processes, are self-executing, and do not require implementing legislation.
This section may not be construed to create any cause of action for damages against the state or a political subdivision of the state, or any officer, employee, or agent of the state or its political subdivisions. The death penalty is an authorized punishment for capital crimes designated by the legislature. The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution.
Any method of execution shall be allowed, unless prohibited by the United States Constitution. Methods of execution may be designated by the legislature, and a change in any method of execution may be applied retroactively. A sentence of death shall not be reduced on the basis that a method of execution is invalid. In any case in which an execution method is declared invalid, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method.
This section shall apply retroactively. The qualifications and the number of jurors, not fewer than six, shall be fixed by law. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution. The legislature, however, may provide by general law passed by a two-thirds vote of each house for the exemption of records from the requirements of subsection a and the exemption of meetings from the requirements of subsection b , provided that such law shall state with specificity the public necessity justifying the exemption and shall be no broader than necessary to accomplish the stated purpose of the law.
The legislature shall enact laws governing the enforcement of this section, including the maintenance, control, destruction, disposal, and disposition of records made public by this section, except that each house of the legislature may adopt rules governing the enforcement of this section in relation to records of the legislative branch. Laws enacted pursuant to this subsection shall contain only exemptions from the requirements of subsections a or b and provisions governing the enforcement of this section, and shall relate to one subject.
Rules of court that are in effect on the date of adoption of this section that limit access to records shall remain in effect until they are repealed. This section shall be effective July 1, This provision is self-executing and does not require implementing legislation. State boundaries. Seat of government. Branches of government. State seal and flag. Public officers. Enemy attack. Natural resources and scenic beauty. English is the official language of Florida.
The State of Florida shall also include any additional territory within the United States adjacent to the Peninsula of Florida lying south of the St. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.
In exercising these powers, the legislature may depart from other requirements of this constitution, but only to the extent necessary to meet the emergency. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.
This prohibition does not apply to the transportation of oil and gas products produced outside of such waters. This subsection is self-executing. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection f , and such rules shall include disclosure of secondary sources of income. II, which take effect December 31, , include the addition of a new subsection f , which will result in the redesignation of subsequent subsections.
As a result, the amendment to s. II take effect and s. Effective December 31, , s. II, except s. Members; officers. Sessions of the legislature. Quorum and procedure. Investigations; witnesses. Passage of bills. Executive approval and veto.
The Florida Senate
Effective date of laws. Special laws. Prohibited special laws. Appropriation bills. Term of office. Civil service system. Terms and qualifications of legislators. Legislative apportionment. Conflict of Interest. State Budgeting, Planning and Appropriations Processes. Standards for establishing congressional district boundaries. Standards for establishing legislative district boundaries. The senate shall designate a Secretary to serve at its pleasure, and the house of representatives shall designate a Clerk to serve at its pleasure.
List of accidents and incidents involving military aircraft (–) - Wikipedia
The legislature shall appoint an auditor to serve at its pleasure who shall audit public records and perform related duties as prescribed by law or concurrent resolution. On the fourteenth day following each general election the legislature shall convene for the exclusive purpose of organization and selection of officers. A regular session of the legislature shall convene on the first Tuesday after the first Monday in March of each odd-numbered year, and on the second Tuesday after the first Monday in January of each even-numbered year.
A regular session of the legislature shall not exceed sixty consecutive days, and a special session shall not exceed twenty consecutive days, unless extended beyond such limit by a three-fifths vote of each house. During such an extension no new business may be taken up in either house without the consent of two-thirds of its membership. Neither house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution. Each house shall determine its rules of procedure.
In any legislative committee or subcommittee, the vote of each member voting on the final passage of any legislation pending before the committee, and upon the request of any two members of the committee or subcommittee, the vote of each member on any other question, shall be recorded.
The rules of procedure of each house shall further provide that all prearranged gatherings, between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, the purpose of which is to agree upon formal legislative action that will be taken at a subsequent time, or at which formal legislative action is taken, regarding pending legislation or amendments, shall be reasonably open to the public. All open meetings shall be subject to order and decorum.
This section shall be implemented and defined by the rules of each house, and such rules shall control admission to the floor of each legislative chamber and may, where reasonably necessary for security purposes or to protect a witness appearing before a committee, provide for the closure of committee meetings. Each house shall be the sole judge for the interpretation, implementation, and enforcement of this section. Such powers, except the power to punish, may be conferred by law upon committees when the legislature is not in session. Punishment of contempt of an interim legislative committee shall be by judicial proceedings as prescribed by law.
No law shall be revised or amended by reference to its title only. Laws to revise or amend shall set out in full the revised or amended act, section, subsection or paragraph of a subsection. It shall be read in each house on three separate days, unless this rule is waived by two-thirds vote; provided the publication of its title in the journal of a house shall satisfy the requirement for the first reading in that house. On each reading, it shall be read by title only, unless one-third of the members present desire it read in full. On final passage, the vote of each member voting shall be entered on the journal.
Passage of a bill shall require a majority vote in each house. Each bill and joint resolution passed in both houses shall be signed by the presiding officers of the respective houses and by the secretary of the senate and the clerk of the house of representatives during the session or as soon as practicable after its adjournment sine die. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor shall have fifteen consecutive days from the date of presentation to act on the bill.
In all cases except general appropriation bills, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates. If that house is not in session, the governor shall file them with the custodian of state records, who shall lay them before that house at its next regular or special session, whichever occurs first, and they shall be entered on its journal.
If the originating house votes to re-enact a vetoed measure, whether in a regular or special session, and the other house does not consider or fails to re-enact the vetoed measure, no further consideration by either house at any subsequent session may be taken. If a vetoed measure is presented at a special session and the originating house does not consider it, the measure will be available for consideration at any intervening special session and until the end of the next regular session. If the law is passed over the veto of the governor it shall take effect on the sixtieth day after adjournment sine die of the session in which the veto is overridden, on a later date fixed in the law, or on a date fixed by resolution passed by both houses of the legislature.
Such notice shall not be necessary when the law, except the provision for referendum, is conditioned to become effective only upon approval by vote of the electors of the area affected. Such law may be amended or repealed by like vote. Pertaining to independent special districts.
Pertaining to the maximum rate of interest on bonds. Senators shall be elected for terms of four years, those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms. Members of the house of representatives shall be elected for terms of two years in each even-numbered year.
Each legislator shall be at least twenty-one years of age, an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law. The legislature at its regular session in the second year following each decennial census, by joint resolution, shall apportion the state in accordance with the constitution of the state and of the United States into not less than thirty nor more than forty consecutively numbered senatorial districts of either contiguous, overlapping or identical territory, and into not less than eighty nor more than one hundred twenty consecutively numbered representative districts of either contiguous, overlapping or identical territory.
Should that session adjourn without adopting such joint resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionment session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a joint resolution of apportionment. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment.
No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian of state records an order making such apportionment. Within fifteen days after the passage of the joint resolution of apportionment, the attorney general shall petition the supreme court of the state for a declaratory judgment determining the validity of the apportionment.
The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within thirty days from the filing of the petition, shall enter its judgment. A judgment of the supreme court of the state determining the apportionment to be valid shall be binding upon all the citizens of the state.
Should the supreme court determine that the apportionment made by the legislature is invalid, the governor by proclamation shall reconvene the legislature within five days thereafter in extraordinary apportionment session which shall not exceed fifteen days, during which the legislature shall adopt a joint resolution of apportionment conforming to the judgment of the supreme court. Within fifteen days after the adjournment of an extraordinary apportionment session, the attorney general shall file a petition in the supreme court of the state setting forth the apportionment resolution adopted by the legislature, or if none has been adopted reporting that fact to the court.
Consideration of the validity of a joint resolution of apportionment shall be had as provided for in cases of such joint resolution adopted at a regular or special apportionment session. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not later than sixty days after receiving the petition of the attorney general, file with the custodian of state records an order making such apportionment.
The house of representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment. The chief justice of the supreme court, or another justice designated by the chief justice, shall preside at the trial, except in a trial of the chief justice, in which case the governor shall preside.
The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of representatives be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial senators shall be upon their oath or affirmation.
No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment shall remove the offender from office and, in the discretion of the senate, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer. See s. XI, State Constitution, for constitutional effective date.
Identical language to s. III, State Constitution, was enacted in s. Each major program area shall include an itemization of expenditures for: state operations; state capital outlay; aid to local governments and nonprofit organizations operations; aid to local governments and nonprofit organizations capital outlay; federal funds and the associated state matching funds; spending authorizations for operations; and spending authorizations for capital outlay.
This itemization threshold shall be adjusted by general law every four years to reflect the rate of inflation or deflation as indicated in the Consumer Price Index for All Urban Consumers, U. The long-range financial outlook must include major workload and revenue estimates. In order to implement this paragraph, the joint legislative budget commission shall use current official consensus estimates and may request the development of additional official estimates.
All general appropriation bills shall be furnished to each member of the legislature, each member of the cabinet, the governor, and the chief justice of the supreme court at least seventy-two hours before final passage by either house of the legislature of the bill in the form that will be presented to the governor. A final budget report shall be prepared as prescribed by general law. The final budget report shall be produced no later than the th day after the beginning of the fiscal year, and copies of the report shall be furnished to each member of the legislature, the head of each department and agency of the state, the auditor general, and the chief justice of the supreme court.
By law the legislature may set a shorter time period for which any trust fund is authorized. The legislature shall provide criteria for withdrawing funds from the budget stabilization fund in a separate bill for that purpose only and only for the purpose of covering revenue shortfalls of the general revenue fund or for the purpose of providing funding for an emergency, as defined by general law. General law shall provide for the restoration of this fund.
The budget stabilization fund shall be comprised of funds not otherwise obligated or committed for any purpose. General law shall provide for a long-range state planning document. The governor shall recommend to the legislature biennially any revisions to the long-range state planning document, as defined by law.
General law shall require a biennial review and revision of the long-range state planning document and shall require all departments and agencies of state government to develop planning documents that identify statewide strategic goals and objectives, consistent with the long-range state planning document. The long-range state planning document and department and agency planning documents shall remain subject to review and revision by the legislature.
The long-range state planning document must include projections of future needs and resources of the state which are consistent with the long-range financial outlook. The department and agency planning documents shall include a prioritized listing of planned expenditures for review and possible reduction in the event of revenue shortfalls, as defined by general law. No later than January of , and each fourth year thereafter, the president of the senate, the speaker of the house of representatives, and the governor shall appoint a government efficiency task force, the membership of which shall be established by general law.
The task force shall be composed of members of the legislature and representatives from the private and public sectors who shall develop recommendations for improving governmental operations and reducing costs. Staff to assist the task force in performing its duties shall be assigned by general law, and the task force may obtain assistance from the private sector. The task force shall complete its work within one year and shall submit its recommendations to the joint legislative budget commission, the governor, and the chief justice of the supreme court.
There is created within the legislature the joint legislative budget commission composed of equal numbers of senate members appointed by the president of the senate and house members appointed by the speaker of the house of representatives. Each member shall serve at the pleasure of the officer who appointed the member. A vacancy on the commission shall be filled in the same manner as the original appointment.
From November of each odd-numbered year through October of each even-numbered year, the chairperson of the joint legislative budget commission shall be appointed by the president of the senate and the vice chairperson of the commission shall be appointed by the speaker of the house of representatives.
From November of each even-numbered year through October of each odd-numbered year, the chairperson of the joint legislative budget commission shall be appointed by the speaker of the house of representatives and the vice chairperson of the commission shall be appointed by the president of the senate. The joint legislative budget commission shall be governed by the joint rules of the senate and the house of representatives, which shall remain in effect until repealed or amended by concurrent resolution.
The commission shall convene at least quarterly and shall convene at the call of the president of the senate and the speaker of the house of representatives. A majority of the commission members of each house plus one additional member from either house constitutes a quorum. Action by the commission requires a majority vote of the commission members present of each house. The commission may conduct its meetings through teleconferences or similar means.
In addition to the powers and duties specified in this subsection, the joint legislative budget commission shall exercise all other powers and perform any other duties not in conflict with paragraph c 3 and as prescribed by general law or joint rule. Lieutenant governor. Succession to office of governor; acting governor.
Election of governor, lieutenant governor and cabinet members; qualifications; terms. Executive departments. Suspensions; filling office during suspensions. Fish and wildlife conservation commission. Attorney General. Department of Elderly Affairs. Revenue Shortfalls. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government.
The governor may require information in writing from all executive or administrative state, county or municipal officers upon any subject relating to the duties of their respective offices. The governor shall be the chief administrative officer of the state responsible for the planning and budgeting for the state. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion not earlier than ten days from the filing and docketing of the request, unless in their judgment the delay would cause public injury.
ON to remedy the Commission's concerns that it had abused its allegedly dominant position on the German electricity wholesale market. ON committed itself to divest about one-fifth of its generation capacity in Germany from different types of technology and fuels as well as to divest its extra-high voltage network for the transport of electricity. In its preliminary assessment, the Commission voiced concerns that E.
ON had withheld available and profitable generation capacity from the German electricity wholesale market, thus raising prices above competitive levels. The Commission's further allegation was that E. ON TSO had purchased secondary balancing power rather than tertiary balancing power, thereby favouring its own generation affiliate, which was found to be the main provider of secondary balancing power.
Furthermore, it was alleged that E. ON TSO may have prevented new market entry for such balancing services, thereby also causing prices for balancing power to rise above competitive levels. The alleged foreclosure was found to result from strategic underinvestment limiting investments in the development of LNG-Terminals and, mainly, long-term capacity reservations for most of France's gas import capacity.
The capacity reservations of GDF Suez encompass most of the total gas import capacity into France for some length of time, thereby hindering competitors' entry into the market and the development of competition on the downstream French gas market. The Commission's communications do not shed light on whether the Commission's concerns focus on alleged foreclosure effects resulting from the duration of the contracts per se as in Distrigaz , or on a possible hoarding of capacities by GDF Suez , which would consist of under-usage of booked capacities in spite of significant demand for them which in principle should be prevented by use-it-or-lose-it-provisions in national regulation.
To offset the Commission's concerns GDF Suez proposed to release a large share of its long-term reservations of gas import capacity into France by decreasing its long-term reservations to under 50 per cent of the total French import capacity by Under the proposed commitments, GDF Suez would not be restricted to book interruptible or short-term transport capacity. Investigations of the Commission in relation to foreclosure practices in the transportation sector have also been directed against the Italian gas incumbent, ENI ; 41 a Statement of Objections was issued on 6 March The alleged behaviour supposedly created a bottleneck in import capacity to Italy which led to the rebuttal of a very high level of short- and long-term demand from third party shippers.
The Commission envisages the possible imposition upon ENI of structural remedies and a fine. ENI has announced that it will investigate whether to offer commitments pursuant to Art. SvK argues that the export restraints were necessary to alleviate internal congestion in its electricity distribution network. Most networks were developed to cover the need of a vertically integrated utility within a given supply area. Naturally, in the past these networks did not expand over national borders, except for relatively few interconnectors. Thus the practice of SvK to alleviate internal congestion by limiting interconnector capacity may be regarded as essential to safeguard the functioning of its transportation system and as a consequence, to maintain security of supply.
In this particular case, however, the Commission claims to have information on alternative means of managing these congestion problems which would not favour consumers in Sweden over consumers in neighbouring EU and EEA Member States. SvK has offered commitments pursuant to Art. In parallel to its investigations of harmful unilateral behaviour under Art. This pipeline constitutes a backbone for transporting Russian gas to Western Europe including Germany and France.
Supposedly, Ruhrgas and GDF agreed not to sell gas transported via said pipeline into each other's home market. Whereas at the time of concluding the agreement, the practice was in line with applicable legal provisions, the Commission accuses E. An agreement between E. The year has also seen significant activities of national competition authorities in the energy sector including the carrying out of sector inquiries as well as proceedings against individual market participants. In the first half of , the German Bundeskartellamt launched sector inquiries into the gas and electricity markets, with first results expected to be published in October or November.
ON , and EnBW , the sector inquiry into the gas market focuses on potential foreclosure effects resulting from long-term transportation agreements and capacity booking practices. A further sector inquiry concerning district heating was initiated by the Bundeskartellamt in September.
The Bundeskartellamt regards the monopoly position of district heating suppliers to create some scope for supra-competitive prices without leaving any choice for the district heating customers bound to the distribution networks of switching to alternative supply sources.
The aim of the investigation into the district heating markets is to increase transparency in price setting within this market. Finally, in July , the Bundeskartellamt published an interim report in the ongoing investigation in the fuel sector. Prices on the market are found to be highly transparent which mainly benefits the dominant suppliers as they are able to control prices on a continuous basis. The Bundeskartellamt has declared that further mergers involving the five leading companies will, in principle, not be cleared.
ON , 57 adopting interim measures shortly thereafter. Furthermore, the authorities found the scarce storage capacity was currently not being used in a way suited to guarantee security of supply. The agreement was allegedly reached by way of meetings of top-level management and covered at least the years from to , having consequences in subsequent years as well. Another report was published in May, on wholesale electricity prices in Portugal in the second half of While the authority expects lower prices through investments in generation capacity and interconnectors, it suggests additionally deregulating sales prices to end consumers to promote competition.
Albeit slightly decreasing, the combined market share of these leading players is still around 80 per cent. In October , British Ofgem published a report on the energy supply markets. On 30 March , Ofgem published initial policy proposals as to how to deal with market power concerns in the British electricity wholesale sector and opened a consultation to this question. Apparently, national competition authorities are by no means taking a back seat to the Commission in investigating the functioning of energy markets.
It will be interesting to see whether the sector inquiries by the authorities will lead to a similar fallout of individual investigations as the Commission's sector inquiry did. If this is the case a further point worth observing might be potential conflicts between competition authorities as to which is best suited to take on a specific case. Both the sector inquiry and the regulatory measures as stipulated in the third legislative package acknowledge that the access to electricity and gas networks on transparent and non-discriminatory conditions is indispensable for entering the downstream energy supply markets and, as a consequence, to open up European electricity and gas markets.
It is thus not surprising that the Commission and national competition authorities have concentrated a substantial part of their enforcement activities on investigating potential infrastructure foreclosure. Whereas it was common ground that preventing competitors from having access to infrastructure necessary for competing in upstream or downstream markets may be qualified as an infringement of Art. In line with this view, the Commission has yet to use its competition law powers to oblige an undertaking to invest in capacity enhancements of its infrastructure, which is relevant for the market participants to enter downstream markets.
On a national level, the Italian competition authority ruled in that ENI had abused its dominant position by instructing a wholly-owned subsidiary operating a gas import pipeline in Tunisia not to expand import capacities after the subsidiary had signed profitable ship-or-pay agreements with potential customers. In fact, the authority expressly states that the decision is not based on the supposed breach of an obligation of that kind.
Details of the Commission's new stance on strategic underinvestment have not yet been made public. The Commission is apparently demanding that an undertaking not only grant access to existing infrastructure but actually provide additional financial resources for expansion to adapt a given infrastructure to the actual demands. It appears questionable whether Art. Following this route would mean that competition authorities use competition law to take entrepreneurial decisions with long-term effects.
Investment decisions have to be taken ex ante when future developments of supply and demand as well as competitor's market strategies and regulatory developments are unclear. Reasonable market participants will often disagree on what the right investment decision would be, including expert regulators. Investment decisions form the basis of changes to a given market structure; investment obligations levied upon undertakings do thus concern the restructuring of the platform on which market participants operate rather than setting standards for acceptable market behaviour within an existing market environment.
The expansion of an existing infrastructure does not belong to the tasks of the Commission under EC competition law regardless of its relevance for the competitive situation in upstream or downstream markets. The setting of standards for investments into infrastructure assets should be subject to sector specific legislation.
This is all the more true, since regulatory incentives should be more effective in raising levels of investment 86 and could be brought in line with other regulatory demands and procedures more easily. A regulatory approach would provide a level of predictability and legal certainty more likely to foster investment than an ex post review under Art. An obligation to expand existing infrastructure and to invest the required capital is furthermore also debateable under the property rights guaranteed by Art. Such a step cannot be taken by executive action but needs legislative approval.
Finally, it should be concluded that the establishing of investment obligations under Art. After downstream supply contracts have been challenged by competition law enforcement on the grounds of alleged foreclosure effects, 90 both the Commission, and national competition authorities have now moved on to scrutinise transport agreements for similar reasons. The availability of free transport capacity is undoubtedly a key element for entrance into new markets to become possible. As the commitments offered by GDF Suez suggest, the Commission seems to apply the Distrigaz -model not only when reviewing downstream supply contracts under EC-competition law but also when evaluating infrastructure markets, requesting that the capacities reserved for an incumbent entity shall not trespass a certain threshold.
If and to what extent the application of standards developed for the assessment of downstream supply contracts can be applied to transportation capacity contracts requires further review.
Development without Freedom
Since the second liberalisation package has been implemented by Member States, transportation contracts, contrary to supply contracts, are subject to sector specific regulation. National regulators ensure that transportation contracts are in line with the strict rules on network access including use-it-or-lose-it-provisions and congestion procedures that have furthered the development of competition. The current legislation neither touches upon the admissible term of transportation contracts nor the status of contracts predating the implementation of the regulations.
This will not change with the third liberalisation package. The Commission did not propose regulatory measures regarding long-term contracts but rather decided to push forward using its enforcement powers under Art. Abichou T. Benson, C. Edil T. Database on beneficial reuse of foundry by- products. Recycled materials in geotechnical applications, Geotech. Vipulanandan and D. Elton, eds. Bemben, S. Paul, Minn. Bhimani, Prof. Jayeshkumar Pitroda, Prof.
Jaydevbhai J. Fredlund, D. Shear strength of unsaturated soils. Ottawa,15 3 , Javed, S. Use of Waste foundry sand in Highway construction. Use of waste foundry sand in civil engineering. Kleven, J. Evaluation of excess foundry system sands for use as sub base material. Mitchell, J. Fundamentals of soil behavior, Wiley, New York. Naik, T. Permeability of flowable slurry materials containing foundry sand and fly ash.
Flowable slurry containing foundry sands. Shiw, and Ramme, W. Bruce, April, Performance and Leaching Assessment of Flowable Slurry. Journals of Environmental Engg. Rudolph; Chun, Yoon-moon; Ramme, W. Bruce; and Singh S. Shiw, August Journals of Materials in Civil Engg. Bruce; and SiddiqueRafat, May-June ACI Materials Journal. Reddi, N. Lakshmi, Rieck, P. George, Schwab, A. Journals of Hazardous Materials,V. Stark, T. Drained residual strength of cohesive soils.
Engg, ASCE, 5 , — Takasumi, D. Soil-geosynthetics interface strength characteristics: A review of state-of-the-attesting procedures. Tikalsky, J. Paul, Smith, Earl and Regan, W. Raymond, December Sugarcane bagasse based activated carbon was prepared in a single step steam pyrolysis using a horizontal tube furnace.
Optimization was applied using desirability function with the selected optimum desirability of 0. Hussein H. K, Abu-Zinadah O. A, El Rabey H. S, Meerasahib M. F , Environmental assessment of ground water pollution by heavy metals and bioaccumulation of mercury residues in chicken tissues, African Journal of Biotechnology Vol. Asio V. Johor, Malaysia, Nov. Malik P.
Dias J. M, Alvim-Ferraz M. M, Almeida M. F, Rivera-Utrilla J. Al khatib M. F, Muyibi S. Environmentalist, vol. Wuana R. A, Okieimen F. E , Heavy metals in contaminated soils: A review of sources, chemistry, risk and best available strategies for remediation, ISRN Ecology [Online]. Scs vol. Awokunmi E.
E, Asaolu S. S, Ipinmoroti K. Del Vecchio R. Gottipati R. Goel J. B, pp — Alam M. Z, Ameen E. S, Muyibi S. A, Kabbashi N. A , The factors affecting the performance of activated carbon prepared from oil palm empty fruit bunches for adsorption of phenol, Chemical Engineering Journal, vol. Stuti Singh, Roshan Srivastava. The intrusion detection plays an important role in network security and information system. However, many current intrusion detection systems IDSs are signature based systems.
The signature based IDS also known as misuse detection looks for a specific signature to match, and identify an intrusion. When the signatures or patterns are provided, they can detect all known attack patterns, but there are some problems for unknown attacks. The rate of false positives is very low but these types of systems are poor at detecting new attacks, variation of known attacks or attacks that act as normal behavior.
Statistical based intrusion detection systems performs better than signature based intrusion detection system for novelty detection i. Researchers have implemented various classification algorithms for intrusion detection. This dissertation evaluates a decision tree classifier over a benchmark dataset. It will help intrusion detection system in novelty detection i. KDD99 dataset is used as the training data set. S, Chen. K and Lu. A,Bin Maarof. S, Irfan Ahmed. S, Saravanan. Srinivas Mukkamala, Andrew H. R, Merati.
Cross site scripting XSS attacks are currently the most exploited security problems in modern web applications. These attacks make use of vulnerabilities in the code of web-applications, resulting in serious consequences, such as theft of cookies, passwords and other personal credentials. It is caused by scripts, which do not sanitize user input. Acunetix Web Vulnerability Scanner. Felmetsger, N. Jovanovic, D. Balzarotti, M. Cova, E. Kirda, and C.
Ravi Sandhu and Joon S. Ismaill, M. Youki, K. Adobayashi, S. Kirda, C. Kruegel, and N. A, pp. Jim and N. Swamy and M. Kruegel, E. Kirda, G. Vigna P. Vogt, F. Nentwich, and N. WhiteHat Security. Website Security Statistics Report. BK Rios. Google XSS. Phishmarkt :: de. Kuo, Y. Huang, F. Yu, C. Hang, C. Tsai, and D. This paper presents a low costcontactless biometric identification system on Embedded Linux platform which is used to authenticate a person using the vein pattern in hand. As the system uses the vein pattern which is unique to each individual and is contained within human body, it is highly secure and accurate.
Moreover, its contact less feature gives it a hygienic advantage over other personal authentication technologies. The deoxygenated blood in the vein absorbs the near infrared radiation and thus the vein pattern appearsas black areas in the image.
This captured pattern is stored as a template for the user verification. The experimental results of the proposed system shows that the dorsal hand vein pattern is highly unique and is a better alternative for other personal authentication systems. Also, the use of low cost ccd camera and open source Embedded Linux made the system cheaper than the conventional systems without risking accuracy.
Ushapriya, M. Hatim A. Deepamalar and M. Ajay Kumar and K. Venkat Narayana Rao1, K. Vincent Paquita, Jeffery R. Tobin and Thomas L. Divakara Varma, R. Ramana Reddy. Arithmetic operations are widely used in most digital computer systems. Addition is a fundamental arithmetic operation and is the base for arithmetic operations such as multiplication and the basic adder cell can be modified to function as subtractor by adding another xor gate and can be used for division.
Therefore, 1-bit Full Adder cell is the most important and basic block of an arithmetic unit of a system. Hence in order to improve the performance of the digital computer system one must improve the basic 1-bit full adder cell. To achieve high speeds, high drivability hybrid-DCVSL design methodologies are used to build adder cell in this work. The hybrid adder is designed using DCVSL gates because these can produce both complementary and true outputs using single gate architecture.
The multiplexers in the design are based on the pass transistor logic PTL because these are simple to construct and occupies less chip area per component. John P. Bui, Y. Wang and Y. II, Analog Digit. Signal Process, Vol. Navi, O. Kaehi, M. Rouholamini, A. Sahafi, S. Mehrabi, N. Sumeer Goel, Mohammed A. Elgamel, Magdy A. Nagaria and S. Pankaj Garg, Ruby Verma. Effect of Using Different Encoders in Bluetooth. The devices equipped with IEEE Result is the number of co-located devices may cause interference issues in the 2.
Like other communication devices Bluetooth also consists of transmitter, channel and receiver. In transmitter and receiver encoders and decoders are used. In this paper, by using of two different encoders like hamming encoder and CVSD encoder we analyse the communication of Bluetooth device and compare the BER. Varshney and S. IEEE Std.
Halford, S. Halford, M. Webster and C. Carla F. Chiasserini and Ramesh R. Golmie, R. Van Dyck and A. Smita Upendra Gumaste, Jyoti Rao. As we know that, one of the highly impacted approach for protein networks is that their comparative analysis which has already gain many researchers attention specially for the predicting the network structure, protein function as well as interaction. The major challenge for execution of this approach is to present robust algorithm for multiple network alignment.
In this review paper, we are first presenting the literature review over the network alignment problems and querying problems. In the literature we are also discussing different PPI networks and their alignment problems. Further our main aim is to investigate the algorithm which is presented for efficient, fast with more accuracy pairwise alignment of multiple protein networks. Here we considering the proposed approach is work with novel representation of multiple protein networks those are having linear size.
From the experiment and results observations, we found that this approach is more efficient and fast as compared to previous studies for multiple protein networks. Aebersold, R. Ito, T. Ho, Y. Bader, I. Donaldson, C. Wolting, B. Ouellette, T. Pawson, and C. Bind—the biomolecular interaction network database. Nucleic Acids Research, pages —, Bandyopadhyay, R. Sharan, and T. Systematic identification of functional orthologs based on protein network comparison.
Genome Research, 16 3 —, Matthews, P. Vaglio, J. Reboul, H. Ge, B. Davis, J. Garrels, S. Vincent, and M. Genome Research, —, Sharan, R. Suthram, R. Kelley, T. Kuhn, S. McCuine, P. Uetz, T. Sittler, R. Karp, and T. Ideker, Conserved patterns of protein interaction in multiple species. Singh, R. Xu, and B. Berger, Global alignment of multiple protein interaction networks. Pac Symp Biocomput, p. Kailas I Patil, Jaiprakash Shimpi. According to human psychology, humans are able to remember pictures easily.
In this paper, we have proposed a new hybrid graphical password based system, which is a combination of recognition and recall based techniques that offers many advantages over the existing systems and may be more convenient for the user. Our scheme is resistant to shoulder surfing attack and many other attacks on graphical passwords. This scheme is proposed for smart mobile devices like smart phones i. Roman V. Farmingdale, NY. By applying fork like tuning stub to the microstrip wide slot antenna instead of line feed, it is experimentally found that operating bandwidth can be enhanced.
Experimental results indicate that the impedance bandwidth, defined by Db return loss, of the proposed wide slot antenna can reach operating bandwidth of 3. A comprehensive parametric study has been carried out to understand the effects of various dimensional parameters and to optimize the performance of the designed antenna. Sadat, S. Fardis, F. Geran, and G. Dastranj, A. Imani, and M. Lin, S. Chair, R. Kishk, K. Lee, C. Smith, and D. Chen, W. Pues and A. Antennas Propag. AP, no. Yang, X. Zhang, X. Ye, and Y. Long, and W. Wu and K. Huynh and K. Wong and Y. Gonzalez de Aza, J.
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Zapata, and J. Singh, Vikash Sharma. The plate is the only identification of the vehicle in the first sight. This plate helps in the searching and tracking of the vehicle whenever required. These important features of plate make it an important part of the vehicle and increase the chances of its misuse, like its tempering, its replacement with wrong plate etc. The paper proposes a system HSVP High Security Vehicle Plate , which makes the vehicle secure and restrict the cases of vehicle stolen completely or in parts. The system enhances the features of the existing HSNP system and improving the efficiency of the vehicle tracking system by providing an effective automated system.
HSVP may also be utilized to optimize the functioning of the traffic police. Coifman, B. Kim, S. Eun, H. Kim, J. Ko, W. Jung, Y. Choi, Y. Cho and D. Yung, N. Chan and A. Ko, H. Kim, I. Passino, K. Lai, M. Nakano and G. FDS is used to detect the face of the person driving the car and compare it with the training set. For example, during night when the owner of car is sleeping and someone tries to rob the car then initially the finger print of that person will be detected and matched with predefined image through handle of the car where the Finger print scanner can be placed.
Image obtained through the camera is then compared with stored training set image using FDS. If the image does not get match, then the information is sent to the owner through MMS. The image of the thief can be obtained by owner in his mobile through MMS as well as he can get the location of the vehicle through GPS. The owner can get the location of vehicle through SMS.
Ajaz, M. Asim, M. Ozair, M. Ahmed, M. Siddiqui, Z. Joseph A. International Symposium on Visual Computing, pp. Sun, M. Chen, S. Lo, and F. Yash Dave, Gordhan Jethava. Mobile cloud computing, new technology in the field of cloud computing enables cloud users to access cloud from their mobile devices e. Computation power and battery life is one of the major issues of these mobile devices. So to overcome this problem clones of mobile devices are created on cloud servers. This clone uses resources of the cloud servers.
Using augmented execution all complex applications run in this clone and response is sent back to mobile device. This can save battery life for low configured mobile devices. This paper shows how to improve the synchronization between mobile device and clone to communicate more reliably in terms of improving security. Due to huge amount of data, query-specific document summarization has become an important problem. It is difficult task for the user to go through all these documents, as the number of documents available on particular topic will be more. It will be helpful for the user if query specific document summery is generated.
Comparing different clustering algorithms those provide better result for summarization. Based on this we provide input as one query and get all the documents related to that and on these document different clustering algorithm are used to get results of each Algorithm. Then these algorithms comparing results with each other in terms of speed, memory, and quality of summary. After comparison we can decide which algorithm is better for summarization. So it will help to find the better query dependent clustering algorithm for text document summarization. Prashant D. Joshi, S. Joshi, M. Harshal J.
Jain, M. Bewoor, Dr. Laxmi S. Patil, Prof. Bewoor, and Dr. Meghana N. Ingole, Mrs. Bewoor, Mr. The complete Reference of. Larsen and C. Priya, S.